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Home My WebLink AboutCouncil Packet - 6/26/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, June 26, 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 311 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Michelle Weidner, Chief Financial Officer Agenda, as proposed or amended. Minutes of June 19, 2017, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as July 10, 2017 to approve the sale and conveyance of a portion of East San Marnan Drive right-of-way adjacent to 121-129 East Tower Park Drive, in the amount of $1.00 to P and H, LLC, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution setting date of public hearing as July 17, 2017 for the sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC with a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July 13, 2017, and date of public hearing as July 17, 2017, for the FY 2018 Ash Street Drainage Improvements, Contract No. 936, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Request of the Cedar Valley Irish Fest Cultural Association to hold the 11th Annual Iowa Irish Fest Event from August 4-6 2017, in and around Lincoln Park and surrounding streets including a 5K on August 5, 2017 from 6:30 a.m. to 10:15 a.m. Submitted By: Daniel J. Trelka, Chief of Police 6. Request from Main Street Waterloo to hold the Mayor's Independence Day Festival on Saturday, July 1st from 6 PM to 11 PM to include alcohol sales at the Riverloop Amphitheater including the closure of the Park Ave bridge and Cedar Street near the amphitheater. Submitted By: Joe Leibold, Captain of Police Services Page 2of311 7. Request by Faith Temple Baptist Church ABCUSA & LINC for a Variance to the Noise ZZOrdinance on July 8, 2017 from 8:30 a.m. to 12:00 p.m. for a Community Wide miufea yt9oe Lheilboldt,Ft,apiai°n of roiice ernvicesterloo, including a PA system. 8. Request of Crossroads Community Church of the Nazarene for a variance to the Noise Ordinance on August 26, 2017 from 10:30 a.m. to 3:30 p.m. in conjunction with a Community Block Party event to be held in the parking lot of 3622 Hammond Avenue, with the use of a PA system. Submitted By: Joe Leibold, Captain of Police Services 9. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $55,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with Main Street. Submitted By: Michelle Weidner, Chief Financial Officer 10. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2017 to finance administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Submitted By: Michelle Weidner, Chief Financial Officer 12. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for the year ending June 30, 2017 to finance administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Submitted By: Michelle Weidner, Chief Financial Officer 14. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Submitted By: Michelle Weidner, Chief Financial Officer 15. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds (MidPort area) in an amount not to exceed $245,000 for the release of property by the Federal Aviation Administration for economic development. Submitted By: Michelle Weidner, Chief Financial Officer 16. Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM General Fund Trust & Agency Fund General Fund Debt Service Fund Tax Increment Financing Trust & Agency Fund General Fund AMOUNT -PURPOSE $5,371,187.00 rEmployee benefits $630,987.04 $47,250.00 Debt Service Fund 1$3,395,803.14 Emergency levy Five Sullivan Brothers Convention Center debt retirement TIF share of General Obligation principal and Interest Page 3of311 Fund Debt Service Fund Sewer Fund Sewer Fund $3,171,188.48 Debt Service Fund r$806,822.92 General Fund Tax Increment $40,000.00 Financing Fund General Fund ' General Fund C▪ apital Projects Fund Tax Increment $71,306.60 Financing Fund Tax Increment $48,500.00 Financing Fund Tax Increment $54,967.28 Financing Fund C▪ apital Projects Fund Tax Increment Financing Fund r$1,410.00 ' Capital Projects Fund Tax Increment $418,199.50 Financing Fund Capital Projects Fund Tax Increment Financing fund ' Capital Projects Fund Tax Increment Financing Fund Capital Projects Fund Tax Increment Financing Fund $455,963.88 $105,173.91 r$551,703.69 C▪ apital Projects Fund Tax Increment $93,527.60 Financing Fund ' Capital Projects Fund Tax Increment $3,000.00 Financing Fund Capital Improvements Fund Tax Increment $209,600.00 Financing Fund C▪ apital Projects Fund Tax Increment Financing Fund C▪ apital Projects Fund $59,124.00 Tax Increment $50,000.00 Financing fund ' Capital Projects Fund Tax Increment r$168,416.66 Financing Fund Sewer share of General Obligation principal and interest Sewer portion of General Obligation bonds refunded in June 2017 Reimburse General Fund for services provided by Main Street Reimburse General Fund for administrative expenses provided for TIF projects Reimburse General Fund for services provided by the Greater Cedar Valley Alliance San Marnantraffic lane reconfiguration San Marnan site certification services North East Site sanitary sewer extension North East Sitegrading project East Waterloo Unified - MidPort Leversee area development project East Waterloo Unified - Wagner Road sanitary sewer extension and grading East Waterloo Unified MidPortBlvd. Extension Phase III East Waterloo Unified MidPort grant - writing services East Waterloo Unified - MidPort FAA property release East Waterloo Unified - Logan property acquisition East Waterloo Unified - Logan consulting services Downtown Single Speed project Submitted By: Michelle Weidner, Chief Financial Officer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Ed Abben, Building Maintenance Class/Meeting: Iowa Department of Public Health Destination: Online Renewal Dates: 6/15/2017 Amount not to exceed: $240 b. Joel Shepard, Building Maintenance Page 4 of 311 Class/Meeting: Iowa Department of Public Health Destination: Online Renewal Dates: 6/15/2017 Amount not to exceed: $240 c. Todd Henrich, Building Maintenance Class/Meeting: Iowa Department of Public Health Destination: Online Renewal Dates: 6/15/2017 Amount not to exceed: $336 d. Keith Kaspari, Director of Aviation Class/Meeting: Cedar Valley Coalition - 2017 Destination: Washington, D.C. Dates: 6/12-15/2017 Amount not to exceed: $1,467.50 (AMENDED) e. Inv. Saunders Class/Meeting: IOMGA (International Outlaw Motorcycle Gang investigators Association) Conference 2017 Destination: Scottsdale, AZ Dates: 8/19-25/2017 Amount not to exceed: $1,258 f. Inv. Morley Class/Meeting: International Association of Identifications Conference Destination: Atlanta, GA Dates: 8/6-12/2017 Amount not to exceed: $1,628 2. LIQUOR LICENSES a. The American Legion, 728 Commercial Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/14/2018 b. CVS #8544, 1825 E. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2018 c. Hwy 63 Diner, 3030 Marnie Avenue (new owner will take over July 1) Class: C Liquor New Application Includes Sunday Expiration Date: 6/29/2018 d. Hwy 63 Diner, 3030 Marnie Avenue Class: B Wine / C Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2018 e. Kwik Star #715, 1636 W. 4th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/29/2018 f. Legs, 212 E. 4th Street, Suite 103 Class: B Wine / C Beer Page 5of311 Renewal Application Does not include Sunday Expiration Date: 6/25/2018 g. Light House Lounge, 1307 W. 5th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/28/2018 h. Target Store T-1792, 1501 E. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/27/2018 3. APPOINTMENTS a. Janna Diehl Board/Commission: MET Transit Expiration Date: 6/30/2020 Re -Appointment b. Pat Becker Board/Commission: MET Transit Expiration Date: 6/30/2020 Re -Appointment c. Pennie Drew Board/Commission: MET Transit Expiration Date: 6/30/2020 Re -Appointment d. Barb Prather Board/Commission: MET Transit Expiration Date: 6/30/2020 Re -Appointment e. Jack Good Board/Commission: MET Transit Expiration Date: 6/30/2020 Re -Appointment f. Sherman Wise Board/Commission: Waterloo Convention and Visitors Bureau Expiration Date: 6/30/2020 Re -Appointment g. Jane Gordon Board/Commission: Waterloo Convention & Visitors Bureau Expiration Date: 6/30/2020 Re -Appointment h. Rebecca Varnold Board/Commission: Housing Authority Board Expiration Date: 6/26/2019 New Appointment Page 6of311 4. Cigarette/Tobacco Permit Renewal Applications BAMBOO RIDGE CAMPGROUND 4550 HESS RD B&B EAST 1615 BISHOPAVE BJ'S SPORTS BAR AND BILLIARDS 110 IDA ST BP FUEL 127 JEFFERSON ST BROADWAY LIQUOR 821 BROADWAY ST CASEY'S GENERAL STORE #2427 3035 LOGAN AVE CASEY'S GENERAL STORE #2866 51 E. TOWER PARK DR CASEY'S GENERAL STORE #2867 2424 RANCHERO RD CASEY'S GENERAL STORE #2879 3260 UNIVERSITY AVE CASEY'S GENERAL STORE #2880 1604 LA PORTE RD CENTRAL IOWA VAPORS 2829 UNIVERSITY AVE CLUBPHIRE HOOKAH LOUNGE AND TOBACCO OUTLET 501 W 4TH ST CORK'S GROCERY 1956 LAFAYETTE ST DOLLAR GENERAL STORE #10073 3815 UNIVERSITY AVE DOLLAR GENERAL STORE #4698 2935 LOGAN AVE DOLLAR GENERAL STORE #7136 66 E. TOWER PARK DR DOLLAR GENERAL STORE #7162 820 W 5TH ST ELECTRIC UNDERGROUND 1205 E. SAN MARNAN DR. FAMILY DOLLAR #30944 2206 KIMBALL AVE FAMILY DOLLAR #21424 1120 FRANKLIN ST FAMILY DOLLAR #25600 611 BROADWAY ST FAREWAY #951 40 W. SAN MARNAN DR HY-VEE CONVENIENCE STORE #4 3700 UNIVERSITY AVE HY-VEE FOOD STORE #1 2834 ANSBOROUGH AVE HY-VEE FOOD STORE #2 2181 LOGAN AVE HY-VEE FOOD STORE #3 1422 FLAMMANG DR HY-VEE FOOD STORE #4 4000 UNIVERSITY AVE HY-VEE GAS #2 2221 LOGAN AVE HY-VEE GAS #3 1512 FLAMMANG DR HY-VEE WINE & SPIRITS #1 2126 KIMBALL AVE HOMETOWN FOODS 1010 E.MITCHELLE AVE INDEPENDENCE LIQUOR & FOOD 1761 INDEPENDENCE AVE JIM LIND SERVICE 230 EAST RIDGEWAY KINGS & QUEENS CLUB 304 W 4TH ST KWIK STAR #569 875 FISHER DR LIQUOR AND TABACCO OUTLET 2844 UNIVERSITY AVE NATIONAL CIGAR STORE 617 SYCAMORE ST NEW STAR 315 FLETCHERAVE NEW STAR ANSBOROUGH 1459 ANSBOROUGH AVE NEW STAR LIQUOR 1625 W 4TH ST PRIME MART #3 1008 LA PORTE RD PRIME MART #5 508 BROADWAY ST PRIME MART #7 1309 LAFAYETTE ST Page 7of311 ROMANTIXADULT EMPORIUM 1507 N LAPORTE RD SAC'S NEIGHBORHOOD PUB 2000 HAWTHORNE AVE SAM'S CLUB #6514 210 E. TOWER PARK DR SMITTY'S BAR 709 JEFFERSON SPEEDY MART 926 LINN ST SYCAMORE CONVENIENCE 619 SYCAMORE ST TEXAS STREET MART 4335 TEXAS ST WALGREENS #10855 1850 LOGAN AVE WALGREENS #3590 3910 UNIVERSITY AVE WALGREENS #7455 111 W. RIDGEWAYAVE WAL-MART #1496 1334 FLAMMANG DR WE GOT GLASS 2166 LAFYETTE ST WEST SIDE LIQUOR 919 W 5TH ST WISHBONE 201 S 18TH ST YESWAY#1022 1976 FRANKLIN ST YESWAY #1023 117 E SAN MARNAN DR Submitted By: Kelley Felchle, City Clerk 5. Fireworks Display at Park Avenue Bridge on July 1, 2017 beginning at 9:45 p.m. for approximately 12-15 minutes Submitted By: Pat Treloar, Chief of Fire Services 6. Bonds PUBLIC HEARINGS 2. Adoption of the FY 2018-2022 Capital Improvements Program for the City of Waterloo. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution adopting the FY 2018-2022 Capital Improvements Program. Submitted By: Noel Anderson, Community Planning and Development Director 3. Request by Prime RE, LLC for a Major Site Plan Amendment in the "S-1" Shopping Center District to allow for the construction of a 12,160 square foot retail commercial building and 71 stall parking lot, located north of 2060 Crossroads Boulevard. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by Prime RE, LLC for a Major Site Plan Amendment to allow for the construction of a 12,160 square foot retail commercial building and 71 stall parking lot located north of 2060 Crossroads Boulevard. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. Request by Kwik Trip, Inc for a Major Site Plan Amendment in the "M -2,P" Planned Industrial District to allow for the Construction of a biodiesel blending facility, located directly west of 2010 West Ridgeway Avenue. Page 8of311 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10 4 4, approving a Site Plan Amendment on certain property located directly west of 2010 West Ridgeway Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 5. Sale and conveyance of city owned property generally located adjacent to 157 Washington Street to Jason Grimm. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located adjacent to 157 Washington Street, to Jason Grimm in the amount of $2,000, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving a Development Agreement with Jason Grimm for the sale of property located adjacent to 157 Washington Street and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director 6. Lease agreement with TowerCo 2013, LLC to place a 190 foot tall monopole cellular tower and related equipment on excess city owned right-of-way located near the intersection of West Conger Street and River Road, east of 310 West Conger Street, and leasing the site for a period of five (5) years with the option to renew for up to 19 additional five (5) year terms, for $800 per month. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving a lease agreement with TowerCo 2013, LLC to place a 190 foot tall monopole cellular tower and related equipment on excess city owned right-of-way located near the intersection of West Conger Street and River Road, east of 310 West Conger Street, and leasing the site for a period of five (5) years with the option to renew for up to 19 additional five (5) year terms, for $800 per month. Submitted By: Aric Schroeder, City Planner 7. FY 2017 Rehabilitation of Taxiway Charlie at Waterloo Regional Airport, Bid Package No. 1 of 2, FAA Grant No. 45. 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 and file, and instruct the City Clerk to read bids and refer to Airport Director for review. Submitted By: Keith Kaspari, Airport Director 8. FY 2017 Rehabilitation of Runway 12/30 Pavement Joint and add alternate bid item Nos. 1-2-3 at Waterloo Regional Airport, bid package No. 2 of 2, FAA Grant No. 45. Page 9of311 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Airport Director for review. Submitted By: Keith Kaspari, Airport Director RESOLUTIONS 9. Resolution authorizing City Clerk to certify against certain parcels for unpaid garbage, sewer, and storm water fees. Submitted By: Kelley Felchle, City Clerk 10. Resolution approving renewal of property insurance for a total premium of $299,123, with Chubb Insurance. Submitted By: Kelley Felchle, City Clerk 11. Resolution approving an agreement for umbrella insurance for a total premium of $244,420, with Brit Insurance. Submitted By: Kelley Felchle, City Clerk 12. Resolution approving renewal of general, cyber, and auto liability, law enforcement, public officials, and errors and omissions for a total premium of $855,123, with Travelers Insurance. Submitted By: Kelley Felchle, City Clerk 13. Resolution approving annual renewal agreement with Safety National at a cost not to exceed $179,106 per year to provide workers' compensation stop loss coverage and $22,238 to Alternative Service Concepts for claims administration. Submitted By: Kelley Felchle, City Clerk 14. Resolution approving grant application to the RJ McElroy Trust in the amount of $10,000 to fund a conceptual plan for the Lincoln Park Improvements project. Submitted By: Paul Huting, Leisure Services Director 15. Resolution approving award of contract to Plumb Tech, Inc. of Waterloo, Iowa, in an amount not to exceed $19,556.00, in conjunction with the replacement of two (2) roof mounted air conditioning units for the General Aviation Terminal Building at the Waterloo Regional Airport, and authorize the Airport Director to execute said document. Submitted By: Keith Kaspari, Airport Director 16. Resolution approving award of contract to Pella Roofing of Vinton, Iowa, in an amount not to exceed $65,995.00, for base bid and alternate bid No. 1, for improvements associated with Hangar No. 5 at the Waterloo Regional Airport and authorize the Airport Director to execute said document. Submitted By: Keith Kaspari, Airport Director 17. Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. for an amount not to exceed $190,000.00, in conjunction with the Levee Sanitary Gatewell Repair Project, and authorize Mayor to execute said document. Page 10 of 311 Submitted By: Jamie Knutson, PE, Associate Engineer 18. Resolution approving award of contract to McGill Restoration, Inc. of Omaha, NE, in the amount of $444,854.00, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize Mayor and City Clerk to execute said documents. Submitted By: Mark A. Boesen, Manager of Rehabilitation Services/Building Maintenance ORDINANCES 19. Request of the City of Waterloo to amend the 2007 City of Waterloo Code of Ordinances by amending Code Section 7-1-6; Property Owners to Maintain Right of Way. Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of Ordinances by amending Title 7 -Public Ways and Property, Chapter 1 - Streets, Sidewalks and Public Ways, Section 6 - Property Owners to Maintain Right of Way. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: David R. Zellhoefer, City Attorney OTHER COUNCIL BUSINESS 20. Motion approving Change Order No. 1 and No. 2 for a total increase of $3,633 for the removal of additional asbestos at 1120 Washington Street and 71 Franklin Street. Submitted By: Noel Anderson -Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle, CMC City Clerk MEETINGS 3:40 p.m. Council Work Session, Harold E. Getty Council Chambers 4:55 p.m. Building and Grounds Committee, Harold E. Getty Council Chambers 5:00 p.m. Boards and Commission, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting Minutes of May 2017. Page 11 of 311 CITY OF WATERLOO Council Communication Minutes of June 19, 2017, Regular Session, as proposed. City Council Meeting: 6/26/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/20/2017 - 1:33 PM ATTACHMENTS: Description Type D Minutes of 6.19.17 Cover Memo Submitted by: Submitted By: Page 12 of 311 June 19, 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, June 19, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Preston Duncan, Tribal and Spiritual Leader, Meskwaki Nation. Guest was unavailable at the time but arrived during oral presentations. Pledge of Allegiance: Dave Zellhoefer, City Attorney 145571 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 19, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145572- Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 12, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, called around for rental pricing information on the saw listed on the Finance Committee Agenda and questioned how many hours the saw is used. Sandie Greco, Interim Public Works Director, explained that she would check records for hours of use for the saw but that it is consistently used. Jim Chapman, 224 Bertch, questioned why the Waste Management gate was closed last week. Steve Hoambrecker, Waste Management Director, explained that the gate was locked for security purposes and that people can use the intercom at the gate to be let into the plant. Forest Dillavou, 1725 Huntington Road, questioned when renting the building on 5th street would be on the council agenda. Paul Huting, Leisure Services Director, explained that the amount of the contract was approved on the on the Finance Committee agenda. Forest Dillavou commented that he does not support the city use of the site and suggested alternatives. He further questioned why the area at the end of Falls Avenue is locked. Mr. Morrissey questioned if the council would allow Mr. Preston Duncan, Tribal and Spiritual Leader, Meskwaki Nation, to present the invocation. Preston Duncan, Tribal and Spiritual Leader, Meskwaki Nation, introduced himself and explained he would give the invocation in the Meskwaki language. John Sherbon, 1750 Robin Road, thanked staff for a tour of the Public Works building and explained that he saw that the city has several vehicles and that some are very old and in need of maintenance and that the staff is shorthanded. Mr. Schmitt commented that council received a copy of the 657A Property Sale Policy and questioned how the public can obtain a copy of the policy. Noel Anderson, Community Planning and Development Director, explained that the form can be made available at the counter. 145573- Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Page 13 of 311 June 19, 2017 Page 2 145574- 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 June 19, 2017, in the amount of $4,184,134.23, 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. 2017-458. 2. Resolution approving request from Trekman Racing to hold the 9th annual Prediction Run on July 19, 2017 at 6:45 p.m. beginning at Singlespeed Brewing and traveling the bike trail to River Road, then returning to Singlespeed via Cedar Street. Resolution adopted and upon approval by Mayor assigned No. 2017-459. 3. Resolution setting date of public hearing as July 10, 2017 to approve a lease agreement with Cedar Valley 4 Rent, LLC for property located south of 509 Riverside Drive for $1.00 for a term ending December 31, 2027. Resolution adopted and upon approval by Mayor assigned No. 2017-460. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July, 13th, 2017 and date of public hearing as July 17th, 2017 for the FY 2018 Manhole Inspection -Service Areas 10, 11, 12 and 13 and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-461. 5. Resolution approving cancellation of assessment for 711 Kingsley Avenue in the amount of $143.84, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-462. 6. Resolution approving the use of not to exceed $1,475,000 in Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds for site grading. Resolution adopted and upon approval by Mayor assigned No. 2017-463. 7. Resolution approving the use of not to exceed $100,000 in San Marnan Urban Renewal Area Tax Increment Financing funds for the San Marnan Road Lane Reconfiguration project. Resolution adopted and upon approval by Mayor assigned No. 2017-464. 8. Resolution approving the use of not to exceed $700,000 in East Waterloo Unified Urban Renewal Tax Increment Financing funds for the Wagner Road Sanitary Sewer Extension project in the East Waterloo Unified Urban Renewal TIF district in the area formerly known as MidPort. Resolution adopted and upon approval by Mayor assigned No. 2017-465. 9. Resolution approving the use of not to exceed $1,500,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds for the construction of public infrastructure in the MidPort Leversee area. Resolution adopted and upon approval by Mayor assigned No. 2017-466. Page 14 of 311 June 19, 2017 Page 3 10. Resolution approving the use of not to exceed $160,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. Resolution adopted and upon approval by Mayor assigned No. 2017-467. 11. Resolution approving the use of not to exceed $60,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the KWWL property acquisition project. Resolution adopted and upon approval by Mayor assigned No. 2017-468. 12. Resolution approving the use of $50,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development marketing. Resolution adopted and upon approval by Mayor assigned No. 2017-469. b. Motion to approve the following: 1. 2. a. a. b. c. d. e. f. g. h. i. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Matt Chesmore / Jon Martin / Mark Boesen Code Inspection for Healthier Homes Iowa City, IA July 20, 2017 $430 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Catherine Doyle's Pub, 504 Sycamore Street C Liquor Renewal 3/7/2018 X Dad's Pub, 1106 LaPorte Road C Liquor / Brew Pub w/Outdoor Service New 6/30/2018 X El Mercadito, 520 LaPorte Road C Beer Renewal 5/21/2018 X Metro Mart 144, 2332 Falls Avenue C Beer / E Liquor Renewal 6/30/2018 X Michoacana Meat Market, 1215 Franklin Street C Beer Renewal 4/26/2018 X Olive Garden # 1489, 1315 E. San Marnan Drive C Liquor Renewal 5/28/2018 X Prime Mart 143, 1008 LaPorte Road B Wine / C Beer / E Liquor Renewal 6/12/2018 X Ramada Inn, 205 W. 4th Street B Liquor Renewal 4/30/2018 X Walgreens 1410855, 1850 Logan Avenue B Wine / C Beer / E Liquor Renewal 6/16/2018 X 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Charles D. Needham Airport Board 06/30/2021 New 4. Bonds. Mr. Lind questioned requested an overview of items 1A6-12. Page 15 of 311 June 19, 2017 Page 4 Noel Anderson, Community Planning and Development Director, provided an overview of the use of TIF funds for items listed in 1A6-12. Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 145575- Schmitt/Lind that "Resolution authorizing the City Clerk to certify against certain parcels unpaid weed mowing, snow removal and property clean-ups", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey commented that the total amount is $84,406 amongst 383 properties, of those properties, 121 properties have owners who do not live in the state of Iowa, another 81 properties whose owners do not live in the city of Waterloo, and finally 8 of those with no mailing address. He further commented that research should be done to see how other cities collect on these fees. Resolution adopted and upon approval by Mayor assigned No. 2017-470. 145576- Schmitt/Lind that "Resolution authorizing the City Clerk to certify against certain parcels for unpaid commercial inspection fees and rental property Inspection fees", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-471. 145577- Schmitt/Lind that "Resolution approving permanent closure to vehicular traffic of the 3800 block of West Shaulis Road with placement of signage and permanent barriers", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned the permanent closure. Paul Huting, Leisure Services Director, explained that a neighbor near this property was available to speak on why this closure would be beneficial. John Miller, 4213 West Shaulis Road, explained that Black Hawk County is responsible for maintaining the greenbelt to Hudson and what is happening is people are active at the park at night after hours and after speaking to Black Hawk County the road could be blocked to prevent vehicles from getting down to the park at night and dumping trash. He further explained that the distance is approximately 300 yards and that the neighbors are anxious about the late night activities in the area. Resolution adopted and upon approval by Mayor assigned No. 2017-472. 145578- Lind/Amos that "Resolution authorizing submission of application to Black Hawk County Gaming Association in the amount of $65,000, for lighting replacement at Riverfront Sports Park Diamond #2, bleacher replacement and sidewalk connections from parking areas at Danes and Tibbitts Baseball Complexes", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned the city's contribution to the grant. Paul Huting explained that the city would cover the funds with bond money if awarded. Resolution adopted and upon approval by Mayor assigned No. 2017-473. 145579- Lind/Amos that "Resolution approving completion of project, recommendation of acceptance of work and release of retainage in the amount of $83,514.96 for work performed by WRH, Inc., of Amana, Iowa Page 16 of 311 June 19, 2017 Page 5 at a total cost of $1,670,299.12 for the FY 2014 Belt Filter Press Addition, City Contract No. 869", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-474. 145580- Amos/Morrissey that "Resolution approving Agreement with Regions Bank to pave public right of way located at 412 Mulberry Street for beautification purposes", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-475. 145581- Amos/Morrissey that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. for an amount not to exceed $27,500 in conjunction with the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-476. 145582- Morrissey/Amos that "Resolution approving contract with Cedar Bend Humane Society for the boarding of domestic animals and injured/sick wildlife taken into the Humane Society by Animal Control officers and Waterloo residents, commencing July 1, 2017 thru June 30, 2020 and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned the cost of the animal control budget. Sandie Greco, Interim Public Works Director, explained the numbers will be available next week. Mr. Schmitt requested an overview of the contract. Sandie Greco explained the terms of the contract and related costs. Mr. Schmitt questioned if incidents with Pit Bulls have decreased. Sandie Greco explained that last year's bite reports are available if desired. Mr. Morrissey questioned if the city is charged the same as an individual. Sandie Greco provided an overview of how charges are incurred. Mr. Morrissey questioned the cost of removing a possum from a resident's garage. Sandie Greco explained that the animal goes to wildlife rehab at no charge. Resolution adopted and upon approval by Mayor assigned No. 2017-477. 145583- Welper/Morrissey that "Resolution approving Federal Aid agreement with Iowa Department of Transportation Project No. STP -U-8155(756)--70-07, to accept federal aid funds for conducting a media, multi -media Children Traffic Safety Awareness Campaign, for the area covered by the Metropolitan Planning Organization, in the amount of $30,000, including the City's share of $7,500, for a total project cost of $37,500, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview of the item. Sandie Greco provided overview of the funding for the project. Page 17 of 311 June 19, 2017 Page 6 Mr. Lind commented that he did not receive a copy of the federal aid consultant selection process guidelines. Sandie Greco explained that she sent a copy on Friday and further explained the selection process. Resolution adopted and upon approval by Mayor assigned No. 2017-478. 145584- Welper/Morrissey that "Resolution approving contract with 4C's Consulting, LLC of Waterloo, Iowa for consulting services to conduct a media, multi -media Children's Traffic Safety Awareness Campaign in the amount of $37,000 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. 2017-479. 145585- Schmitt/Amos that "Resolution approving the second of two payments for FY 2017 to Greater Cedar Valley Alliance for work towards economic development, in the amount of $14,250 base amount with $10,000 in incentive funds, for a total payment of $24,250", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, requested an overview of the economic development they have brought to the city. Mr. Lind commented that he would like to see the number of jobs and capital investments brought in by Greater Cedar Valley Alliance and further commented that he thinks the wage of jobs brought in should be increased. Noel Anderson explained that the agreement calls for automatic payment of $14,250, and $5,000 per quarter for work soliciting leads. He further provided an overview of the letter submitted by Greater Cedar Valley Alliance on their activity in the last quarter. Mr. Lind commented that the city is paying them per the contract for bringing leads to the city. Mr. Morrissey commented that he is concerned about attaching a number to vague terms and that he would like to know the name of the leads. Mayor Hart commented that the market is competitive and that more conversation needs to happen to ensure integrity in the process. Mr. Jacobs commented that the letter does state that they have an estimated number of jobs identified and whether or not the number is accurate. Noel Anderson explained that the number includes some that have come to the city and that are looking to the city. Mr. Jacobs questioned what percentage of that would the city realize. Noel Anderson explained that would be difficult to estimate. Mayor Hart requested that the documents provided at the last quarterly update be provided to council. Resolution adopted and upon approval by Mayor assigned No. 2017-480. OTHER COUNCIL BUSINESS 145586- Lind/Powers Page 18 of 311 June 19, 2017 Page 7 Motion approving Contract Modification No. 1 for a net increase of $139,594.38 for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. Voice vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview. Eric Thorson, City Engineer, provided an overview of the contract modification. 145587- Lind/Powers Motion approving Change Order #2 resulting in an increase of $4,500.00 to Via Rail Engineering for additional survey work located near the northeast corner of Northeast Drive and Independence Avenue. Voice vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the change order. ADJOURNMENT 145588- Morrissey/Welper that the Council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle, CMC City Clerk Page 19 of 311 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 10, 2017 to approve the sale and conveyance of a portion of East San Marnan Drive right-of-way adjacent to 121-129 East Tower Park Drive, in the amount of $1.00 to P and H, LLC, and instruct the City Clerk to publish said notice. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type D Attachments 121-129 E Tower Park Vacate Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: D ate 6/21/2017 - 11:24 AM 6/21/2017 - 11:30 AM Resolution setting date of public hearing as July 10, 2017 to approve the sale and conveyance of a portion of East San Marnan Drive right-of-way adjacent to 121-129 East Tower Park Drive, in the amount of $1.00 to P and H, LLC, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as July 10, 2017 to vacate, sell and convey a portion of East San Marnan Drive right-of-way adjacent to 121-129 East Tower Park Drive to P and H, LLC in the amount of $1.00. The applicant has requested to purchase the right-of-way to preserve frontage along East San Marnan Drive. The right-of-way in question was purchased from Mayme Martin in 1956 for highway purposes, which was once Iowa Highway 412, and due to this, Iowa State Code Section 306.23 requires that the land in question be offered back to the original owner it was purchased from, as well as adjacent owners. The City had the right-of-way appraised, which is required by state code, by Rally Appraisal, LLC, and the parcel appraised for $20,000. There were no bids received during the 60 day timeframe of notification, therefore, the City can dispose of the property as they wish. P and H, LLC has turned in a detailed list of deductions from the overall appraisal price of $20,000, indicating that they will deduct half of the price due to an easement needing to be retained for an overhead electrical line, a reduction in future taxes to be paid and surveying/engineering costs of $8,000 (see attached). Due to the deductions, P and H, LLC is offering $1.00 to for the land to pave a new parking lot behind the building. With the deductions, the request appears to be meeting the Sale of Property Policy. Page 20 of 311 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Therefore, we would ask that the City Council set a date of public hearing as July 10, 2017, and publish an official notice pertinent to the request to vacate the area described in herein. N/A N/A Sale of Property N/A N/A That part of the Northwest 1/4 of Section 10-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northwest corner of Lot 3, Anderson's Third Addition, Waterloo, Black Hawk County, Iowa, which is also the Southerly right-of- way line of E. San Marnan Drive; thence S 88°43'24" E along said Southerly R -O -W line 200.00 feet; thence N 01°16'36" E 20.00 feet; thence N 88°43'24" W 200.00 feet; thence S 01°16"36" W 20.00 feet to the point of beginning The Southerly right-of-way line of E. San Marnan Drive is assumed to bear S 88°43'24" E. Page21 of 311 May 3, 2016 REQUEST: Request by P & H, LLC to vacate a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive. APPLICANT: P & H, LLC, 2709 Country Meadow Lane, Cedar Falls, Iowa 50613. GENERAL The applicant is proposing to vacate a 20'x200' strip of E San Marnan DESCRIPTION: Drive right-of-way in order to add parking to their lot along E San Marnan Drive. IMPACT ON The request does not appear to have a negative impact on the NEIGHBORHOOD & neighborhood, surrounding land use or, the existing utilities, as all SURROUNDING LAND easements are being retained over the 20' requested to be vacated. USE: VEHICULAR & The request would not appear to have a negative impact on vehicular PEDESTRIAN TRAFFIC and pedestrian traffic movements in the area. The area requesting to CONDITIONS: be vacated will be utilized for additional parking for the adjacent businesses. RELATIONSHIP TO RECREATIONAL TRAIL PLAN: RELATIONSHIP TO COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: No trails are located near the area proposed to be vacated. The request does not include sidewalks or trails. No sidewalks or trails are located nearby therefore the addition of a sidewalk or trail at this time does not appear to be needed. The site in question is zoned "C-2" Commercial District and has been since the adoption of ordinance 3243 on September 27, 1982. The surrounding properties zoning and uses are as follows: North: "R-3" Multiple Family Residence District- Across E San Marnan Drive, Residential condos East: "C-2" Commercial District- Commercial Businesses South: "C-2" Commercial District- Commercial Businesses West: "C-2" Commercial District- Commercial Businesses DEVELOPMENT Commercial development began in the area in the mid -90's until HISTORY: present day. BUFFERS/ There would not be any screening requirements for this request. SCREENING REQUIRED: DRAINAGE: A drainage area is located adjacent to the property requested to be vacated. When originally platted a parcel was designated for drainage use for the area. The proposed area to be vacated would also be utilizing said drainage parcel. FLOODPLAIN: The property is not located within a flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 303F, dated July 18, 2011. PUBLIC /OPEN There are no parks or open spaces located within the immediate 5.3.16 San Marnan Right -of -Way Vacate 121-129 E Tower Park Page 22of311 SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: May 3, 2016 vicinity of the area. Overhead electric lines are located within the area requested to be vacated. The applicant has indicated that a utility easement will be retained over, under, across, and upon the entire area proposed to be vacated. The Future Land Use Map (February 3, 2003) designates this site as Commercial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The applicant is requesting to vacate a 20'x200' portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive. The applicant has indicated that an easement will be retained over, under, across and upon the entire area to be vacated. The applicant is requesting the vacate to be able to add parking to their lot for their clients. There are overhead electric lines located within the area in question. The City of Waterloo is working to construct a new force main in this corridor. This 20' portion to be vacated would not appear to negatively impact that project. Mid -American did not have any concerns with the request due to the easement being retained and also the plan showing a buffer/greenspace around the utility poles. The request does not require any subdividing. Therefore, staff would recommend approval of the request to vacate a portion of East San Marnan Drive, located adjacent to 121-129 East Tower Park Drive for the following reason(s): 1. The request would not appear to have a negative impact upon the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian or vehicular traffic conditions in the area 3. An easement will be retained for utilities in the area. 5.3.16 San Marnan Right -of -Way Vacate 121-129 E Tower Park Page 23 of 311 City of Waterloo Planning, Programming and Zoning Commission May 3, 2016 _ElmmEm' mEm ■ MEN ■ N MEM MEM 1 Rr4 wit Wm ■ N Mal �11111w um R -3;R -P = --- NNW IMM NEM S-1 II R-4 i NE • .: , mg 111 w„ w R-2 v._�. 44,11 kr My iv 111 ij1Ifts NW- im NM. En N MC N=—;IR -40110. - z R -4.0-Z HUM JP 1 NWWN , — - Mon 11111111 L_ sss m1 NM N . . Mairambium MOM :• • MIMI • ._ -:' ii N _= R -4,R -P I•.r rKwA EMrimpit,„ Lot I Milli ,11We* 111 % �a lap 4447 ■ R -2.0-Z C=1 r C -1,C -Z R-4 C -2,C -Z -R-4 C-2 '1'oft r B -P 1 R -1 .C - A=1 2 1 0 S 21 11 11111 ■N■NuN■NN N■NlN, N wvi■■N■u4•18115 map ion iiu■ • 474 4.40 antpakas ■ssss■assUI■ii■s■ R-4 N R-3 �2FIE ■: ifintil 0 - IN IN,111111111! 1 am R=2 111111111 • C 1111 '■•■ :■Nr 'FAUN INN ■ 11: NN R-4 Mir M-1 121-129 East Tower Park Drive Vacate Portion of Right -of -Way P and H, LLC Page 24 of 311 City of Waterloo Planning, Programming and Zoning Commission May 3, 2016 121-129 East Tower Park Drive Vacate Portion of Right -of -Way P and H, LLC Page 25 of 311 w' E NW ��--- / �f r nr. ✓`-T�/ 100 50 0 100 %rloo \O Feel Page 26 of 311 C C sn 4 1,4 0 8 N 01' 16'38" E 223.53' ? 01'16'36' E 223.53' 3 .i►,£ 6.88 S N 0111 6'36" E 223.53' • 0 -o 'o z z Eli 0 z 0 Page27of311 That part of the Northwest 1/4 of Section 10-88-13, Waterloo, Slack Hawk County, Iowa, described as follows: Beginning at the Northwest corner of Lot 3, Anderson's Third Addition, Waterloo, Black Hawk County, Iowa, which is also the Southerly right-of-way line of E San Marnan Drive; thence S 88°43'24" E along said Southerly R -D W line 200.00 feet; thence N 01°16'36" E 20.00 feet; thence N 88°43`24" W 200.00 feet; thence S 01°16"36" W 20.00 feet to the point of beginning. The Southerly right-of-way line of E. San Marnan Drive is assumed to bear S 88°43'24" E. Page 28 of 311 SUOISIAOJ 0 N 01 6Z8S-99Z-61£ — DMOI `Sllaj .iopao /(DA0laod A6olouyo81 10S1 6ulaaeu16u3 rA OMOi `oopo4OM Ja )lJOd JeMOj tso3 6Z 21. (-1UI0aH eAuse61a ualIV L \ \ \ '.- Q1 \ J fD \ �aNw; N" ' \ a O Z O~ m \ N Om \ 1 s J \ W \ \ wz 0 \ y~w w p H hZZ -O 7 OJ Z \ w ❑ O \ 2 ~ wn \ F w LL § m \ HE w o �.E oz \ ZU1U 7�> \ Off~ Faw z \ ¢ J Z W F i w❑ ¢ O Q¢ w s o \ J ,`t-6 LL LL I w U¢ w w' z O \ w � J Z - Z�u�S a� U ¢ Hi' I Z¢ JZrt,Z LUOQ I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. BRUCE P. RADUE, P.E. DATE License number 7438 My license renewal date is December 31. 2017 Pages or sheets covered by this seal: aQy''-D NaFR'; c M m =(N/I� w , j p a0= Z��O O�❑a Qo OZ W Kh o z >�fq \\\\\\\\\ i o a - o rDr3 0000 �- REMOVE EXISTING AND EXCESS TOPSOIL AND STOCKPILE OFF SITE RESPREAD TOPSOIL WITH MINIMUM OF 41NCHES 0 0 I 0 Page 29 of 311 J May 10, 2017 Noel Anderson, Community Planning Director City of Waterloo Mr. Anderson, This letter is offered in conjunction with the attached Offer to Purchase the portion of the excess San Marnan right-of-way behind the Allen Digest Health facility at 121-129 East Tower Park Drive. The market value listed for the 4,000 square foot parcel is $20,000 in the appraisal by Rally Appraisal. The parcel is encumbered by an easement for overhead electrical and communication lines, as well as an easement for underground electrical, so it decreases the price by 50% (per City section 2. Offer Price, Deductions). Further, the price may be decreased by the amount of surveying & misc (per City section 2. Offer Price, Deductions). Rally Appraisal Value $20,000 Reduction due to Easements (50%) -$10,000 Reduction due to taxes collected (5 yrs) -$3,372* Reduction due to surveying/engineering -$8,000 Offer Price $1.00 Please consider this offer to purchase the 4,000 square foot parcel adjacent to the rear of the Allen Digestive Health Center. Sincerely, Dr. Ravi Mallavarapu P and H, LLC V *Tax collected is based on per -square -foot comparison to taxes on vacated R.O.W. adjacent to Dollar Tree. Page 30of311 engineering — surveying February 1, 2016 Mr. Jeff Oltman InVision Architecture Sycamore Street #101 PO Box 1800 Waterloo, Iowa 50704 VJ Engineering 1501 Technology Pkwy, Suite 100 Cedar Fails, Iowa 50613 ph: (319) 266-5829 fax: (319) 266-5160 Re: Allen Digestive Health Site Tower Park Dear Jeff: We appreciate the opportunity to provide this surveying and engineering services proposal for the topographic survey, civil site plan, San Marnan right-of-way vacation, and a Storm Water Pollution Prevention Plan (SWPPP) for the proposed north side parking area expansion, and associated paving modifications on the Allen Digestive Health site. VJ Engineering offers to provide the following services upon our receipt of a signed agreement: Topographic and Utilities Survey, Existing Parking Location Services 1. Provide a topographic survey of portions of property as part of the parking lot expansion project. The topographic survey will locate the existing parking and drive areas, all visible or marked utilities, including light poles, power poles, water valves and hydrants, storm intakes and manholes, sanitary manholes, gas, electric, and communication. The topographic survey will also determine existing ditch elevations and surface contours (1 -foot contour interval). The topographic survey of the existing parking and drive areas will precisely locate existing pavement corners and elevations as needed for future parking lot design and connection to existing drives, 2. Provide a CAD site drawing showing the existing parking lot location and elevations, existing light poles, power poles, existing water valves, hydrants, and mains, existing sanitary manholes and mains, existing storm sewer intakes, manholes and lines, other underground utilities such as electric, telephone, cable, and fiber optic communication, and existing San Marnan ditch and backslope in the area of proposed parking lot expansion. Page 31 of 311 Civil Design Services 1. Provided a preliminary site layout showing the existing parking area and drive, utilizing existing Tight poles as constructed. 2. Provide a utility drawing showing the existing utilities with the San Marnan right-of- way ight-ofway and relation to the proposed parking area. Includes relocation adjustment recommendations for any conflicting existing utilities, if required. 3. Provide a final site layout showing proposed parking area, existing access drive, and under -parking -area utilities to remain in place, if any. 4. Prepare a grading plan, showing existing and proposed finished grades for new parking lot area and existing drive. 5. Provide post -construction design calculations and existing facility design capacity to the City of Waterloo for their review and approval. 6. Prepare Storm Water Pollution Prevention Plan and submit to the City of Waterloo for their approval. 7. Attend a maximum of 2 local site/office meetings with you and your client's staff for discussion. 8. Prepare final design plans for construction after issues are discussed and resolved. 9. Submit final design plans to the City of Waterloo for their review and approval. 10. Make revisions per the City of Waterloo comments. San Marnan Right-of-way Survey and Vacation Services 1 Provide a survey of the right-of-way of that portion of W. San Marnan Avenue adjacent to the parking lot expansion project. The right-of-way survey will locate existing right-of-way limits in order to prepare vacation exhibits as needed to allow for parking lot expansion. 2. Prepare vacation exhibit showing the existing right-of-way and proposed right-of-way vacation parcel with legal description. Submit to City of Waterloo for review. 3. Communicate with City regarding right-of-way vacation, appraisal exhibit to City for use in appraisal process. 4. Set property corners and file vacation plat(s) upon completion of vacation. VJ Engineering proposes to provide the above mentioned topographic survey, civil design, and right-of-way vacation services for a lump sum fee of $8,000. Any changes made after final design has been started may result in additional fees based on the attached fee schedule, The above prices, fees, and services do not include easements, storm detention modifications, landscaping plan, parking lot lighting plan, material testing or soil borings, NPDES inspection services or NPDES advertising and any permit fees. Any services not listed as included or excluded are to be considered excluded from this proposal. If this proposal is acceptable, we will begin work after executing a contract with InVision Architecture. If you have any questions feel free to contact our office. Page 32 of 311 We are looking forward to working with you on this project. Sincerely, Wendell Lupkes, L.S. Cedar Falls Office Manager Page 33of311 VJ Engineering AR Client Details by Project with Payments Detail 2570 Holiday Road suite 10 Coralville, IA 52241 Tel: 319-338-4939 Printed on: 6/14/2017 Page 1 of 1 Filters Used: - Transaction Project ID: 16-8005 InVision - Allen Digestive Health: to 16-8005 InVision - Allen Digestive Health: InVision Architects - In Vision Architects Invoice Date Pay Date Invoice Number Billed Paid Pay Method Retainer Applied 16-8005 InVision - Allen Digestive Health: - 16-8005 /nVrsion - Allen Digestive Health 2/29/2016 6617678 $2,000.00 5/4/2016 6617678 $2,000.00 Check $0.00 3/24/2016 6617733 $3,200,00 6/15/2016 E617733 $3,200.00 Check $0.00 4/25/2016 6617807 $2,000.00 6/15/2016 6617807 $2,000.00 Check $0.00 5/5/2016 6617853 $200.00 6/15/2016 6617353 $200.00. Check $0.00 11/15/2016 6618398 $440.00 4/26/2017 6618398 -LF $29.70 5/8/2017 6618805 $285.00 5/25/2017 6618864 $270.00 6/1/2017 6618398-LF1 $6.60 16-8005 InVision - Allen Digestive Health: Total: $8,431.30 $7,400.00 $0.00 16-8005lnVision - Allen Digestive Health: Balance Due: $ 1,031,30 InVision Architect, Total: $8,431.30 $7,400.00 50.00 InVision Architects Balance Due: $ 1,031.30 BiIIQuick Stanch -lid Report Copynght © 2017 BQE Software, Inc. Page 34of311 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 0 Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Ravi Mallavarapu 2709 Country Meadow Lane Applicant: P and H, LLC Address: Cedar Falls, Iowa 50613 Phone No.: 319-234-5990 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 20 feet of E. San Marnan Drive excess right-of-way adjacent to the North property line of Lot 3 and the West 72.29 feet of Lot 2, Anderson's Third Addition, Waterloo, Black Hawk County, Iowa Legal description of area to be conveyed, vacated, or encroached: See Attached 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filing Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2. Offer Price*[Nate: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price -- Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: Easement for Existing Utilities over, across, and upon entire property to be vacated. 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the 41(ilie request. Applicant D *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 35of311 Right -of -Way Vacate — 121-129 E. Tower Park Drive Looking east along East San Marnan Drive at the area requested to be vacated. Looking at the large overhead electrical line that is located within the area to be vacated. It will be necessary to retain an easement over the area. Looking west along East San Marnan Drive at the area requested to be vacated. Page 36of311 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 17, 2017 for the sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC with a Development Agreement, and instruct City Clerk to publish said notice. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Anderson, Noel Even, LeAnn ATTACHMENTS: Description D Convention Center DA SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo D ate 6/21/2017 - 4:46 PM 6/21/2017 - 6:09 PM Resolution setting date of public hearing as July 17, 2017 for the sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC with a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City of Waterloo is working to enter into two development agreements: 1) for the renovation of the Ramada Hotel 2) for the sale and renovation of the Convention Center With a new taxable value of $5.0 million, with City grants totaling $1,050,000 towards the renovations, 10 years of tax rebates at 50%. The two agreements work to bring forth the entire renovation of the two structures as a whole, increasing the taxable value of the two from —$3.5 million to $17 million. The agreements work to solidify the continued use of the convention center as a convention center into the future, work to keep a 4 star hotel in place, and improved and efficient operations, scheduling, service, food, as well as added employment of 100 employees. The City has met with the developers for months now to properly go over criteria of their past projects, their plans for the hotel and convention center, and the continuing partnership and communication with City staff, local businesses, the Convention and Visitors Bureau, to push for success of both facilities. $1,050,000 Bonds as identified in the Capital Improvements Program Page 37 of 311 Policy Issue: Economic Development. Meeting Stategic Goals 1, 3, and 4, with new jobs, new tax base, new image improvements of Waterloo. Alternative: Not approve Background Information: Legal Descriptions: The City of Waterloo has continued to look for developers interested in the renovations needed for the Convention Center, and renovations needed to bring more hotel rooms near said center. ORIGINAL PLAT WATERLOO WEST BLOCK 7 ELWELLS SUBDIVISION WATERLOO LOTS 1 THRU 6 INC EXC STREET ROW Page 38of311 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017, by and between LK Waterloo, LLC, a Wyoming limited liability company (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 undertake acquisition and rehabilitation of an existing convention center property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Subject to the terms and conditions of this Agreement, City will convey to Company for the sum of $1.00 the real property described on Exhibit "A" attached hereto ("Property"), located at 200 W. 4th Street and consisting of assessor parcel no. 8913-26-231-002. Company will undertake the Project (defined below) upon the Property. Included with the Property at no additional cost will be all personal property and fixtures (collectively, the "FFE") located therein or thereon that belong to City, and the skywalk that connects the Convention Center (defined below) with the hotel located at 205 W. 4th Street, including structures supporting the skywalk. Company agrees to take the Property, all FFE, and the skywalk and supporting structures in their "as is, where is" condition, subject to all faults. Company further agrees that City has not made and does not hereby make any representation or warranty concerning the Property, FFE, or the skywalk and supporting structures as to their condition, operability, merchantability, fitness for any particular use, or otherwise, and Company hereby disclaims any and all such warranties. Page 39of311 2. Improvements by Company. Company shall upgrade and renovate the lobby, meeting rooms and other facilities (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $6,000,000. A list of intended Improvements is attached hereto as Exhibit "B". 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. The Property, the Improvements, and all development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Company shall commence Improvements within six (6) months after the date of this Agreement or after taking ownership of the Property, whichever occurs last, and shall substantially complete the Project within eighteen (18) months thereafter. Commencement of Improvements for purposes of this Agreement shall mean the delivery of plans to the City for the referenced renovations. The City agrees to provide expedited review of all matters submitted for approval and to coordinate responses so as to complete any reviews and/or administrative approval within the most expeditious time frame available using commercially reasonable efforts. 3. City Commitments in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 10 below. B. Economic development grants. City will make an economic development grant to Company in the amount of $700,000, payable within sixty (60) days after plans for exterior improvements have been approved by the downtown design/build management team (DBMT) and Waterloo Building Official. City will make a further economic development grant to Company in the amount of $350,000, payable within sixty (60) days after completion of final permit inspections relating to interior Improvements. C. Parking. The parties agree to enter into a separate agreement for use of up to 200 non -reserved spaces in the connected parking ramps by patrons of the Waterloo Convention Center (the "Convention Center") and the associated hotel (the "Hotel"). Because both facilities will be under management by Company, no particular number of spaces is allocated herein between the facilities. Company may choose to validate parking for authorized patrons, at rates to be determined by City policy. D. Dedicated Support. City agrees that for a period of ten (10) years after it deeds the Property to Company, City will not promote, provide incentives for, or otherwise assist in the development or utilization of any convention center or events center in Black Hawk County, Iowa that contains more than 10,000 square feet of rentable space, nor will City assist or encourage any other person or entity to do so. 4. Conveyance; Title. Conveyance shall be by special warranty deed (the "Deed"), free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate 2 Page 40 of 311 real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. The parties will schedule a closing to occur as promptly as possible following completion of the hearings, procedures and approvals that City is required to complete pursuant to Section 17. No less than 30 days before closing, City shall provide to Company any abstracts of title for the Property in its possession, updated to a date within 60 days before closing. Company may, at its own expense, obtain whatever additional form of title evidence it desires. City shall make every reasonable effort to promptly perfect title. If closing is delayed due to City's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Company when the Purchase Price is paid in full. 5. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Company must tender plans for a building permit within six (6) months after the date this Agreement is approved by City (the "Project Start Date") and substantially complete renovations within eighteen (18) months of the date building permits are issued (the "Project Completion Date"). If Company has not, in good faith, begun work on the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if work has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for work on the Improvements, and if an extension is granted but the work has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If work has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that the Improvement work is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if work is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 6. Dedicated Property Use; Possibility of Reverter. The parties acknowledge that the Property is used principally as a convention center and events 3 Page41 of 311 facility (the "Dedicated Uses"). Company agrees that the Property will continue to be used principally for such purposes until City gives its written consent to an alternate principal use. If Company permits the Property to be used principally for any purpose other than the Dedicated Uses, then title to the Property shall revert to the City. The parties agree that the Deed shall include a statement of the Dedicated Uses and the possibility of reverter. 7. Reverter of Title; City as Attorney -in -Fact; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements or any replacement financing for same. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "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 aggregate amount of $5,000,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; 4 Page 42of311 (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "C" at closing. 10. Property 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 9, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 50% rebate for each of Years One through Ten, inclusive, for any taxable value over the January 1, 2018 value of $2,500,000, subject to adjustment as provided in this Section based on evaluation by the performance review board provided for in Section 14. If the board's scoring system at any time yields an aggregate score of less than six (6), Company's eligibility for a full rebate shall be placed on probationary status and the rebate payable in the succeeding year will be adjusted down to a 25% rebate if the aggregate score in the succeeding year is not at least six (6). Each year will be separately evaluated using the foregoing methodology. 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, otherwise Company will forfeit its right to a rebate for that year in the City's discretion. 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. 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 in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements 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. 11. Job Creation. Company agrees that it will hire no fewer than 100 employees to provide an adequate staffing level for operation of the Hotel and Convention Center to a standard of quality established by an oversight board more fully described in Section 14 hereof. The employees hired hereunder to meet the requirements include the employees hired pursuant to Section 6 of the Development 5 Page 43 of 311 Agreement of even date herewith as to the Hotel adjacent to the Property. Company shall be free to assign or allocate its personnel between the facilities as it deems best for optimal operation of the two facilities, consistent with the quality standards referenced above. During each year that a tax rebate is payable hereunder, Company shall, within thirty (30) days after the close of City's fiscal year, provide a written report to City showing the number of full-time (30 or more hours per week) and part-time employees that Company has on its payroll as of the last calendar day of each month during the reporting period. 12. Insurance. Until City has, following completion of the Improvements, released its rights for reverter of title as provided in Section 5, Company agrees to keep in force one or more policies of insurance covering the Property and FFE against loss or damage, in an amount not less than the Minimum Actual Value. Such policy or policies shall name City as an additional insured and provide for at least a 30 -day notice of cancellation to City. Company shall provide proof of insurance to City at each policy renewal. 13. Improvement Plan and Escrow. The parties acknowledge that the Convention Center is a 40 -year-old facility that is likely to require significant periodic maintenance, renovation, and upgrade. Accordingly, Company agrees to maintain a segregated escrow account into which Company will deposit, during each calendar year or within thirty (30) days after the close of each calendar year, an amount equal to three percent (3%) of the Convention Center's operating revenues for such calendar year, but not less than $75,000. Company's first contribution to the account shall be after the second year that it operates the Convention Center. For purposes of this section, "operating revenues" means the total amount received from third parties by Company or any other person or entity operating the Convention Center on behalf of Company, directly or indirectly arising out of or connected with the Convention Center, including but not limited to transactions for cash, credit and credit card sales, less applicable sales taxes. Company may utilize funds from the escrow account to defray the cost of capital upgrades and improvements to the Convention Center. By having such a fund, the parties express no expectation that it will be the sole source of funds for such upgrades or improvement costs. Company shall develop and periodically update (not less than annually) a facility improvement plan to address foreseeable needs for Convention Center maintenance or upgrades, desired improvements, and contingencies. The plan shall be provided to the performance review board described in Section 14 after each update, and Company shall consider input from said board. 14. Review Board. The parties agree to formation of a performance review board for the Convention Center (the "Board"). The Board shall consist of at least five members, including one City staff member appointed by the mayor, the Executive Director or other designee of the Waterloo Convention & Visitors Bureau, the Executive Director or other designee of Main Street Waterloo, one representative of Company, and one representative from a company in the community that is designated by the mayor because of the company's high utilization of the Convention Center. Each organization that contributes a Board member may replace its appointed member at any time in its discretion. The Board will meet at least semi-annually to evaluate the 6 Page 44 of 311 use, operation and condition of the Convention Center and to assess the extent to which the Convention Center has been utilized to positively impact the local economy, to enhance the business climate of Waterloo, and to enhance the quality of life for Waterloo residents and area visitors by providing a high-quality venue and user experience for meetings, conventions, banquets, and other community gatherings and events. Evaluation criteria shall include user attendance and the service satisfaction metrics described in Exhibit "D" attached hereto. At least annually, the Board will rate the evaluation criteria as set forth in Exhibit "D" to encourage continuous improvement and to provide an incentive to Company for payment of full rebates as provided in Section 10. 15. Restrictions on Transfer; Purchase Rights. Company may not sell, convey, give, or otherwise transfer title to the Property to any third party without the prior written consent of City, except to a successor by merger or consolidation, which consent shall not be unreasonably withheld if such third party has demonstrated experience of no less than ten (10) years in profitably operating one or more facilities of similar size and agrees to assume all obligations of Company hereunder. If Company is in receipt of a bona -fide purchase offer from a party that is unrelated to Company by common ownership or control, and if the terms of the offer are acceptable to Company, then Company shall promptly deliver a full and true copy of same to City. For a period of sixty (60) days after receipt of the offer, City shall have a right of first refusal to purchase the Property for the same price as stated in the offer, which City may exercise by delivery of written notice to Company. At closing, City shall be given credit against the purchase price as set forth below: (i) If the City exercises its purchase right on or before December 31, 2023, the credit will equal the sum of (a) the assessed value of the Property at the time of conveyance to Company pursuant to Section 4 above, namely, $2,500,000, and (b) the economic development grant paid to Company pursuant to Section 3.B above. (ii) If City exercises its purchase right from January 1, 2024 until and including December 31, 2028, the credit will be the assessed value of the Property at the time of conveyance to Company pursuant to Section 4 above. (iii) If City exercises its purchase right after December 31, 2028, the credit will be $250,000. In any event where City exercises a right of purchase, the closing shall occur within an additional forty-five (45) days after delivery of written notice of exercise, and Company shall provide to City an updated abstract of title for the Property and convey title at closing by general warranty deed. 16. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo 7 Page 45 of 311 and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. 17. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. 18. 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. 19. 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. D. Company may operate the Convention Center through a separate company affiliated with Company by common ownership and/or control, but 8 Page 46 of 311 Company will be responsible to ensure that Company or its operating affiliate perform all of the terms of this Agreement that are Company's duty to perform. 20. 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 and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City shall provide written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, 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. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1402 S. 13th Street, Omaha, NE 68108, Attn: Edwin W. Leslie. With a copy to: Matthew R. Berens, Berens Blonstein PLC, 7033 East Greenway Parkway, Suite 210, Scottsdale, AZ 85254. 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, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 22. 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. 23. 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. 9 Page 47of311 24. 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. 25. 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. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. 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. 28. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "D", 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. 29. 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 LK WATERLOO, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 10 Edwin W. Leslie, Managing Member of Leslie Hospitality Consulting, LLC, its Manager Page 48 of 311 PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Edwin W. Leslie 11 Page 49 of 311 EXHIBIT "A" Legal Description of Property Block 7, Original Plat on the West Side of the Cedar River, City of Waterloo, Iowa, and Lots 1 through 6 of Elwell's Subdivision, city of Waterloo, Iowa, including all alleys but excepting street right of way. Page 50of311 EXHIBIT "B" Description of Improvements See attached. Page 51 of 311 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"), LK Waterloo, LLC ("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 Downtown Waterloo Urban Renewal and Redevelopment 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 Developer, 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 $5,000,000 ("Minimum Actual Value") until termination of this Agreement. The parties agree for purposes of this Agreement that construction of the Improvements will be substantially completed on or before December 31, 2019. 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, 2034. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by Page 52 of 311 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein 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. CITY OF WATERLOO, IOWA LK WATERLOO, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Edwin W. Leslie, Managing Member of Leslie Hospitality Consulting, LLC, its Manager 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 2 Page 53of311 STATE OF ) ) ss. COUNTY OF ) Acknowledged before me on , 2017 by Edwin W. Leslie as Managing Member of Leslie Hospitality Consulting, LLC, Manager of LK Waterloo, LLC. Notary Public 3 Page 54of311 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Five Million Dollars ($5,000,000). 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 55of311 EXHIBIT "D" Criteria to Evaluate Service Satisfaction The annual performance review will be conducted by weighing Company's performance each fiscal year (July 1 to next June 30) against quantitative and qualitative goals mutually established by the Performance Review Board in the categories of (1) attendance and (2) service satisfaction. The definition of each category is as follows: (1) "Attendance" is the total number of persons attending events at the Facility in a fiscal year, determined by recording the attendance at each usage and adding up the total attendance for all usages for the year. For attendance figures to be counted in this calculation, an event must be a contracted event, for which a contract has been completed. Casual attendance resulting from such day-to-day activities such as facility tours shall not be counted as attendance. Attendance will be compared to targets previously set by the Board and scored accordingly on the scale described below. VAGUE AND NEEDS DEFINITION (2) "Service Satisfaction" is the level of satisfaction set annually by the Performance Review Board, rating Company's performance in meeting the overall goals of the Board. The Board will consider each of the following sub -categories, giving consideration to the criteria set forth for each sub -category and other relevant and related considerations: WHO DETERMINES WHAT IS TIMELY, ETC ?? Cleanliness — Are the building and grounds consistently in a high state of cleanliness? Is cleaning done beyond a surface level? Company shall have a manual that outlines cleaning procedures, schedules and standards applicable to the facility. Company will provide committee with a copy of the manual as well as documentation of cleaning. Event Execution — Do set-up and tear -down happen in a timely fashion? Is the audio-visual equipment prepared appropriately for the event? Are the details and expectations that are set out in the banquet event order matched? The committee will review all customer surveys that Company receives. Customer Service — Have Company and staff performed all duties in a professional productive manner with the aim of ensuring a successful event and experience for the client, ensured that client needs are met and operational policies and procedures followed, and been responsive to requests by customers and prospective customers to view the facility and to address inquiries satisfactorily and in a timely manner? Food and beverage service — Is food served at the appropriate temperature? Are guests being served the correct food? Does the quantity of food match Page 56of311 what was ordered by the customer? Are food and beverage served in a timely (standard) ? fashion? Does the setup of food service adequately provide guests an opportunity to serve themselves (banquet setup)? Are there enough beverages available to guests? Are dirty plates, glasses, silverware cleared at the appropriate time? Maintenance — Are all facility features, systems and mechanicals in good working order and, if appropriate, of a presentable appearance? Reports and communications — Has Company made regular reports (monthly, unless otherwise noted) to the Board with attendance figures, property and equipment maintenance, facility cleaning and post -event customer surveys? Sales and marketing — Has Company worked with the Convention & Visitors Bureau to ensure that the facility event calendar is kept up-to-date, and met regularly with Convention & Visitors Bureau sales team? Compliance (Legal and Audit) — Has Company maintained all appropriate permits and insurance and ensured that staff has appropriate training? Have Company and its staff complied with all applicable local, state and federal laws? Under this plan, each Board member would complete a score card at the end of each fiscal year for which a property tax rebate may be payable. For each evaluation category, one of the following scores would be assigned: (PREFER A SCORE CARD SUBMITTTED BY MEETING PLANNERS) 0 — Fails to meet expectations 1 — Sometimes meets expectations 2 — Consistently meets expectations 3 — Meets and sometimes exceeds expectations 4 — Consistently exceeds expectations Each sub -category under "service satisfaction" will be separately scored, and then the scores will be totaled, averaged and rounded to the nearest tenth of a point to determine a score for the service satisfaction category as a whole. The overall score on all evaluation criteria shall be the sum of (a) the attendance category score and (b) the service satisfaction category score times two. Aggregate scores for the two major categories falling below six (6) for more than one consecutive year would lead to Company being placed on probation for the next year for tax rebate purposes. Operator will be required to provide plans for specific corrective measures. Failure to bring scores to six (6) or above by the end of the probationary period may result in downward adjustment of the tax rebate as provided in the Development Agreement. The scoring system and expectations for scores will be reviewed annually by the Performance Review Board and modified as deemed appropriate by a majority of all members of the Board. DISUPTE RESOLUTION AND WHAT IF BOARD 2 Page 57 of 311 DOESN'T AGREE [NEED SUMMARY ARBITRATION RULES FOR BINDING RESOLUTION] 3 Page 58of311 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date ofbid opening as July 13, 2017, and date ofpublic hearing as July 17, 2017, for the FY 2018 Ash Street Drainage Improvements, Contract No. 936, and instruct City Clerk to publish said notice. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 6/21/2017 - 10:34 AM Clerk Office Higby, Nancy Approved 6/21/2017 - 11:27 AM SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date ofbid opening as July 13, 2017, and date ofpublic hearing as July 17, 2017, for the FY 2018 Ash Street Drainage Improvements, Contract No. 936, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Plans prepared by the City Stormwater F ee Page 59of311 CITY OF WATERLOO Council Communication Request of the Cedar Valley Irish Fest Cultural Association to hold the llthAnnuallowa Irish Fest Event from August 4-6 2017, in and around Lincoln Park and surrounding streets including a 5K on August 5, 2017 from 6:30 a.m. to 10:15 a.m. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/20/2017 - 10:31 AM Clerk Office Higby, Nancy Approved 6/20/2017 - 4:11 PM ATTACHMENTS: Description Type ❑ Written request Cover Memo SUBJECT: Request of the Cedar Valley Irish Fest Cultural Association to hold the 111 Annual Iowa Irish Fest Event from August 4-6 2017, in and around Lincoln Park and surrounding streets including a 5K on August 5, 2017 from 6:30 a.m. to 10:15 a.m. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Summary Statement: Street Closures Include (see attached map) Park Avenue closed from Mulberry Street to Franklin starting Wednesday Aug 2nd at 7am thru Monday August 7th, 2:00 pm. Access to and from the Parking ramp will still be open. 4th Street from Franklin (Franklin NOT closed) to Lafayette starting on Thursday, August 3rd at 7am thru Sunday August 6th. Mulberry Street from 3rd St to 5th St starting Thursday Aug 3rd at 7am thru Sunday August 6th. Mulberry from Park Avenue to 3rd St will reopen Monday by 11:OOam Mulberry from E 4th Street to E 5th Street will reopen Monday by 11:OOam Page 60 of 311 May 24, 2017 City Clerk, City Hall, Mayor's Office 715 Mulberry Street Waterloo, Iowa 50703 City of Waterloo and please forward this letter on To Whom It May Concern. Since the time of the ancient Celts, the inhabitants and descendants of Ireland have gathered together in "great assemblies", today called fests, to celebrate their culture and show their pride in their Irish heritage. The Irish Culture has taken thousands of years to develop, so we need to cherish every moment of it. Being Irish goes well beyond shamrocks, leprechauns, St. Patrick, and blarney. The roots of Irish pride rests in the talented, hearty, compassionate, and deeply spiritual people. The fests provide the opportunity for those who share in that Irish pride to join in celebration. The Cedar Valley Irish Cultural Association is planning the Eleventh Annual Iowa Irish Fest for August 4th, August 5th, and August 6th, 2017. We would like the City's permission to use the following areas for the event: Lincoln Park Area From Tuesday August 1st through Tuesday, August 8th. Some items (tables, bleachers, and garbage cans) will be delivered on Monday and Tuesday, August 1st and 2nd. This will not cause any interruption of the parks normal use on these days. We will close Lincoln Park Friday morning August 5th at 8:OOam. We would also appreciate the City's continued assistance and cooperation with the following: - Assistance from Leisure Services to bring more picnic tables and bleachers to Lincoln Park. - Waterloo Police Department's assistance with a parade on Friday August 4th starting at 4:00 pm at West 4th Street/Cedar Street and continuing down 4th Street across the river to Lafayette St - Use of east side parking ramp and lots (On Friday, Saturday, and Sunday) - Noise ordinance wavier to allow music until 12 midnight on both August 4th and August 5th - Sign ordinance waiver to allow signage to be posted in and around the Lincoln Park area - Bag parking meters on Tuesday and Wednesday night so that street closures (described below) can begin at those times. - Assistance from the street department to bring weights to the Lincoln Park for stages and one tent. Page61 of 311 Close the following streets: - Park Avenue closed from Mulberry Street to Franklin starting Wednesday Aug 2nd at 7am thru Monday August 7th' 2:00 pm. Access to and from the Parking ramp will still be open. - 4th Street from Franklin (Franklin NOT closed) to Lafayette starting on Thursday, August 3rd at 7am thru Sunday August 6th. - Mulberry Street from 3rd St to 5th St starting Thursday Aug 3rd at 7am thru Sunday August 6th. - Mulberry from Park Avenue to 3rd St will reopen Monday by 11:OOam - Mulberry from E 4th Street to E 5th Street will reopen Monday by 11:OOam 5k -Saturday morning Aug 5th 2017 6:30am - 10:15 am On April 22, 2016 our 5K Chair Jessie Shipman met with Aaron McClelland and planned details for runners route, road closings and times. 6:30am Setup Close 5K route 9:00am Race Starts 10:00am Approximate time race ends 10:15am Approximate Time to open up streets, and remove the barricades once all runners have fin- ished the race The committee will be setting up to have approximately 25-30 volunteers for runner direction, handing out water, setting up barricades supplied by the city, and other race duties. We are hoping to have ap- proximately 700-750 runners/walkers. The route setup placing barricades will take place at 6:30 a.m.- 8:30am, race start at 9:00 a.m. and approximate finish would be 10:15 a.m. It is suggested that the full area could be closed to traffic from 7:00 to 10:15 a.m. for maximum safety of the participants. 5k -We would appreciate the City's assistance and cooperation with the following: - Dropping off barricades at marked street corners prior to 6:30am Saturday Aug 5th - Waterloo Police Department and Fire Department assistance as needed. - Waterloo Police Department's assistance with traffic control from 8:30-10:30am Sat Aug 5th We request to close the following streets (shown in red in the map) August 5th from 7:00-10:15am: - Park Ave from Mulberry St. to Commercial St. - E 4th St. from Lafayette to Jefferson St. - E 5th St. from Lafayette to Jefferson St. - Jefferson from 4th St. to 5th St. - Commercial from Park Ave to 5th St. - Cedar St. from Park Ave to 5th St. - Sycamore St. Park Ave to 5th St. - Lafayette St. from Park Ave to 5th St. Page 62of311 We have been starting the communication with those that do business on the streets we are asking to close and have made ourselves available into and through the Fest. As well as we have made contact with the Main Street, Police, Fire, Streets and Parks Department. Iowa Irish Fest now in its eleventh year of planning. Our top of the line entertainers are from all over the world helping bring more and more visitors to Downtown Waterloo and the Cedar Valley. An extra thank you in advance for your assistance with this great event! Sincerely, Chad Shipman Iowa Irish Fest Director 319-464-7355 shipmanchad@gmail.com Page 63 of 311 Fest Groundsijdii Grounds Map V A X el 4110101P, sioMPI. 45 0 Now.AalId 0 OjtlMnthijr. Inform:6ot) A u0d Coy polio , Mier Tan S Etc -worsts Zul• Lin] Euentt Cgrter F I mria. r.- wo ay twin . 110-1441 F cod Court 17.1 Irish Market ParkNig Concert Stage's r Pct -A- Potty. First Aid Fertiwal Grounds DOVIMITIOn Waterloo, Iowa V A f, 4th Sow. 41'1 0.1 Court 01111POT 010.064 01_1.1 it...ruin goknktlxiira V A PiltliaMIX -11-41-41 if one 14-ilv 4.401 M2=1cic ay Page 64 of 311 1:1414116114111"0'-- 5K 0' 5K Map Sf a Elks Club Waterloo POM office 5� aterloo Center for the Arts 'rr Ja meson's Public House `r!` reaming Eagle rican Bar & Grill`o` ti Dm Court . Russell Lamson 4- L'K L'4 Page 65 of 311 CITY OF WATERLOO Council Communication Request from Main Street Waterloo to hold the Mayor's Independence Day Festival on Saturday, July 1st from 6 PM to 11 PM to include alcohol sales at the Riverloop Amphitheater including the closure of the Park Ave bridge and Cedar Street near the amphitheater. City Council Meeting: 6/26/2017 Prepared: 6/23/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 6/23/2017 - 10:44 AM Clerk Office Felchle, Kelley Approved 6/23/2017 - 11:26 AM SUBJECT: Request from Main Street Waterloo to hold the Mayor's Independence Day Festival on Saturday, July 1st from 6 PM to 11 PM to include alcohol sales at the Riverloop Amphitheater including the closure of the Park Ave bridge and Cedar Street near the amphitheater. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Recommended Action: Approve Request Expenditure Required: Cost of providing barricades and public safety needs. Source of Funds: General Policy Issue: None Background Information: 1st Annual event, however we have held fireworks at this location before without incident. Page 66 of 311 CITY OF WATERLOO Council Communication Request by Faith Temple Baptist Church ABCUSA & LINC for a Variance to the Noise Ordinance on July 8, 2017 from 8:30 a.m. to 12:00 p.m. for a Community Wide Zumabathon, to be held at Ferguson Field Park in Waterloo, including a PA system. City Council Meeting: 6/26/2017 Prepared: 6/22/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 6/22/2017 - 12:51 PM SUBJECT: Request by Faith Temple Baptist Church ABCUSA & LINC for a Variance to the Noise Ordinance on July 8, 2017 from 8:30 a.m. to 12:00 p.m. for a Community Wide Zumabathon, to be held at Ferguson Field Park in Waterloo, including a PA system. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 67of311 CITY OF WATERLOO Council Communication Request of Crossroads Community Church of the Nazarene for a variance to the Noise Ordinance on August 26, 2017 from 10:30 a.m. to 3:30 p.m. in conjunction with a Community Block Party event to be held in the parking lot of 3622 Hammond Avenue, with the use of a PA system. City Council Meeting: 6/26/2017 Prepared: 6/22/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 6/22/2017 - 12:54 PM SUBJECT: Request of Crossroads Community Church of the Nazarene for a variance to the Noise Ordinance on August 26, 2017 from 10:30 a.m. to 3:30 p.m. in conjunction with a Community Block Party event to be held in the parking lot of 3622 Hammond Avenue, with the use of a PA system. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 68 of 311 CITY OF WATERLOO Council Communication Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $55,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with Main Street. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/22/2017 - 9:29 PM Clerk Office Felchle, Kelley Approved 6/23/2017 - 10:08 AM ATTACHMENTS: Description Type D Counci Comm Downtown Annual Exp FYE17 Cover Memo D Downtown Annual Exp FYE17 Cover Memo Resolution approving the use of Downtown Urban Renewal Area Tax SUBJECT: Increment Financing funds in an amount not to exceed $55,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with Main Street. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Downtown Tax Increment Financing funds in an amount not to exceed $55,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with Main Street. Expenditure Required: Not to exceed $55,000. Source of Funds: Tax increment in the Downtown Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 69 of 311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 22, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Downtown Urban Renewal Area Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $55,000 for the year ended June 30, 2017 to finance administrative expenses and the contract with Main Street. Summary Statement: Expenditure Required: Not to exceed $55,000 Source of Funds: Tax Increment in Downtown Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. Ye WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 70of311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized an agreement with Main Street Waterloo to provide services in the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $55,000 for the fiscal year ending June 30, 2017, including administrative expenses. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5085 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $55,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and shall Page 71 of 311 be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk Mayor Page 72 of 311 CIG -3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 73of311 CITY OF WATERLOO Council Communication Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2017 to finance administrative expenses. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Finance Clerk Office Reviewer Weidner, Michelle Felchle, Kelley ATTACHMENTS: Description ❑ Council Comm Martin Road Ann Exp FYE17 ❑ Martin Road Ann Exp FYE17 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Action Approved Approved Type Cover Memo Cover Memo D ate 6/22/2017 - 9:29 P M 6/23/2017 - 10:09 AM Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2017 to finance administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of Martin Road Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2017 to finance administrative expenses. Not to exceed $15,000. Tax increment in the Martin Road Urban Renewal Area. The City could use general city funds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 74of311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 22, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Financing funds for development in the Martin Road Urban Renewal Area. Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Martin Road Tax Increment Financing funds in an amount not to exceed $15,000 for the year ended June 30, 2017 to finance administrative expenses for economic development of the Martin Road Urban Renewal Area. Summary Statement: Expenditure Required: Not to exceed $15,000 Source of Funds: Tax Increment in Martin Rd Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 75of311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE MARTIN ROAD URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Martin Road Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the Martin Road Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the Martin Road Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $15,000 for the year ending June 30, 2017. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5249 there has been established the Martin Road Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Martin Road Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that amounts not to exceed $15,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and shall be repaid to -1- Page 76of311 the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 77 of 311 CIG -3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL City Clerk, Waterloo, Iowa Page 78of311 CITY OF WATERLOO Council Communication Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Affiance. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/22/2017 - 9:30 PM Clerk Office Felchle, Kelley Approved 6/23/2017 - 10:09 AM ATTACHMENTS: Description Type ❑ Council Comm ME Site Ann Exp FYE17 Cover Memo NE Site Ann Exp FYE17 Cover Memo Resolution approving the use of Northeast Industrial Site Urban Renewal SUBJECT: Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Affiance. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Northeast Industrial Site Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative exp ens es and the contract with the Greater Cedar Valley Affiance. Expenditure Required: Not to exceed $30,000. Source of Funds: Tax increment in the Northeast Industrial Site Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 79of311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 22, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Northeast Site Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ended June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Summary Statement: Expenditure Required: Not to exceed $30,000 Source of Funds: Tax Increment in NE Site Urban Renewal Area Policy Issue: N/A Alternative: Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the Northeast Industrial Site Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 80of311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE NORTHEAST INDUSTRIAL SITE URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Northeast Industrial Site Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the Northeast Site Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized an agreement with the Greater Cedar Valley Alliance to provide services in the Northeast Industrial Site Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $30,000 for the fiscal year ending June 30, 2017, including administrative expenses. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4688 there has been established the Northeast Industrial Site Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Northeast Industrial Site Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $30,000 be advanced from time to time from the General Fund in order to pay the costs of the Page 81 of 311 Project. The advance shall be treated as an internal loan from the General Fund and shall be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk Mayor CIG -3 Page 82 of 311 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 83of311 CITY OF WATERLOO Council Communication Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for the year ending June 30, 2017 to finance administrative expenses. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/22/2017 - 9:31 PM Clerk Office Felchle, Kelley Approved 6/23/2017 - 10:09 AM ATTACHMENTS: Description Type ❑ Council Comm Rath Ann Exp FYE17 Cover Memo ❑ Rath Ann Exp FYE17 Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for the year ending June 30, 2017 to finance administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of Rath Tax Increment Financing funds in an amount not to exceed $5,000 for the year ending June 30, 2017 to finance administrative expenses. Not to exceed $5,000. Tax increment in the Rath Urban Renewal Area. The City could use general city funds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 84of311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 22, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Financing funds for Development in the Rath Urban Renewal Area. Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Rath Tax Increment Financing funds in an amount not to exceed $5,000 for the year ended June 30, 2017 to finance administrative expenses for economic development of the Rath Urban Renewal Area. Summary Statement: Expenditure Required: Not to exceed $5,000 Source of Funds: Tax Increment in Rath Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 85of311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Rath Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the Rath Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the Rath Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $5,000 for the year ending June 30, 2017. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4949 there has been established the Rath Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Rath Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $5,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and shall 1 Page 86of311 be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 87 of 311 CIG -3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 88of311 CITY OF WATERLOO Council Communication Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Affiance. City Council Meeting: 6/26/2017 Prepared: 6/15/2016 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/22/2017 - 9:32 PM Clerk Office Felchle, Kelley Approved 6/23/2017 - 10:10 AM ATTACHMENTS: Description Type ❑ Council Comm San Marnan Ann Exp FYE17 Cover Memo D San Marnan Ann Exp FYE17 Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of San Marnan Tax Increment Financing funds in an amount not to exceed $30,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Affiance. Not to exceed $30,000. Tax increment in the San Marnan Urban Renewal Area. The City could use general city funds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 89of311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 22, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $30,000 for the year ended June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Summary Statement: Expenditure Required: Not to exceed $30,000 Source of Funds: Tax Increment in San Marnan Urban Renewal Area Policy Issue: None Alternative: Background Information:As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the San Marnan Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 90of311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE SAN MARNAN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the San Marnan Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the San Marnan Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized an agreement with the Greater Cedar Valley Alliance to provide services in the San Marnan Urban Renewal Area in addition to approving authorized administrative expenses for economic development purposes ; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $30,000 for the fiscal year ending June 30, 2017, including administrative expenses. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4956 there has been established the San Marnan Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the San Marnan Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $30,000 be advanced from time to time from the General Fund in order to pay the costs of the Page 91 of 311 Project. The advance shall be treated as an internal loan from the General Fund and shall be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk Mayor Page 92 of 311 CIG -3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 93of311 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Affiance. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Finance Clerk Office Reviewer Weidner, Michelle Felchle, Kelley Action Approved Approved ATTACHMENTS: Description D Council Comm East Wloo UnifiedAnn Exp FYE17 D East Wloo UnifiedAnn Exp FYE17 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Type Cover Memo Cover Memo D ate 6/22/2017 - 9:33 PM 6/23/2017 - 10:09 AM Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2017 to finance administrative expenses and the contract with the Greater Cedar Valley Affiance. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2017 to finance administrative exp ens es and the contract with the Greater Cedar Valley Affiance. Not to exceed $50,000. Tax increment in the East Waterloo Unified Urban Renewal Area. The City could use general city funds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 94of311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 22, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Financing funds for development in the East Waterloo Unified Urban Renewal Area. Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of East Waterloo Unified Tax Increment Financing funds in an amount not to exceed $50,000 for the year ended June 30, 2017 to finance marketing and administrative expenses for economic development for the East Waterloo Unified Urban Renewal Area. Summary Statement: Expenditure Required: Not to exceed $50,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 95of311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the East Waterloo Unified Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the East Waterloo Unified Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $50,000 for the year ending June 30, 2017. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4902 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that $50,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be -1- Page 96of311 treated as an internal loan from the General Fund and shall be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 97 of 311 CIG -3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL City Clerk, Waterloo, Iowa Page 98of311 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds (MidPort area) in an amount not to exceed $245,000 for the year ending June 30, 2017 for the release of property by the F ederal Aviation Administration for economic development. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/23/2017 - 5:14 PM Clerk Office Felchle, Kelley Approved 6/23/2017 - 5:18 PM ATTACHMENTS: Description Type D East Waterloo Unified FAA Property Release Cover Memo D Internal Advance East Wloo MidPort FAA Release Cover Memo Resolution approving the use of East Waterloo Unified Urban Renewal Area SUBJECT: Tax Increment Financing funds (MidPort area) in an amount not to exceed $245,000 for the release of property by the Federal Aviation Administration for economic development. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of East Waterloo Unified Tax Increment Financing funds (MidPort area) in an amount not to exceed $245,000 for the release of property by the Federal Aviation Administration for economic development. Expenditure Required: Not to exceed $245,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 99of311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 26, 2017 Prepared: June 23, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Financing funds for development in the East Waterloo Unified Urban Renewal Area. Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of East Waterloo Unified Tax Increment Financing funds in an amount not to exceed $245,000 for the release of property by the Federal Aviation Administration for economic development in the East Waterloo Unified Urban Renewal Area. Summary Statement: Expenditure Required: Not to exceed $245,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 100 of 311 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for the future development of the MidPort Business Park; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2013-173 adopted on March 4, 2013 authorized an agreement with AECOM Technical Services, Inc. for services relating to obtaining the FAA's authorization to release land located near the airport to the City for future development; and the Federal Aviation Administration has authorized the release of the property; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $245,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4902 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. 1 Page 101 of 311 Section 2. It is hereby directed that an amount not to exceed $245,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 102 of 311 CIG -3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 103 of 311 CITY OF WATERLOO Council Communication Resolution Authorizing F und Transfers. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Finance Weidner, Michelle Clerk Office Felchle, Kelley ATTACHMENTS: Description ❑ Transfer Resolution FYE17 Revised SUBJECT: Action Date Approved 6/23/2017 - 5:15 PM Approved 6/23/2017 - 5:17 PM Type Cover Memo Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM AMOUNT PURPOSE General Fund Trust & Agency $5,371,187.00 Employee benefits F and General F und Trust & Agency F and $630,987.04 Emergency levy Debt Service F and General F and $47,250.00 Five Sullivan Brothers Convention Center debt retirement Tax Increment Financing F and Debt Service Fund $3,395,803.14 TIF share of General Obligation principal and Interest Debt Service F and S ewer Fund $3,171,188.48 Sewer share of General Obligation principal and interest rS ewer Fund Debt Service Fund $806, 822.92 General F und Tax Increment Financing Fund Sewer portion of General Obligation bonds refunded in June 2017 $40,000.00 Reimburse General Fund for services provided by Main Street General F und Tax Increment Financing Fund $71,306.60 Reimburse General Fund for administrative expenses provided for TIF projects General F und Tax Increment Financing Fund $48,500.00 Reimburse General Fund for services provided by the Greater Cedar Valley Alliance C apital Projects Fund Tax Increment Financing Fund $54,967.28 San Marnantraffic lane reconfiguration C apital Projects Fund Tax Increment Financing Fund $1,410.00 San Marnan site certification services apital Projects Fund Tax Increment Financing Fund C apital Projects Fund Tax Increment Financing fund $418,199.50 North East Site sanitary sewer extension $455,963.88 North East Sitegrading project Page 104 of 311 Capital Tax Increment Projects Fund Financing Fund $105,173.91 East Waterloo Unified - MidPort Leversee area development project Capital Projects Fund Tax Increment Financing Fund $551,703.69 East Waterloo Unified - Wagner Road sanitary sewer extension and grading Capital Projects Fund Tax Increment Financing Fund $93,527.60 East Waterloo Unified MidPortBlvd. Extension Phase III Capital Projects Fund Tax Increment Financing Fund $3,000.00 East Waterloo Unified MidPort grant - writing services apital Improvements F and Tax Increment Financing Fund $209,600.00 East Waterloo Unified - MidPort FAA property release Capital Projects Fund Tax Increment Financing Fund $59,124.00 East Waterloo Unified - Logan property acquisition Capital Projects Fund Tax Increment Financing fund $50,000.00 East Waterloo Unified - Logan consulting services Capital Projects Fund Tax Increment Financing Fund $168,416.66 Downtown Single Speed project Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer 1 . Authorizing the transfer of $5,371,187.00 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. The tax levy for the fiscal year ending June 30, 2017 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected, and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Under state law, amounts received for the employee benefits levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. There is a printout of expenses that qualf to be paid by this levy available in my office for your review 2 . Authorizing the transfer of $623,318.10 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. Under state law, amounts received for the emergency levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. 3 . Authorizing the transfer of $47,250.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of debt payments made during FYE17 for the Five Sullivan Brothers Convention Center renovation. This transfer is made in accordance with Council's decision to repay the bonds issued June 2002 for renovations at the Convention Center with hotel/motel taxes. 4 . Authorizing the transfer of $3,395,803.14 from Fund 101, Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2017. Under state law, TIF revenue collected that is used to make debt service payments on general obligation bonds for TIF projects must be Page 105 of 311 Recommended Action: Policy Issue: received into the TIF fund and transferred to the debt service fund. 5 . Authorizing the transfer of $3,171,188.48 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2017. Under state law, sewer revenue collected that is used to make debt service payments on general obligation bonds for sewer projects must be received into the sewer fund and transferred to the debt service fund. 6. Authorizing the transfer of $806,822.92 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund for the sewer fund portion of the general obligation bond issue refunded in June 2017. 7 . Authorizing the transfer of $40,000 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for the contract with Main Street. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent 8 . Authorizing the transfer of $71,306.60 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010 to reimb urs e economic development administrative expenses paid by the General F und. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. 9 . Authorizing the transfer of $48,500.00 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimb urs e contract expenses paid by the General Fund for the Greater Cedar Valley Alliance contracts. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. 1 0 . Authorizing the transfer of $2,171,086.82 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for various projects in the TIF districts as outlined above. Under state law, TIF revenue collected that is used directly for TIF projects must be received into the TIF fund and transferred to the capital projects fund. These transfers are made to comply with state law and council's direction regarding sources of payment for various expenses. Page 106 of 311 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward I BRUCE JACOI3S Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND Al -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: June 26, 2017 June 15, 2017 • Number of Attachments: None SUBJECT: Year-end Transfer Resolutions Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend the adoption of the following resolutions to comply with state law: 1. Authorizing the transfer of $5,371,187.00 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. The tax levy for the fiscal year ending June 30, 2017 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected, and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Under state law, amounts received for the employee benefits levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. There is a printout of expenses that qualify to be paid by this levy available in my office for your review. 2. Authorizing the transfer of $630,987.04 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. Under state law, amounts received for the emergency levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. 3. Authorizing the transfer of $47,250.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of debt payments made during FYE17 for the Five Sullivan Brothers Convention Center renovation. This transfer is made in accordance with Council's decision to repay the bonds issued June 2002 for renovations at the Convention Center with hotel/motel taxes. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Aclion Employer Page 107 of 311 Transfer Resolutions Council Communication Page 2 4. Authorizing the transfer of $3,395,803.14 from Fund 101, Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2017. Under state law, TIF revenue collected that is used to make debt service payments on general obligation bonds for TIF projects must be received into the TIF fund and transferred to the debt service fund. 5. Authorizing the transfer of $3,171,188.48 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2017. Under state law, sewer revenue collected that is used to make debt service payments on general obligation bonds for sewer projects must be received into the sewer fund and transferred to the debt service fund. 6. Authorizing the transfer of $806,822.92 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund for the sewer fund portion of the general obligation bond issues refunded in June 2017. Under state law, sewer revenue collected that is used to make debt service payments for refunded bonds originally issued for sewer projects must be received into the sewer fund and transferred to the debt service fund. 7. Authorizing the transfer of $40,000 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for the contract with Main Street. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent 8. Authorizing the transfer of $71,306.60 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010 to reimburse economic development administrative expenses paid by the General Fund. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. 9. Authorizing the transfer of $48,500.00 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for the Greater Cedar Valley Alliance and UNI contracts. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. 10. Authorizing the transfer of $2,171,086.82 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for the following projects: Page 108 of 311 Transfer Resolutions Council Communication Page 3 a. San Marnan traffic lane reconfiguration b. San Marnan site certification services c. NE Site sanitary sewer extension d. NE Site grading project e. East Waterloo Unified Leversee area development f. East Waterloo Unified Midport Wagner Road sanitary sewer extension and grading g. East Waterloo Unified Midport Blvd. extension phase 111 h. East Waterloo Unified Midport grant -writing services i. East Waterloo Unified Midport FAA property release East Waterloo Unified Logan property acquisition k. East Waterloo Unified Urban Renewal Area Consulting services I. Downtown Single Speed project J. Total $ 54,967.28 1,410.00 418,199.50 455,963.88 105,173.91 551,703.69 93,527.80 3,000.00 209,600.00 59,124.00 50,000.00 168,416.66 $2,171.086.82 Under state law, TIF revenue collected that is used directly for TIF projects must be received into the TIF fund and transferred to the capital projects fund. Summary Statement: Expenditure Required: Source of Funds: See explanations provided above with each resolution. Various as noted above. Various as noted above. Policy Issue: These transfers are made to comply with state law and council's direction regarding sources of payment for various expenses. Alternative: None. Background Information: See above. Page 109 of 311 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit Renewal Applications City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Clerk Office Higby, Nancy Action Approved Cigarette/Tobacco Permit Renewal Applications D ate 6/21/2017 - 12:29 PM BAMBOO RIDGE CAMPGROUND 4550 HESS RD B&B EAST 1615 BISHOP AVE BJ'S SPORTS BAR AND BILLIARDS 110 IDA ST BP FUEL 127 JEFFERSON ST BROADWAY LIQUOR 821 BROADWAY ST CASEY'S GENERAL STORE #2427 3035 LOGAN AVE CASEY'S GENERAL STORE #2866 51 E. TOWER PARK DR CASEY'S GENERAL STORE #2867 2424 RANCHERO RD CASEY'S GENERAL STORE #2879 3260 UNIVERSITY AVE CASEY'S GENERAL STORE #2880 1604 LA PORTE RD CENTRAL IOWA VAPORS 2829 UNIVERSITY AVE CLUBPHIRE HOOKAH LOUNGE AND TOBACCO OUTLET 501 W 4TH ST CORK'S GROCERY 1956 LAFAYETTE ST DOLLAR GENERAL STORE #10073 3815 UNIVERSITY AVE DOLLAR GENERAL STORE #4698 2935 LOGAN AVE DOLLAR GENERAL STORE #7136 66 E. TOWER PARK DR DOLLAR GENERAL STORE #7162 820 W 5TH ST ELECTRIC UNDERGROUND 1205 E. SAN MARNAN DR. FAMILY DOLLAR #30944 2206 KIMBALL AVE FAMILY DOLLAR #21424 1120 FRANKLIN ST FAMILY DOLLAR #25600 611 BROADWAY ST FAREWAY #951 40 W. SAN MARNAN DR HY-VEE CONVENIENCE STORE #4 3700 UNIVERSITY AVE HY-VEE FOOD STORE #1 2834 ANSBOROUGH AVE HY-VEE FOOD STORE #2 2181 LOGAN AVE HY-VEE FOOD STORE #3 1422 FLAMMANG DR HY-VEE FOOD STORE #4 4000 UNIVERSITY AVE HY-VEE GAS #2 2221 LOGAN AVE HY-VEE GAS #3 1512 FLAMMANG DR Page 110 of 311 SUBJECT: HY-VEE WINE & SPIRITS #1 2126 KIMBALL AVE HOMETOWN FOODS 1010 E.MITCHELLE AVE INDEPENDENCE LIQUOR & FOOD 1761 INDEPENDENCE AVE JIM LIND SERVICE 230 EAST RIDGEWAY KINGS & QUEENS CLUB 304 W 4TH ST KWIK STAR #569 875 FISHER DR LIQUOR AND TABACCO OUTLET 2844 UNIVERSITY AVE NATIONAL CIGAR STORE 617 SYCAMORE ST NEW STAR 315 FLETCHER AVE NEW STAR ANSBOROUGH 1459 ANSBOROUGH AVE NEW STAR LIQUOR 1625 W 4TH ST PRIME MART #3 1008 LA PORTE RD PRIME MART #5 508 BROADWAY ST PRIME MART #7 1309 LAFAYETTE ST ROMANTIX ADULT EMPORIUM 1507 N LA PORTE RD SAC'S NEIGHBORHOOD PUB 2000 HAWTHORNE AVE SAM'S CLUB #6514 210 E. TOWER PARK DR SMITTY'S BAR 709 JEFFERSON SPEEDY MART 926 LINN ST SYCAMORE CONVENIENCE 619 SYCAMORE ST TEXAS STREET MART 4335 TEXAS ST WALGREENS #10855 1850 LOGAN AVE WALGREENS #3590 3910 UNIVERSITY AVE WALGREENS #7455 111 W. RIDGEWAY AVE WAL-MART #1496 1334 FLAMMANG DR WE GOT GLASS 2166 LAFYETTE ST WEST SIDE LIQUOR 919 W 5TH ST WISHBONE 201 S 18TH ST YESWAY #1022 1976 FRANKLIN ST YESWAY #1023 117 E SAN MARNAN DR Submitted by: Submitted By: Kelley Felchle, City Clerk Page 111 of 311 CITY OF WATERLOO Council Communication Fireworks Display at Park Avenue Bridge on July 1, 2017 beginning at 9:45 p.m. for approximately 12-15 minutes City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Fire Rescue Higby, Nancy Approved 6/21/2017 - 12:45 PM SUBJECT: Submitted by: Fireworks Display at Park Avenue Bridge on July 1, 2017 beginning at 9:45 p.m. for approximately 12-15 minutes Submitted By: Pat Treloar, Chief of Fire Services Page 112of311 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 6/26/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 6/21/2017 - 3:09 PM ATTACHMENTS: Description Type D Bonds for council approval 6.26.17 Cover Memo SUBJECT: Bonds Page 113 of 311 BONDS FOR COUNCIL APPROVAL June 26, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900392218 ANDREW SHOWALTER dba PLANETARY INVESTMENTS WATERLOO, IA IA5101716 LEROY HARRINGTON dba QUICK CONSTRUCTION COMPANY WATERLOO, IA 2258776 MURPHY TOWER SERVICE, LLC CARLISLE, IA 7900453199 ON POINT GRADING & EXCAVATION DENVER, IA Page 114 of 311 CITY OF WATERLOO Council Communication Adoption of the FY 2018-2022 Capital Improvements Program for the City of Waterloo. City Council Meeting: 6/26/2017 Prepared: 6/7/2017 REVIEWERS: Department Planning & Zoning Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved D ate 6/21/2017 - 11:18 AM 6/21/2017 - 11:46 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution adopting the FY 2018-2022 Capital Improvements Program. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is the Capital Improvements Program for FY 2018- 2022. The Capital Improvements Plan details the City of Waterloo's priority capital expenditures for a five year period. It is updated annually to re-establish top priority projects as needs may change in the community, but while staying cognizant of the larger, multi-year planning methods for larger projects, overall infrastructure needs and based on the growth of the community. The overall priority for the 2018-2022 plan is centered around the many city projects and needs, with an emphasis on water -related activities, flood protection, sewer improvements, drainage way improvements, etc. At their regular meeting on June 6, 2017, the Planning, Programming and Zoning Commission received an placed on file the Capital Improvements Program for 2018-2022. None N/A Long term and short term planning for improvements. N/A The City of Waterloo annually updates and adopts a Capital Improvements Page 115 of 311 Background Information: Plan for the updating of the five year plan. Legal Descriptions: N/A Page 116 of 311 CITY OF WATERLOO Council Communication Request by Prime RE, LLC for a Major Site Plan Amendment in the "S-1" Shopping Center District to allow for the construction of a 12,160 square foot retail commercial building and 71 stall parking lot, located north of 2060 Crossroads Boulevard. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Attachments - Prime RE, LLC SPA SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo D ate 6/21/2017 - 11:26 AM 6/21/2017 - 11:57 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by Prime RE, LLC for a Major Site Plan Amendment to allow for the construction of a 12,160 square foot retail commercial building and 71 stall parking lot located north of 2060 Crossroads Boulevard. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval The request would not appear to have a negative impact on the surrounding neighborhood or land use. Within the last few years, three new strip malls have been constructed and have not negatively impacted the surrounding area. The proposed retail center would be compatible with other commercial uses in the area. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Crossroads Boulevard, which is a 4 -lane roadway that is classified as a Local Street. East San Marnan Drive is to the northwest of the site in question and is classified as a Minor Arterial. There are not many sidewalks in the area, with the nearest sidewalk being located at the intersection of East San Marnan Drive and Sears Street. No direct access Page 117of311 Summary Statement: to the proposed development is shown to Crossroads Boulevard. The "S-1" Shopping Center District is intended to provide for the development of shopping centers, which a shopping center can mean a planned retail and service area often under single ownership management or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, parking accommodations, drainage, etc. The applicant is intending to construct a new 12,080 SF commercial building that will be divided up into five different units and a 71 stall parking lot, located adjacent to 2060 Crossroads Boulevard. The applicant has noted that Suite A will be an 80 seat fast/casual restaurant with a drive-thru, which requires 27 parking stalls, Suite B will be a 40 seat fast/casual restaurant with no drive-thru that requires 16 parking stalls and Suites C and D will be retail and 19 stalls are needed for those uses. The applicant most specifically mentioned that Suite D will be a furniture store, which would require nine spaces. Overall between all the uses, there is a need of 62 parking stalls and the site has 71 parking stalls. Areas used only for mechanical, warehouse, storage or other similar uses may be excluded when calculating parking requirements, which could make the required amount of parking stalls needed go down. At this time, staff does not have a floor plan on how the building will layout. The proposed building would be on Lot 4 of Crossroads Plat No. 11, which still needs to go before the City Council for final approval. In the staff report for Crossroads Plat No. 11, there is still a surplus of 725 parking stalls for the mall and staff does not have any concerns with parking in the general area. The proposed structure shows numerous materials being used on the outside, which range from a EIF S, brick, metal cornices and decorative wall lights. The proposed appearance and materials would appear to be compatible and acceptable with other development within the area. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Zoning and Land Use Alternative: N/A Background Information: This particular area is seeing renewed interest, with three new strip malls being constructed within as many years. Legal Descriptions: Crossroads Plat No. 11, Lot 4 Page 118 of 311 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING June 6, 2017 Request by Prime RE, LLC for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a 12,080 SF commercial building with a 71 -stall parking lot, located just to the north of 2060 Crossroads Boulevard. Prime RE, LLC, PO Box 203, Waterloo, IA 50704 The applicant is requesting to construct the new building to be used as a retail mini -mall near Crossroads Mall. The request would not appear to have a negative impact on the surrounding neighborhood or land use. Within the last few years, three new strip malls have been constructed and have not negatively impacted the surrounding area. The proposed retail center would be compatible with other commercial uses in the area. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Crossroads Boulevard, which is a 4 -lane roadway that is classified as a Local Street. East San Marnan Drive is to the northwest of the site in question and is classified as a Minor Arterial. There are not many sidewalks in the area, with the nearest sidewalk being located at the intersection of East San Marnan Drive and Sears Street. No direct access to the proposed development is shown to Crossroads Boulevard. There are no recreational trails located within the immediate vicinity of the site in question and there is a mix or sidewalk throughout the area. The potential exists for more pedestrian accommodations to be extended in this area as the surrounding area has seen considerable growth in single-family and multi -family residential in the last few years around the Crossroads area. The area in question is zoned "S-1" Shopping Center District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Existing commercial development, zoned "S-1 Shopping Center District. South — Existing commercial development, zoned "S-1 Shopping Center District. East — Existing commercial development, zoned "S-1 Shopping Center District. West — Existing commercial development, zoned "S-1 Shopping Center District. The area is comprised of commercial development that was constructed from 1969 to 2017. There is no buffering or screening required as a part of this request, however, the applicant will need to submit and execute an approved landscaping plan as part of the of the building permit 6_6_17 SPA S1 - 2060 Crossroad Blvd - 12160 SF bldg Page 1 of 3 Page 119 of f41 REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: June 6, 2017 process. If approved, the applicant will need to submit a storm water drainage and detention plan to the Engineering Department prior to issuance of any building permits. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0304F, dated July 18, 2011. There are no schools located within the nearby vicinity. There is a 8" sanitary sewer line located along the far side of Crossroads Boulevard, along with 4" drain tiles located on both sides of Crossroads Boulevard. There are 12" and 16" water mains in Crossroads Boulevard and there is a 12" feeder line just to the east of the site. The Future Land Use Map designates this area as Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Commercial uses can include retail uses, neighborhood commercial uses or professional office uses. The "S-1" Shopping Center District is intended to provide for the development of shopping centers, which a shopping center can mean a planned retail and service area often under single ownership management or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, parking accommodations, drainage, etc. The applicant is intending to construct a new 12,080 SF commercial building that will be divided up into five different units and a 71 stall parking lot, located adjacent to 2060 Crossroads Boulevard. The applicant has noted that Suite A will be an 80 seat fast/casual restaurant with a drive-thru, which requires 27 parking stalls, Suite B will be a 40 seat fast/casual restaurant with no drive- thru that requires 16 parking stalls and Suites C and D will be retail and 19 stalls are needed for those uses. The applicant most specifically mentioned that Suite D will be a furniture store, which would require nine spaces. Overall between all the uses, there is a need of 62 parking stalls and the site has 71 parking stalls. Areas used only for mechanical, warehouse, storage or other similar uses may be excluded when calculating parking requirements, which could make the required amount of parking stalls needed go down. At this time, staff does not have a floorplan on how the building will layout. The proposed building would be on Lot 4 of Crossroads Plat No. 11, which still needs to go before the City Council for final approval. In the staff report for Crossroads Plat No. 11, there is still a surplus of 725 parking stalls for the mall and staff does not have 6_6_17 SPA S1 - 2060 Crossroad Blvd - 12160 SF bldg Page 2 of 3 Page 120 of4t1 STAFF ANALYSIS — SUBDIVISION ORDINANCE: June 6, 2017 any concerns with parking in the general area. The proposed structure shows numerous materials being used on the outside, which range from a EIFS, brick, metal cornices and decorative wall lights. The proposed appearance and materials would appear to be compatible and acceptable with other development within the area. There is no platting required for this request. STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment in the "S-1" Shopping Center District be approved, for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is comprised of commercial and professional office development. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. 6_6_17 SPA S1 - 2060 Crossroad Blvd - 12160 SF bldg Page 3 of 3 Page 121 of f61 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 R-2 1 IIII VIII IIIIIIIIIIIIII u11uI1111 IIII IIII I 1111111 1 1 IIIIIIuIIIIIII IIIIIIIII■III 02 intlE R-4 1111111111111 11111 1111 111 1111111 1 1 1 1 1 1 1 1 1 1 1 1 1 -- 111111 C-1 11111111111 III IIIIIIIII II III I,VIj, I11I 1 VIII IIVIIIII 111111111 IIIIIIIII I IIII IIII I II III 111' 1111 III1' ;1111 Maim 11111 SSr /4^ • R-4 A-1 4r KARLAN 11111 r A-1 A?14 7 C -2,C -Z M- C`2,C-Z N nR C -2,C -Z R-2 attAiiimm R-4; R- 20 20 C -P A-1 206o Crossroads Boulevard "S -i" Site Plan Amendment Prime RE, LLC Page 122 of$i1 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 Proposed Location of New Retail Center Crossroads Boulevard "S -i" Site Plan Amendment Prime RE, LLC Page 123 offal N-----,‘__-"rnmi206o w:' ;E s ti�rt�i - 1.V...1 200 100 0 200 %/1(:17;-‘° 1 IFeet Waterloo, IA IPP 7, o D o o O LoN o uJ E O N U as Page 124 of 311 c 0 U New Retai East Elevation O Page 125 of 311 ueid eNS enrol 'oopeiem 4oiIJ SpeOJSSOJO -I el u 80 I!eT8I me N CD• r- >. co CC s= ueld _mold pesodojd enrol 'oopeieM ti 4oi IieN speoassoio J8TU83 IieTe l MAN 0 •N C „8—,L9 „0—,S9 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291 4366 New or Overall Amendment Individual Building Minor change _ (check one) (Minor Change muss be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): 7 Yid 2 (�t{ Address:_PD , O Phone: j tax City: ( State: _...i Zip: 5 7Oi b, Status of applicant: (a) Owner._.___ (b) Other yi (CHECK ONE): If other explain: c. Property vner's €tr €uc if different th n above (please pr-' :, rsSSEj__ Address:s`1r�•'De-'11(1.0,4-)\) 12_0( , Phone: SL�'7 ' C 7 (Q Fax: City:—[1�t'./[� %C.kJ_............_State: / Zip: [Jo j 2. PROPERTY INFORMATION: a. General location of site plan to be amended: C OSS.Y.ac._ldDe/ __10L b, Legal description of property or portion to be amended: acr.es lot {-1 • ixwakieci ploet c. Dimensions of proposed site plan amendment: J. $ ez s_.__ d. Area of proposed site plan amendment: / • C C ...K.0cY e. Current zoning: ,c- f. Reason(s) for site plan amendment and proposed use(s) of property: C'pn 6.(C ,Lar Poo CF S-74rip rrict Conditions (if any) agreed to (does not affect existing conditions unless specified): g. h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request), The filing fee of $200 (for new or overall amendment), $100 (for individual [3uilding), or $Q (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter property in question in regards to the request. , Signature of Applicant Date Signature. Owner Date Page 128 of231 Site Plan Amendment Request — Adjacent to 2060 Crossroads Boulevard 010, Looking southeast towards the area where the new strip mall would be constructed. Looking at existing commercial development across the street from the site in question. Looking at existing commercial development that is located across the street at the intersection of Crossroads Boulevard and Sears Street. Looking southwest towards Crossroads Mall. Page 129 of241 CITY OF WATERLOO Council Communication Request by Kwik Trip, Inc for a Major Site Plan Amendment in the "M -2,P" Planned Industrial District to allow for the Construction of a biodiesel blending facility, located directly west of 2010 West Ridgeway Avenue. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Staff Report & Aerial Maps D Site Plan D Floodplain Map SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Backup Material Backup Material Backup Material D ate 6/21/2017 - 10:53 AM 6/21/2017 - 11:04 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning C ommission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a Site Plan Amendment on certain property located directly west of 2010 West Ridgeway Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinanc e. Submitted By: Noel Anderson, Community Planning and Development Director Approval The applicant is proposing the construction of a biodiesel fuel blending station for approximately 4.5 acres of the area in question along Ridgeway Avenue. The site plan shows four storage tanks initially along with a 20'x22' maintenance building and a fueling building with 3 entrance and exit points on the north and south side of the building to allow for trucks to conduct work inside of the structure. The proposed blending facility would be the first for Kwik Trip in the State of Iowa and would fill a need for their growing footprint in the state. Page 130 of 311 Summary Statement: The site plan also shows the incoming fuel product unloading area located west of the storage tanks and structures. The fueling tanks are located within a containment wall in case of any spillage or faults with the tanks. Ten semi parking spaces are shown in the northwest corner of the site plan. The applicant has indicated that trucks will not be parked at this location for long if they are parked at all. The "M -2,P" Planned Industrial District is intended and designed to provide for the orderly planned growth of industries in large tracts of land, allowing greater flexibility and diversification of land uses and building location. The "M -2,P" Planned Industrial District allows any use permitted in the "M- 2" Heavy Industrial District. A biodiesel blending facility is considered to be a permitted use within the "M-2" Heavy Industrial District. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Zoning and Land Use Alternative: N/A Background Information: Legal Descriptions: This request is similar to the request that was before City Council in October of 2016 for a fuel blending station along Hwy 63 South of Hwy 20. That request was denied due to concerns from the surrounding homes and businesses. Staff feels the current location is a more suitable location due to the Industrial and Commercial nature of the area along Martin Rd and Ridgeway Avenue. The Planning and Zoning Commission recommended approval of the Site Plan Amendment at their June 6, 2017 meeting with a vote of 7-0. The Southeast Quarter of the Southeast Quarter Section 32 Township 89 Range 13 except the east 330 feet also Except that part platted as Brock Addition Lot 1 2004-033271 Page 131 of 311 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO COMPLETE STREETS/ TRAIL POLICIES & PLANS: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: ZONING DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: June 6, 2017 Request by Kwik Trip for a Site Plan Amendment in the "M-2, P" Planned Industrial District to allow for the construction of a biodiesel blending facility. Kwik Trip Inc., PO BOX 2107, La Crosse, WI 54602 A new Kwik Trip biodiesel blending facility located west of 2010 Ridgeway Avenue. The request would not appear to have a negative impact on the neighborhood and surrounding land use. Commercial and industrial uses are located to the northeast, east and south of Ridgeway Avenue. The request would not appear to have a negative impact on the surrounding vehicular and pedestrian traffic conditions. The applicant would be gaining access to the lot from west Ridgeway Avenue, which is classified as a minor arterial roadway according to the Federal Functions Classification System. The curb cut location will be aligned with Titan Trail. Currently no sidewalks are located around the property in question. The City of Waterloo has adopted a Complete Streets Policy and it is the intent of that policy to fill sidewalk gaps as development occurs. Due to no sidewalks being constructed on adjacent properties and the Sergeant Road Trail being located just east of the site in question, sidewalks would not appear to be needed as a part of the development of this property. A trail is planned for the south side of west Ridgeway Avenue in the future. The area was rezoned from "U-1" Unclassified District to "M -2,P" Planned Industrial District through ordinance number 4690 on May 3, 2004. North —Agricultural Ground, zoned "M -2,P" Planned Industrial District. East — Denso International, "M -2,P" Planned Industrial District. South — Pro Build and vacant land, zoned "M -2,P" Planned Industrial District & "B -P" Business Park District. West — Vacant land, zoned "M -2,P" Planned Industrial District. The area is comprised of commercial & industrial development and also vacant property. Denso International was developed in 2004. The property in question was acquired by the City in 2004 and has been in crop production since 1982. No screening or additional buffers are required. The site plan does indicate a security fence will be located around the perimeter of the property along with landscaping along the fence line in numerous locations around the main development area. A restricted access gate is proposed at the entrance of the property that will be activated with a card reader. 6.6.2017 SPA Kwik Trip Ansborough Avenue & Martin Road Blending Station Page 1 of 3 Page 132 ofS61 DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS: June 6, 2017 A drainage plan for the project will need to be submitted and reviewed by the Engineering Department prior to issuance of a building permit for the project. A small portion of the westerly portion of the project area (4.5 acres) is located within the 100 -year floodplain and a majority of the property is located within the 500 -year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0282F, dated July 18, 2011. No schools are located within the vicinity around the project site. The Katoski Greenbelt is located approximately a quarter mile to the west. Sewer and water will need to be extended to serve the area in question. Santitary sewer is located east of the site in question in Martin Road and Ridgeway Avenue. A 12" water main is located south of Ridgeway Avenue and a 4" gas main is located along the southerly property line of the property in question within the north right-of-way of Ridgeway Avenue. The Future Land Use Map designates this area as Industrial and the proposed Blending Station would be in conformance with the Future Land Use Map for this area and the Comprehensive Plan. The applicant is proposing the construction of a biodiesel fuel blending station for approximately 4.5 acres of the area in question along Ridgeway Avenue. The site plan shows four storage tanks initially along with a 20'x22' maintenance building and a fueling building with 3 entrance and exit points on the north and south side of the building to allow for trucks to conduct work inside of the structure. The proposed blending facility would be the first for Kwik Trip in the State of Iowa and would fill a need for their growing footprint in the state. The site plan also shows the incoming fuel product unloading area located west of the storage tanks and structures. The fueling tanks are located within a containment wall in case of any spillage or faults with the tanks. Ten semi parking spaces are shown in the northwest corner of the site plan. The applicant has indicated that trucks will not be parked at this location for long if they are parked at all. The "M -2,P" Planned Industrial District is intended and designed to provide for the orderly planned growth of industries in large tracts of land, allowing greater flexibility and diversification of land uses and building location. The "M -2,P" Planned Industrial District allows any use permitted in the "M-2" Heavy Industrial District. A biodiesel blending facility is considered to be a permitted use within the "M-2" Heavy Industrial District. 6.6.2017 SPA Kwik Trip Ansborough Avenue & Martin Road Blending Station Page 2 of 3 Page 133 ofsr June 6, 2017 STAFF ANALYSIS — City Staff is currently working with a survey company to parcel off SUBDIVISION the 4.5 acres in question from the overall 26.5 acre site. The ORDINANCE: Planning and Zoning Commission will need to approve a preliminary and final plat for the site in question in the future. STAFF Therefore, staff recommends that the request for a Site Plan RECOMMENDATION: Amendment in the "M -2,P" Planned Industrial District be approved for the development of a biodiesel blending facility, for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is industrial and commercial in nature. 2. The request would appear to be an appropriate fit for this area and be additional development for the City of Waterloo. 3. The request would fill a need for a Kwik Trip blending facility for not only the City of Waterloo but all of Iowa. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to pedestrian interconnectivity, landscaping, drainage, etc., except as specifically altered by approval of the major and minor site plan amendments. 6.6.2017 SPA Kwik Trip Ansborough Avenue & Martin Road Blending Station Page 3 of 3 Page 134 ofS81 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 W of 2010 West Ridgeway Avenue "M -2,P" Site Plan Amendment Kwik Trip, Inc. Page 135 ofS§1 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 Proposed Location of Blending Facility 2010 West Ridgeway Avenue W. RIDGEWAYAVE W.-RIDGEWAYAVE W.•RIDGEWAYAVE W RIDGEWAYAVE W.-RIDGEWAYAVE- W of 2010 10 West Ridgeway Avenue ue "M -2,P" Site Plan Amendment Kwik Trip, Inc. 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P h L t A ri la 114 11111 M N DUMPSTER ENCLOSURE 813 VIEW 0 CD LO LOSURE FRONT ELEVATION Page 144 of 311 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building . Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): KW tit- `ft- t P ^ DP-el-pFo i2-> F121 Address: PO Box, 7-401 Phone: We. 7i3 ieyiyf Fax: City: t4 t-vwsS C— State: w I Zip: 5 �(�o Z b. Status of applicant: (a) Owner ' (b) Other X (CHECK ONE): If other explain: vivo 60-- thoroAci- c. Property owner's name if different than above (please print): C -i t1,1 p !— Wg r k.1. i O Address: '715 ill us. 6t sr Phone: 31°j '2M/ q Udir, Fax: City: 1,4.*T:yi,t,txp State: t4 Zip: c,,--11-,3 2. PROPERTY INFORMATION: a. General location of site plan to be amended: b. Legal description of property or portion to be amended: W a 112 10 r2/1is&Cw41 11616- c. Dimensions of proposed site plan amendment: 41f./V 7c d. Area of proposed site plan amendment: e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of property: g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be fled with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it "s true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Com sion and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Off s to en j€ - - property in question in regards to the request. 10c1-t7&—bre Sig i a re of Applica Date Signature of Owner Date Page 145 ofg01 Site Plan Amendment Request — Adjacent to 2010 West Ridgeway Avenue Looking at the open field to the west of 2010 West Ridgeway Avenue where the new fuel blending station would be built. 2010 West Ridgeway Avenue to the east of the site in question. 1111111111111111111 I, III. ovol0000loolool000roloo AP14V6�IUilliUhq Looking south across West Ridgeway Avenue at existing commercial development. Looking southwest across West Ridgeway Avenue at vacant development ground. Page 146 all City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 Floodway Proposed Location of Blending Facility 2010 West Ridgeway Avenue W. RIDGEWAY AVE W.•RIDGEWAYAVE W. RIDGEWAY AVE W RIDGEWAYAVE W.-RIDGEWAYAVE- W of 2010 West Ridgeway Avenue "M -2,P” Site Plan Amendment Kwik Trip, Inc. Page 147 of4l1 ��„�� .41 ;4 .,�== iF4✓`4, �%;7107:1`o 250 125 0 250 1 IFeet CITY OF WATERLOO Council Communication Sale and conveyance of city owned property generally located adjacent to 157 Washington Street to Jason Grimm. City Council Meeting: 6/26/2017 Prepared: 5/31/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Even, LeAnn Even, LeAnn ATTACHMENTS: Description ❑ Detailed Property Report/Aerial Photo ❑ Application D Site plan SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo D ate 6/21/2017 - 11:13 AM 6/21/2017 - 11:14 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located adjacent to 157 Washington Street, to Jason Grimm in the amount of $2,000, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving a Development Agreement with Jason Grimm for the sale of property located adjacent to 157 Washington Street and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director Approval of the request as submitted. The property was acquired by the city in 1991; however It is not known in what manner it was acquired. The assessed value of the property is $4,960. The applicant is offering $2,000 with development agreement. The applicant is requesting to purchase the lot to allow for the construction of a garage estimated to cost $25,000. The lot is an irregular shaped lot with a 50' frontage and 30' rear, 101' along the easterly property line, and 131' along the westerly property line totaling 5,950 square feet; which does not meet the minimum lot size of 6,000 square feet. However, it is a lot of record as the lot appears to have been platted prior to the adoption of the ordinance in 1969; and therefore could legally be built upon. The only access is from a 16' alley in the rear of the property and therefore, would not appear to be marketable as a buildable lot. Page 148 of 311 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: None N/A Sale of City owned Lots Leland Park All Lot 3 Block 2 Except Southwest West 30 Feet Southeast East 20 Feet and except North 4 Feet, in Waterloo Iowa, Black Hawk County. Page 149 of 311 5/31/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: 18913-26-129-025 Deed Holder: CITY OF WATERLOO Legal: LELAND PARK ALL LOT 3 BLK 2 EXC SW 30 FT - - 20 '�. It & " r . jai hlsp created writ! Arclfl5 Legend Pte. parceldiro re.wma r+adnam:_ hospital Aerial Photos alrpwt Black Hawk Co. 4 Pi -adapt parka_ pares IwPme a` Railroads ,, TownshipsII ,.• Sections Wamr Parcels RlOrds-WWay Township ety Linea rairroad_dim li moddlm waldmams_ s-' O Cwt ..• .. 3.7:::.7.,v 8 / N. UNA/E &.4 ,: ._ RSrrY 4 VE j; 40-1 S - —_,1 423' 1 '. ..._.. _ _ 2- r 9f +r* apn�,0.7 ,p -:;lj { C 'a�t7' ,• -1, M y"t�' y 2� ,.. �,t_ i' !r 7f? 1f ' F�, C'r� ?: 4 F S7 1M'•0& 2 9+ I EU >3`1 ;1 � Cr , .•a '• i r j 4n 1' I"� - afr • • Copyright ICI 9324111 URI Inc , ' .. ,'.. - I 4 f' =lack Hawk County, Iowa c 16 East 5th Street aterloo, Iowa 50703-4774 -hone: (319) 833-3002 ax: (319) 833-3070 -mail: auditor co.black-hawk.ia.us.oru Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains nformation required for local government purposes. See the recorded documents for more 1Jetailedlegai information. Page 150 of 311 111 5/31/2017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-26-129-025 PDF No, Map Area Deed Holder CITY OF WATERLOO Contract Buyer 4 CWTLO-03 Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 00000 00000-0000 Date Drawn Date Filed Recorded Document ype 6/28/1991 1111991 LD 620899 D r SALES Date Amount 9/6/1989 7/10/1989 6/15/1981 3,500 300 10,500 NUTC 1 Type BUILDING PERMIT None SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS RESULT OF - PRIOR 091 Contract SALE TO/BY GOVERNMENT - PRIOR 091 Deed TRANSFER OF PARTIAL INTEREST - PRIOR 091 Deed ASSESSED VALUES/CREDITS Year 2017 Values pending Board of Review Action 100% Value Taxable Value Land10 Multi -Residential Land 4,960 Land 4,960 Multi -Residential Land 0 Dwelling 0 Dwelling 0 Class E Building 'Total res 0 �AG 4,960 !„1 Building 0 Total 4,960 Year 2016 Class E 100% Land Value ,960 Multi -Residential Land 0 Dwelling Building 0 Taxable Land Value ,960 Multi -Residential Land 0 Dwelling 0 Totalcres 4,960 otal ,960 Building 0 ear 015 Class E 100% alue axable alue Year 2014 Land 4,960 Multi -Residential Land 0 Land Multi -Residential Land 4,960 Class E Ing Total Acres Dwelling jBuilding Total 4,960 Dwelling 0 `Building 0 4,960 100% Land Value ,960 Taxable Land Value ,960 Multi -Residential Land Dwelling Building Total 0 Multi -Residential Land 0 0 Dwelling 0 0 4,960 Building 0 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 Acres Total 4,960 Tax District40001 - WATERLOO 1 1 1 Pag6 151 of 11 1/2 http:Ilwww2.co.black-hawk.ia.uslwebsitelbhm aplbhRepDet.asp?apn=891326129025 5/31/2017 Corp Nocorp ross Value Black Hawk County Detailed Parcel Report axable Value Military Exemption Levy Rate 40.78414 0 0 Homestead Disabled Veteran Property Tax Relief Credit Credit Corp $0.00 $0.00 Credit $0.00 Gross Tax $0.00 $0.00 Ag Business Property Tax Credit Credit $0.00 $0.00 Nocorp $0.00 LEGAL ELAND PARK ALL LOT 3 BLK 2 EXC SW 30 FT SE 20 FT AND EXC N 4 FT Basis Front Front Foot 20 Front Foot Totals: 30 Rear ........... 20 30 Side 1 101 131 LAND 131 Lot 0 0 Area 5950 cres 0.137 5950 0.137 Entry Status: Estimated Date Website Last Updated: 05/19/2017 htip://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326129025 Page 152 of 311 2/2 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement Sale of City -Owned Property Applicant: Yom � �,(z,� Address: ` `7 \jj � E Phone No.: 3t1 -4,4c4- 41 2_ General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A nonrefundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • _ Sale of city -owned property not required to be vacated —1No F ,ee __ • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Nate: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] 3%00.4_ , i3Qr3 7 - OZ5 • Asking price (see attached Sale of Property Policy for how calculated): I SSe S;S'nAt r // ((L :-.-11191°C) • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: v c /)461 z 104/--,4(J, —fc) .I iranr Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. 5-/-17 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements m? Page 153 of 311 City of Waterloo and Board Members, I'm writing to you in hopes that an agreement of the sale of city owned property; parcel ID # 8913-26-129-025. Purchase of this property would allow for a new $25,000.00 garage to be built at my current property 157 University Ave. A garage is something my family desperately needs. Currently we have no where to put any of our things. Kids toys are scattered, bikes, lawnmower, gardening equipment and grill are all out in the open. We don't care to have the property to look like this and I'm sure nor do our neighbors. I've spent a great deal of time and money turning this once rental property back into a respectable family home. It is my hope that you find my offer price of the property reasonable and fair so that I can continue to expand on my efforts to make this property safer, cleaner, secure and better for my family and for the neighborhood. Current city property that I would like to purchase is alley entrance only and sits just off the Washington St exit. The expense of maintaining this property and the 4 others next to it cost the city money. If sold to me it will be it will be maintained, I'd like to landscape and build privacy fence as well as the construction of the new garage. This would be a good for the city and it will start generating revenue. Regards, Jason Grimm S/007/(-7 Page 154 of 311 2 6 2 4S - y * 1I LILA NAME: ADDRESS : y _a _ LEGAL DESCRIPTION : z �� Ow QQ � C,d,'f3)m0N o N�� U •,4 N o 22 cc ,y :a �u.'cn�¢¢ • to 0'O N`" 0 -O Nv� � ti QQ 0)0)0 =! "G mCO 1:' N e, e,. OT U U ro to 5 O2 Q t]m13 r -w , Gti w8g2.m=l�mZ W co Lir co o-..-ga 5 0 �l • N G .2.- O g 5 f) 0 8 E m. N- C N c, E UC G cJJU 11.1 n /� V Z CD d CRS Site Approval ? Sidewalks : Driveways : Waiver Grade Required? Street/ Alley Access : (Both Allowable if Street Access is Existing) Comer Lot- Handicap Ramps Req'd : 2nd Access by City Engineer Approval Only ENGINEERING DEPT. —tg)--, SCALE : 1" 11 A 1-800-292-8989 Notifiealionserv(coipY locathlg undelgroand i rltx,_...........+........ __�_4..1.... - ;_,.411..1 i F,.J_i ! ,i 1 .,..L.F,.t. 4,. ,.3._.,... ..)_..f_,..;.,...L_,..i._.,.. ..._i..F,.. .t ,.,t.l..s_�.�_.; -°-,.,.,:.,.�..� .„F„,. ....._.:._:. • i E i .. i ! F} z s e.j{{{ _ x a a 3 i 1 i Vj i_ F I• 1 : i . t x x F x 'i ...F.._3 1_ i tom.. jl, i.•. , • i--.3M.� ter..... ....:..« 1 T ] 1 wa 1y..,''� - -•1 • - r i s e - -_ ! 3 v _ • -""ms- I ---7 --•,�:, . ., P.C.! . a a r _ _ Page 155 of 311 CITY OF WATERLOO Council Communication Lease agreement with TowerCo 2013, LLC to place a 190 foot tall monopole cellular tower and related equipment on excess city owned right-of-way located near the intersection of West Conger Street and River Road, east of 310 West Conger Street, and leasing the site for a period of five (5) years with the option to renew for up to 19 additional five (5) year terms, for $800 per month. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 6/21/2017 - 11:18 AM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:40 AM ATTACHMENTS: Description Type D Applicant letter, legal, and survey Backup Material D Site Plan and Side View Backup Material D Lease Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving a lease agreement with TowerCo 2013, LLC to place a 190 foot tall monopole cellular tower and related equipment on excess city owned right-of-way located near the intersection of West Conger Street and River Road, east of 310 West Conger Street, and leasing the site for a period of five (5) years with the option to renew for up to 19 additional five (5) year terms, for $800 per month. Submitted By: Aric Schroeder, City Planner Approval TowerCo is requesting to lease space from the City of Waterloo to construct a 190' tall cellular tower. The proposed tower would be located in excess right-of-way located near the intersection of West Conger Street and River Road, located just east of 310 West Conger Street (the Electric Park Ballroom). TowerCo already owns and operates a tower in this vicinity at 272 Ansborough Aveneue on the Cattle Congress grounds. The company is looking to relocate that tower to the location in question. None N/A Lease Page 156 of 311 Legal Descriptions: See attached. Page 157 of 311 ilcir°Revco If r�reless Marketing Group 9SRVIND THE WIRELESS INDUSTRY 5INDS 1965 Chad M. Skinner 12106 Ridgeview Drive Urbandale, Iowa 50323 City of Waterloo Community Planning and Development Attn: Aric Schroeder, City Planner 715 Mulberry Street Waterloo, Iowa 50703 June 6, 2017 RE: TowerCo Cell Site Lease Agreement Dear Aric: Thank you for your time and assistance to date regarding a proposal to place a cellular tower site in right-of-way owned by the City of Waterloo. Per our discussions, my client TowerCO already has a tower facility nearby on ground owned by the Cattle Congress. Due to ownership concerns on the property, TowerCo would like to be in a position to relocate the existing facility and the two tenants on the tower. To that end, please consider this a formal request to have the lease agreement placed on the next available City Council agenda. It is my understanding that you need a current lease exhibit and legal descriptions. Please find both of those items attached to this letter. Should you need any additional information please let me know. Per our discussions, should the City be willing to enter into the lease agreement, I will work with your offices to file for the Special Use Permit. Regards, Chad M. Skinner 515-720-6361 ENCLOSURES Page 158 of 311 PROPOSED LEASE AREA DESCRIPTION: That part of Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the lease area to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 10.00 feet; thence northwesterly, a distance of 65.16 feet along a non-tangential curve concave to the northeast, having a radius of 133.40 feet and a central angle of 27 degrees 59 minutes 08 seconds, the chord of said curve bears North 62 degrees 29 minutes 05 seconds West; thence North 86 degrees 27 minutes 26 seconds West not tangent to the last described curve, a distance of 12.43 feet; thence South 3 degrees 32 minutes 34 seconds West, a distance of 51.33 feet to the Point of Beginning. PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION: An easement for ingress, egress and utility purposes over, under and across Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the easement to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 20.00 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence South 36 degrees 45 minutes 13 seconds West, a distance of 7.07 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 4.10 feet; thence South 35 degrees 18 minutes 20 seconds East, a distance of 10.98 feet; thence South 78 degrees 52 minutes 42 seconds West, a distance of 30.03 feet; thence North 17 degrees 57 minutes 12 seconds East, a distance of 11.32 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 5.23 feet; thence North 53 degrees 14 minutes 47 seconds West, a distance of 7.07 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 20.00 feet to the Point of Beginning. Page 159 of 311 SHEET 1 OF 2 SHEETS LL w0 o w z zw W0 (7) 6- (q0 Do p8 o 0 00 10 1916.9 to 9 9601 6 M3N '6V y 'N. '4 1 'ZZ 696 b. J wo 1b9.919. C M £L '6 uy 'N 69 "tl '336a 6 lob/t MN b9110 6 . I 25t22 I 1F2222' - �2.21 N SHEET 2 OF 2 SHEETS 0 z w^ V w J 000 w 0 O �w z zw in 0E (7)n° 0© p(� o Q J 'm 5 0 00 3 f1N3AV H9f1OHO9SNV 2,01,1,A 0644 694 616 :..3 1049-869-L48 :XV 0049.869-L48 :Hd OOLS-£49-448 :anogdalai 89009 11'30018 )121Vd 614LZ ON`,C.D AVMH01H 39998009 14N Ll/0.0 siN3wwoaaid 03sin3a s ..,KE an015,f11eA 0005 lw urezrw siN3ww o72:1 3:: OJJOMOI tEIHa . ; `6 A31,iLNOldI3nss� �e3da sao SNOISIA38 w I- 0 (flz O 0 <D 8 O i< < Ud w w 0 z w w J CEDAR RIVER Ov \ \ \ (7 � NW Y W ❑ \ LOCATION PLAN 0. K UDDD 4,000 1 0 04�°H❑ 0 WIDSETH SMITH NOLTING ngineering 1 Architecture 1 Surveying 1 Environmental 0 0 0 41)0) 2,01,1,A 0644 694 616 :..3 1049-869-L48 :XV 0049.869-L48 :Hd OOLS-£49-448 :anogdalai 89009 11'30018 )121Vd 614LZ ON`,Ce'J AVMH01H 39998009 1w Ll/0.0 siN3wwoaaid 03sin3a s wQ an0ls, IIRA 0005 OJJOMOI 11 VEIN '—'' Nile lw urezrw siN3ww o72:1 3:: ;e Ll/60/l0 d A31,i,LNOldI s3anssl SNOISIA38 hTd ENLARGED SITE PLAN 2,01,1,A 0644 694 616 :,z3 1049-969-L49 :XVd 0049.869-L48 :Hd OOLS-£49-448 :anogdalai 89009 11'30018 )121Vd 614LZ ON `1..0 AVMH01H 39998009 94N Ll/0.0 siN3wwoa aid 03sin3a s wQan0ls, II.A 0005 lw urezrw siN3ww o72:1 3:: OJJOMOI VEIN '— SP Niv ;e Ll/60/l0 M31,i,LNOldI s3anssl O� SNOISIA3a w ° (D Z 0 0 <D 0 O = < < Ud w Z O 0 0 i O 0 0 tt SVNN]INV 9 3 81090 03SOdOad 3O 2131N33 0133N91010 TOWER ELEVATION 0-.901 93M01310d0N0W 0380d09d 3O d0101331191010 ,06 1H011H 19 910 9 915 11921100 ,66L GROUND LEASE AGREEMENT THIS GROUND LEASE AGREEMENT ("Lease") is effective as of the latter of the signature dates below ("Effective Date") by and between The City of Waterloo, Iowa ("Lessor") and TOWERCO 2013 LLC, a Delaware limited liability company ("Lessee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of certain real property located in the City of Waterloo, County of Black Hawk, State of Iowa (the "Parent Parcel"), as more particularly described in Exhibit "A" annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor approximately two -thousand (2,000) square feet of the Parent Parcel and all access and utility easements if any, (the "Premises") as described in Exhibit "B" annexed hereto. 2. Use. The Premises may be used by Lessee and Lessee's tenants and licensees for the transmission and receipt of wireless communication signals in any and all FCC Licensed frequencies, the construction, maintenance, operation, subleasing and licensing of towers, antennas, and buildings, and related facilities and activities, and for any other uses which are incidental thereto ("Intended Use"). Lessee and its sublessees and licensees shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week. Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use of the Premises (the "Governmental Approvals"). Lessor further agrees to cooperate with Lessee in executing and delivering any documents requested by Lessee to obtain Governmental Approvals necessary for its Intended Use. In the event that Lessee's Intended Use of the Premises is actually or constructively prohibited then, in addition to any other remedies available to Lessee, Lessee shall have the option to terminate this Lease with notice to Lessor. 3. Term. The term of this Lease shall be five (5) years commencing on the date Lessee begins commercial operation of the Improvements (as defined in Paragraph 6(a)) or the third anniversary of the Effective Date, whichever first occurs ("Commencement Date") and terminating on the fifth (5th) anniversary of the Commencement Date (the "Term") unless otherwise provided in Paragraph 9. 4. Renewal Terms. Lessee shall have the right to extend this Lease for nineteen (19) additional five (5) year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth in this Lease except that Rent shall increase as provided in paragraph 5. This Lease shall automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to renew the Lease at least thirty (30) days prior to the expiration of the Term or the Renewal Term which is then in effect. 5. Consideration. During the Term, Lessee shall pay Lessor the monthly sum of EIGHT HUNDRED DOLLARS ($800.00) ("Rent"). Rent shall be payable on the first day of each month in advance to Lessor at Lessor' s address as specified in paragraph 18 below. Rent shall be increased on the commencement of each Renewal Term by ten percent (10%) over the Rent payable during the immediately preceding term. If this Lease is terminated at a time other than TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 1 Page 165 of 311 on the anniversary of the Commencement Date, Rent shall be prorated as of the date of termination and that portion of prorated Rent allocable to the period following the effective date of termination, that may have been paid in advance of the termination date, shall be refunded to Lessee. As further consideration for Lessor to enter into this Lease, Lessee shall pay to Lessor within ten (10) days of the Effective Date of this Lease, a one-time signing bonus of Five Hundred DOLLARS ($500). 6. Improvements; Utilities; Access. (a) Lessee shall have the right, at Lessee's sole cost and expense, to erect and maintain on the Premises improvements, personal property and facilities necessary or desired for its Intended Use (collectively the "Improvements"). The Improvements shall remain the exclusive property of the Lessee throughout the term and after the termination of this Lease. Lessee may construct, alter, demolish, reconstruct, restore, replace, supplement, modify and reconfigure the Improvements at any time during the Term or any Renewal Term of this Lease. Lessee shall remove, at Lessee's sole cost and expense, all of the Improvements not later than one hundred eighty (180) days following any termination of this Lease, leaving the Premises in graded condition. Lessor grants Lessee the right to clear all trees, undergrowth, or other obstructions and to trim, cut, and keep trimmed and cut all tree limbs which may interfere with or fall upon the Improvements or Premises. Lessor grants Lessee a non-exclusive easement in, over, across and through other real property owned by Lessor as reasonably required for construction, installation, maintenance, and operation of the Improvements. In the event that a guyed tower is constructed on the Premises, Lessor also grants Lessee an easement in, over, across and through Lessor's real property during the Term and any Renewal Term of this Lease for the installation and maintenance of and reasonable access to the guy wires and guy wire anchors. (b) Lessee shall have the right to install power, telecommunications, cables, conduit, and any other utilities, including cabinets, vaults and improvements directly related to such utilities, on the Premises, at Lessee's expense, and to improve present utilities on the Premises (including but not limited to the installation of emergency power generators). Lessee shall have the right to permanently place utilities on (or to bring utilities across or under) the Premises and the Improvements. In the event that utilities necessary to serve the equipment of Lessee or the equipment of Lessee's licensee(s) or sublessee(s) cannot be located within the Premises, Lessor agrees to cooperate with Lessee and to act reasonably in allowing the location of utilities on the Parent Parcel or other real property owned by Lessor without requiring additional compensation from Lessee or Lessee's licensee(s) or sublessee(s). Lessor shall, upon Lessee's request, execute within fifteen (15) days a separate written easement to the utility company providing the service or Lessee in a form which may be filed of record evidencing this right. (c) Lessor grants to Lessee, its officers, agents, employees, sublessees, licensees and their independent contractors, the right and privilege to enter upon the Premises and the Parent Tract, to perform or cause to be performed test borings of the soil, environmental audits, engineering studies and to conduct a survey of the Premises and all or part of the Parent Tract. Lessor grants Lessee and its sublessees and licensees a license to use such portion of Lessor's property contiguous to the Premises on a temporary basis as reasonably required during TowerCo Site Name Cattle Congress 2 TowerCo Site Number IA0324 Page 166 of 311 the Term or any Renewal Term of this Lease for the construction, installation, maintenance or removal of the Improvements, including access for construction machinery and equipment, storage of construction materials and equipment and staging areas. Following any such use, Lessee agrees to restore the condition of the Lessor's property contiguous to the Premises. (d) Lessor represents and warrants to Lessee that Lessee shall at all times during this Lease enjoy ingress, egress and access from the Premises twenty-four (24) hours a day, seven (7) days a week to an open and improved public road which presently exists and which shall be adequate to service the Premises and the Improvements. If no such public road exists or ceases to exist in the future, Lessor will grant an exclusive easement to Lessee, Lessee's sublessees and assigns so that Lessee may, at its own expense, construct a suitable private access drive to the Premises and the Improvements. To the degree such access is across other property owned by Lessor, Lessor shall execute an easement (the "Easement") within fifteen (15) days of evidencing this right and Lessor shall maintain access to the Easement in a free and open condition so that no interference is caused to Lessee by other lessees, licensees, invitees or agents of the Lessor which may utilize the Easement. 7. Lessor' s Representations and Warranties. As an inducement for Lessee to enter into and be bound by the terms of this Lease, Lessor represents and warrants to Lessee and Lessee' s successors and assigns that Lessor (i) has good and marketable title to the Premises or has the right to acquire same by the exercise of eminent domain power, (ii) has the authority to enter into and be bound by the terms of this Lease, (iii) to the best of Lessor' s knowledge, there are no pending or threatened lawsuits, administrative actions (including bankruptcy or insolvency proceedings), suits, claims or causes of action against Lessor or which may otherwise affect the Premises, and (iv) the Premises are not presently subject to an option, lease, agreement or other contract which may adversely affect Lessor' s ability to fulfill its obligations under this Lease. Lessor covenants and agrees that it shall not grant an option or enter into any contract which will adversely affect Lessee's Intended Use (as defined in paragraph 2 above) of the Premises until this Lease expires or is terminated by Lessee. The representations and warranties of Lessor shall survive the termination or expiration of the term of this Lease. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability upon written notice as follows: (a) By either party upon a default of any covenant or term hereof by the other party which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); provided, that if the defaulting party commences good faith efforts to cure the default within such period the cure period may be extended upon mutual agreement, in writing, of the parties hereto; (b) Upon thirty (30) days' written notice by Lessee to Lessor if (i) Lessee is unable to obtain or maintain any license, permit or other Governmental Approval necessary for the construction and operation of the Improvements or Lessee's business or (ii) Lessee's Intended Use of the Premises is actually or constructively interfered with; or (c) By Lessee for any reason upon written notice from Lessee to Lessor. 9. Subleases. Lessee at its sole discretion shall have the right, without the consent of or notice to Lessor, to license, sublease or otherwise allow the occupancy of all or a portion of the Premises and the Improvements for the Intended Use and for no other purpose or use. Lessee's TowerCo Site Name Cattle Congress 3 TowerCo Site Number IA0324 Page 167 of 311 licensee(s) and sublessee(s) shall be entitled, subject to approval processes or limitations set forth in applicable law or ordinance, to modify the tower and Improvements, and erect and install additional improvements and personal property on the Premises and Improvements, including but not limited to antennas, dishes, cabling, utilities, emergency or back up power, generators, and equipment shelters. Lessee's licensee(s) and sublessee(s) shall be entitled to all rights of ingress and egress to the Premises, the right to install utilities on the Premises and the right to use the Premises for the Intended Use as if said licensee or sublessee were the Lessee under this Lease. 10. Taxes. Because Lessor is a government entity, the Premises is currently tax exempt. Lessee shall pay any personal property taxes assessed on the Improvements and any real property taxes assessed as a result of the Improvements. Lessor shall pay when due all property taxes and all other fees and assessments attributable to the Premises. In the event that Lessor fails to pay when due any taxes affecting the Premises or the Easement, Lessee shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid by Lessee on Lessor's behalf from future payments of Rent. Lessor agrees to provide to Lessee a copy of any notice, assessment or billing relating to any real or personal property taxes for which Lessee is responsible under this Lease within thirty (30) days of receipt of same by Lessor. Lessee shall have no obligation to make payment of any real or personal property taxes until Lessee has received notice, assessment or billing relating to such payment in accordance herewith. Lessee shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or seek modification of any real or personal property tax assessment or billing for which Lessee is wholly or partly responsible for payment under this Lease. Lessor shall reasonably cooperate with Lessee in filing, prosecuting and perfecting any appeal or challenge to real or personal property taxes as set forth herein, including but not limited to executing consent to appeal or other similar document. In the event that Lessee fails to pay when due any taxes affecting the Premises, Lessor shall have the right but not the obligation to pay such taxes and to invoice same to Lessee. Any such sum invoiced by Lessor to Lessee shall, if not paid within thirty (30) days, accrue interest at the rate of 12% per annum, compounded monthly, until paid in full. 11. Damage or Destruction. If the Premises or the Improvements are destroyed or damaged so as to hinder the effective use of the Improvements in Lessee's judgment, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor. 12. Condemnation. If a condemning authority takes all of the Premises, or a portion sufficient in Lessee's determination, to render the Premises in the opinion of Lessee unsuitable for the use which Lessee was then making of the Premises, this Lease shall terminate the earlier of (i) the date title vests in the condemning authority or (ii) the date the condemning authority takes possession of the Premises or a portion of it. Lessor and Lessee shall share in the condemnation proceeds in proportion to the values of their respective interests in the Premises (which for Lessee shall include, where applicable, the value of its Improvements, moving expenses, prepaid rent, lost business, goodwill, and business relocation expenses). A sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of eminent domain power shall be treated as a taking by condemnation for the purposes of this paragraph. Except as provided in this paragraph, generally applicable condemnation law will apply in the event of a condemnation. TowerCo Site Name Cattle Congress 4 TowerCo Site Number IA0324 Page 168 of 311 13. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Improvements, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its licensee(s), sublessee(s), or the employees and agents of any of them, arising out of or in connection with use of the Premises and Improvements by Lessee, its licensee(s), sublessee(s), or the employees or agents of any of them. At each tenth (10th) anniversary of the Effective Date, the parties will review the coverage limits provided herein and make such adjustment thereto as may be appropriate due to changing economic or risk management factors. 14. Interference. Lessor shall not, nor shall Lessor permit its lessees, licensees, invitees or agents, to use any portion of the Parent Parcel or adjacent real property owned or controlled by Lessor in any way which interferes with Lessee's Intended Use of the Premises. Such interference shall be deemed a material breach of this Lease by Lessor and Lessor shall have the responsibility to immediately terminate such interference. In the event such interference is not immediately rectified, Lessor acknowledges that continuing interference will cause irreparable injury to Lessee, and Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to bring an action to enjoin such interference or to terminate this Lease with notice to Lessor. 15. Environmental Compliance. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any contaminants, oils, asbestos, PCBs, hazardous substances or wastes as defined by federal, state or local environmental laws, regulations or administrative orders or other materials the removal of which is required or the maintenance of which is prohibited, regulated or penalized by any federal, state or local government authority ("Hazardous Materials") on, under, about or within the Parent Parcel and/or Easement in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Materials on, under, about or within the Parent Parcel and/or Easement in violation of any law or regulation. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Premises in violation of any law or regulation. This Lease shall at the option of Lessee terminate and be of no further force or effect if Hazardous Materials are discovered to exist on the Parent Parcel and/or Easement through no fault of Lessee after Lessee takes possession of the Premises and Lessee shall be entitled to a refund of all the consideration paid in advance to Lessor under this Lease. 16. Environmental Indemnities. (a) Lessor, its heirs, grantees, successors, and assigns shall indemnify, defend, reimburse and hold harmless Lessee from and against any and all environmental damages arising from the presence of Hazardous Materials upon, about or beneath the Parent Parcel and/or Easement, or migrating to or from the Parent Parcel and/or Easement, or arising in any manner whatsoever out of the violation of any environmental requirements pertaining to the Parent Parcel and/or Easement and any activities thereon, which conditions exist or existed prior to or at the time of the execution of this Lease or which may occur at any time in the future due to the TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 5 Page 169 of 311 negligence or willful misconduct of Lessor, its heirs, grantees, successors, and assigns, and through no fault of Lessee. (b) Lessee, its heirs, grantees, successors, and assigns shall indemnify, defend, reimburse and hold harmless Lessor from and against environmental damages caused by the presence of Hazardous Materials on the Premises arising solely as the result of the activities of Lessee, its licensee(s) or sublessee(s), or the employees or agents of any of them, after the execution of this Lease. (c) The duties and indemnifications in this paragraph shall survive expiration or earlier termination of this Lease. 17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or via a nationally recognized overnight delivery service to the following addresses or to such other addresses as may be specified in writing at any time during the term of this Lease: If to Lessor, to: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attention: Planning Department Phone: (319) 291-4366 If to Lessee, to: TowerCo 2013 LLC 5000 Valleystone Drive Cary, North Carolina 27519 Attn: Property Management Site ID #: IA0324 18. Quiet Enjoyment. Lessor warrants and represents that (i) it has the full right, power, and authority to execute this Lease; and (ii) the Premises constitutes an area that may be leased without the need for any subdivision or platting approval. Lessor covenants that it shall comply with all applicable laws, regulations and requirements related to the Premises and that Lessee shall have the quiet enjoyment of the Premises during the term of this Lease. Should Lessee's use of the Premises become compromised due to any breach of the warranty and covenants contained in this paragraph, Lessor acknowledges that Lessee shall be substantially harmed and Lessee will seek to recover from Lessor any damages Lessee may sustain. 19. Occurrence of Lessor Default. The covenants, representations and conditions in this Lease are mutual and dependent. Upon the occurrence of any breach or nonperformance of any representation, warranty, covenant, agreement or undertaking made by Lessor in this Lease ("Default"), Lessee shall have the option to pursue any one or more of the following remedies, subject to such notice requirements as may be prescribed elsewhere in this Lease: (a) Lessee, TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 Page 170 of 311 may, at its sole election, terminate the Lease; (b) Lessee, may, without being obligated and without waiving the Default, cure the Default, whereupon Lessor shall pay to Lessee, upon demand, all costs expenses, and disbursements incurred by Lessee to cure the Default. Lessee shall be permitted to offset said costs, expenses and disbursements incurred by Lessee against Rent or any other amounts due or becoming due by Lessee to Lessor under this Lease; or (c) Lessee shall be entitled to pursue any and all other rights or remedies available at law or equity, including specific performance of this Lease, with respect to Lessor's default. 20. Assignment. Upon written notice to Lessee, Lessor is permitted to transfer this Lease only in connection with the sale of the Parent Parcel and only on the following conditions: (a) the acquiring party must and will assume in writing all of the rights and obligations of Lessor under this Lease on and after the date of purchase of the Parent Parcel and (b) Lessor must retain no rights or obligations under the Lease after the date of sale of the Parent Parcel (a "Lessor Permitted Assignment"). Other than a Lessor Permitted Assignment, Lessor is prohibited from assigning, selling or otherwise transferring the Lease in whole or in part and Lessor is prohibited from granting any third party an easement or other real property interest in the Premises. Lessee may assign this Lease without the consent of or notice to Lessor. From and after the date this Lease has been sold, assigned or transferred by Lessee to a third party agreeing to be subject to the terms hereof, Lessee shall immediately be released from any and all liability under this Lease, including the payment of any rental or other sums due, without any further action. Additionally, Lessee may mortgage or grant a security interest in this Lease and the Improvements, and may assign this Lease and the Improvements to any such mortgagees or holders of security interests including their successors and assigns (hereinafter collectively referred to as "Secured Parties"). If requested, Lessor shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. Lessor agrees to notify Lessee of any default by Lessee so that Lessee may notify its Secured Parties and afford to them the same right to cure any default as Lessee except that the cure period for any Secured Party shall not be less than an additional ten (10) days after the Lessee cure period expires. If a termination, disaffirmance or rejection of the Lease pursuant to any laws (including any bankruptcy or insolvency laws) by Lessee shall occur, or if Lessor shall terminate this Lease for any reason, the Secured Parties will have the right to enter upon the Premises during a forty-five (45) day period following Lessor's notice to Lessee, for the purpose of removing any Improvements. Lessor acknowledges that the Secured Parties shall be third -party beneficiaries of this Lease. 21. Successors and Assigns. This Lease shall run with the Premises and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 22. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, in and to the Improvements or any portion thereof, regardless of whether or not same is deemed real or personal property under applicable laws. 23. Waiver of Incidental and Consequential Damages. Lessor will not assert any claim whatsoever against Lessee for loss of anticipatory profits or any other indirect, special, incidental or consequential damages incurred by Lessor as a result of the construction, maintenance, operation or use of the Premises by Lessee or its agents, licensees or sublessees. TowerCo Site Name Cattle Congress 7 TowerCo Site Number IA0324 Page 171 of 311 24. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including reasonable attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of Lessee, its licensee(s) or sublessee(s), or the agents or employees of any of them, in or about the Premises. To the extent permitted by applicable law, Lessor shall indemnify and hold Lessee harmless from all claims (including reasonable attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of Lessor or Lessor's agents, employees, lessees, invitees, contractors or other tenants occurring in or about the Parent Parcel. The duties described herein survive termination of this Lease. 25. Right of First Refusal; Sale of the Premises. If Lessor elects (i) to sell or otherwise transfer to a third party all or any portion of the Premises, whether separately or as part of a larger parcel of which the Premises is a part, or (ii) to grant to a third party by easement, or other legal instrument, an interest in and to any portion of the Premises for any purpose relating to operating and maintaining communications facilities or the management thereof, with or without an assignment of this agreement to such third party (including but not limited to assignments of rental streams associated with this agreement), Lessee shall have the right of first refusal to meet any bona fide offer of sale, assignment, or any other transfer on the same terms and conditions as such offer. Lessor shall immediately provide the Lessee with a copy of the bona fide offer together with a notice describing Lessee's right of first refusal. If Lessee fails to accept such bond fide offer within thirty (30) days after receipt of the foregoing, Lessor may sell or grant the easement or interest in the Premises in accordance with the terms of such bona fide offer. 26. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within ten (10) days after written request, such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Lease, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by the parties. (d) If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fees due such broker and shall hold the other party harmless from any claims for commission by such broker. (e) Lessor agrees to cooperate with Lessee in executing any documents necessary to protect Lessee's rights under this Lease or Lessee's use of the Premises, including but not limited to affidavits relating to title curative measures and subordination and non- disturbance agreements and to take any further action which Lessee may reasonably require as to effect the intent of this Lease. (f) This Lease shall be construed in accordance with the laws of the state in which the Premises is situated. (g) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. TowerCo Site Name Cattle Congress 8 TowerCo Site Number IA0324 Page 172 of 311 (h) Upon request of Lessee, Lessor shall promptly execute and deliver to Lessee such documents as Lessee requests to evidence Lessee's rights in the Premises, including a memorandum of option and a memorandum of lease and/or amendments thereto. Lessee may file such documents of record in the property records in the county in which the Premises are located. (i) Lessee may obtain title insurance on its interest in the Premises and Easement, and Lessor shall cooperate by executing documentation required by the title insurance company. In the event the Premises is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish, within thirty (30) days written request by Lessee, a non -disturbance agreement to the effect that Lessee and Lessee's sublessees or licensees will not be disturbed in the occupancy of the Premises by any foreclosure; provided that the rights and interests of Lessee under this Lease shall be subject and subordinate to such mortgage or deed of trust. (j) Lessor hereby irrevocably appoints Lessee or Lessee's agent as Lessor's agent to file applications on behalf of Lessor with federal, state and local governmental authorities which applications relate to Lessee's Intended Use of the Premises including but not limited to land use and zoning applications. (k) This Lease may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties, it being understood that all parties need not sign the same counterpart and that scanned or electronically reproduced copies of this Lease shall have the same force and effect as originals. (1) Lessor will not, during the term of this Lease together with any extensions thereof, enter into any other lease, license, or other agreement for a similar purpose as set forth herein, on or adjacent to the Premises. (m) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Lease, such party shall not unreasonably condition, delay or withhold its approval or consent. Any approval or consent that the City, its boards, commissions or officials, is requested to give in its capacity as a government entity applying its generally applicable regulations is hereby exempted from the foregoing covenant, provided that Lessee shall be treated on a substantially neutral and non-discriminatory basis as compared to other applicants for such approval or consent. [SIGNATURES BEGIN ON NEXT PAGE] TowerCo Site Name Cattle Congress 9 TowerCo Site Number IA0324 Page 173 of 311 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the date affixed to their signatures below. LESSOR/LESSOR: City of Waterloo, Iowa By: Name: Title: Date: State of County of Before me, the undersigned, a Notary Public for the State, personally appeared , who is the of , a , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, this day of 20. Signature NOTARY SEAL My commission expires: TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 10 Page 174 of 311 LESSEE/LESSEE: TOWERCO 2013 LLC By: Name: Title: Date: State of County of Before me, the undersigned, a Notary Public for the State, personally appeared who is the of TowerCo 2013 LLC, a Delaware limited liability company, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal, this day of 20. NOTARY SEAL TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 Signature My commission expires: 11 Page 175 of 311 EXHIBIT "A" DESCRIPTION OF PARENT PARCEL The Parent Parcel is described and/or depicted as follows: Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 12 Page 176 of 311 EXHIBIT "B" DESCRIPTION OR DEPICTION OF PREMISES An approximately 2,200 square foot tract of land, together with easements for ingress, egress and utilities described or depicted as follows: PROPOSED LEASE AREA DESCRIPTION: That part of Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the lease area to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 10.00 feet; thence northwesterly, a distance of 65.16 feet along a non-tangential curve concave to the northeast, having a radius of 133.40 feet and a central angle of 27 degrees 59 minutes 08 seconds, the chord of said curve bears North 62 degrees 29 minutes 05 seconds West; thence North 86 degrees 27 minutes 26 seconds West not tangent to the last described curve, a distance of 12.43 feet; thence South 3 degrees 32 minutes 34 seconds West, a distance of 51.33 feet to the Point of Beginning PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION: An easement for ingress, egress and utility purposes over, under and across Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the easement to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 20.00 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence South 36 degrees 45 minutes 13 seconds West, a distance of 7.07 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 4.10 feet; thence South 35 degrees 18 minutes 20 seconds East, a distance of 10.98 feet; thence South 78 degrees 52 minutes 42 seconds West, a distance of 30.03 feet; thence North 17 degrees 57 minutes 12 seconds East, a distance of 11.32 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 5.23 feet; thence North 53 degrees 14 minutes 47 seconds West, a distance of 7.07 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 20.00 feet to the Point of Beginning TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 13 Page 177 of 311 DaSTING STORM EriER LRE ▪ RENINN (TM.) NOB EXISTING CCNCFETE / SIDEVYA_K COED 5' HIG-1 VINYL FENCE 5 l {i x EXISTING CULVERT TO TRIMMED BACK TO TI -E EKE PATH G.C. IS TO PPJG EAC -1 EN:: fl' PROPOSED 19N 'HIGH MONOPOLE TONER ■1i1MEM - r r iv 2i,".TFRU FCKLE 1mw, 4. sin a. c• A PROPCOE. TY ER CO LEASE AREA f 2:99 Das -(n) 1-1.) i Urt9t CARRIER Clax2D1. LEASE AREA ITTP_b PROPOSED MANHOLE & F1T{79I I SEINER LINE, EXISTING STORM bLEINER UNE TO BE REMOVED f a E{I.,^TI CNG UTILITY POLE 4WIRPNSFORMER ........'.'.' TO REi�Wl................................. ......................... .. ... ..... ... .. ... .. .. ... .. ... = _ - EXISTING NG MAIIIOIJE 10 MRN f LIM PROPOSED 1.014-1 •LE a STORM SEVER LINE TURN AROLND AREA I-HOPO'3ED 18 'jit AC PAVED DRIVEWAY S ENTRANCE E aST1 NG CURB Note: At Lessee's option, Lessee may replace this Exhibit with an exhibit setting forth the legal description of the Premises, or an as -built drawing depicting the site. Any visual or textual representation of the Improvements and facilities is illustrative only, and does not limit the rights of Lessee as provided for in the Lease. Without limiting the generality of the foregoing: 1. The Premises may be setback from the boundaries of Lessor's property as required by the applicable governmental authorities. 2. The access road's width may be modified as required by governmental authorities, including police and fire departments. 3. The locations of any access and utility easements are illustrative only. Actual locations may be determined by Lessee and/or the servicing utility company in compliance with local laws and regulations. TowerCo Site Name Cattle Congress 14 TowerCo Site Number IA0324 Page 178 of 311 Clerk: After recording return to: TowerCo 5000 Valleystone Drive Cary, North Carolina 27519 STATE OF COUNTY OF (Recorder's Use Above this Line) MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this day of , 20 , by and between City of Waterloo, Iowa, having a mailing address of 715 Mulberry Street, Waterloo, Iowa 50703 (hereinafter referred to as "Lessor") and TOWERCO 2013 LLC, a Delaware limited liability company having a mailing address of 5000 Valleystone Drive, Cary, North Carolina, 27519 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into that certain Ground Lease dated the day of , 20 (the "Lease") for certain real property and easements as described in Exhibit B attached hereto (collectively, the "Premises"), which are a portion of that certain parcel of real property located in Waterloo, County of Black Hawk, State of Iowa, described in Exhibit A attached hereto (the "Land"). 2. The Lease shall have an initial term of five (5) years, with nineteen (19) additional five (5) year renewal terms. 3. The purpose of this Memorandum is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed. In the event of a conflict between the terms of this Memorandum or the addition of any terms in this Memorandum which are not contained in the Lease, the Lease shall control. The terms of the Lease are hereby incorporated by reference. 4. Upon written notice to Lessee, Lessor is permitted to transfer the Lease only in connection with the sale of the Land and only on the following conditions: (a) the acquiring party must and will assume in writing all of the rights and obligations of Lessor under this Lease on and after the date of purchase of the Land and (b) Lessor must retain no rights or obligations under the Lease after the date of sale of the Land (a "Lessor Permitted Assignment"). Other than a Lessor Permitted Assignment, Lessor is prohibited from assigning, selling or otherwise transferring the Lease in whole or in part and Lessor is prohibited from granting any third party an easement or other real property interest in the Premises. TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 15 Page 179 of 311 5. Pursuant to the Lease, Lessee has a right of first refusal to meet any bona fide offers for (i) any sale or transfers of the Land, and any (ii) grant from Lessor to a third party by easement or other legal instrument of an interest in and to any portion of the Land, the Premises or the Lease for any purpose relating to operating and maintaining communications facilities or the management thereof, with or without an assignment of the Lease to such third party, including but not limited to assignments of any right to the rent or rental stream associated with the Lease. IN WITNESS WHEREOF, the parties have executed this Memorandum under seal as of the dates set forth in the respective acknowledgements. LESSOR: CITY OF WATERLOO, IOWA By: Name: Title: Date: State of County of Before me, the undersigned, a Notary Public for the State, personally appeared , who is the of , a , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, this day of , 20 . Signature NOTARY SEAL My commission expires: TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 16 Page 180 of 311 LESSEE: TOWERCO 2013 LLC By: Name: Title: Date: State of County of Before me, the undersigned, a Notary Public for the State, personally appeared who is the of TowerCo 2013 LLC, a Delaware limited liability company, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal, this day of 20. NOTARY SEAL TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 Signature My commission expires: 17 Page 181 of 311 EXHIBIT "A" DESCRIPTION OF LAND The Land is described and/or depicted as follows: Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 18 Page 182 of 311 EXHIBIT "B" DESCRIPTION OR DEPICTION OF PREMISES An approximately 2,200 square foot tract of land, together with easements for ingress, egress and utilities described or depicted as follows. Exact legal description to be determined by survey. PROPOSED LEASE AREA DESCRIPTION: That part of Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the lease area to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 10.00 feet; thence northwesterly, a distance of 65.16 feet along a non-tangential curve concave to the northeast, having a radius of 133.40 feet and a central angle of 27 degrees 59 minutes 08 seconds, the chord of said curve bears North 62 degrees 29 minutes 05 seconds West; thence North 86 degrees 27 minutes 26 seconds West not tangent to the last described curve, a distance of 12.43 feet; thence South 3 degrees 32 minutes 34 seconds West, a distance of 51.33 feet to the Point of Beginning PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION: An easement for ingress, egress and utility purposes over, under and across Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the easement to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 20.00 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence South 36 degrees 45 minutes 13 seconds West, a distance of 7.07 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 4.10 feet; thence South 35 degrees 18 minutes 20 seconds East, a distance of 10.98 feet; thence South 78 degrees 52 minutes 42 seconds West, a distance of 30.03 feet; thence North 17 degrees 57 minutes 12 seconds East, a distance of 11.32 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 5.23 feet; thence North 53 degrees 14 minutes 47 seconds West, a distance of 7.07 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 20.00 feet to the Point of Beginning TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 19 Page 183 of 311 rr DUSTING STORM SEI ER LIE o REMAIN (TVP.) ' ir E}:ISiNG CONCRETE �• VINYL FENCE Ev..1`S`TING. CULVERT TO TRIMMED BACK ( TO ThE El PATH rY C. IS TO PLUG EAC -1 ENv PROPOSED 190' NIGH MONOPOLE TOV+ETt lA .. Ywwrwr�4.W. �.uE Paws. . !t! a"1. +a.n TAT 15 LSI flSG LILA P'4oPCcED TOWER CO . EAEE AREA i 2199 -FT.: bJr1JRE CARRIER (101.2C, _EASE AREA. iTYP. PROPCG-ED PANNI -OLE & STORM SEWER LINE, E as-nNG ;TORI ',EWER • 1UNE TO 9E REMOVED E7lTS TING IFitE�. TO BE REMOVED g uuIALOF 2) ........................... ....................... ..... ECISTNG UTILITY POLE f 5(13 11 NG MAN-ICLE TO REMAIN r ~� RaoposEo MAhF1O16 a'TCRM SEWER UNE PROPOSED 213 W10E PAVED TURN AROLN , AREA HiAOPOJED 18' VALE ACCE a PAVED DRIVEWAY & ENTRANCE E fISTING CURE Note: At Lessee's option, Lessee may replace this Exhibit with an exhibit setting forth the legal description of the Premises, or an as -built drawing depicting the site. Any visual or textual representation of the Improvements (as defined in the Lease) and facilities is illustrative only, and does not limit the rights of Lessee as provided for in the Lease. Without limiting the generality of the foregoing: 1. The Premises may be setback from the boundaries of Lessor's property as required by the applicable governmental authorities. 2. The access road's width may be modified as required by governmental authorities, including police and fire departments. 3. The locations of any access and utility easements are illustrative only. Actual locations may be determined by Lessee and/or the servicing utility company in compliance with local laws and regulations. TowerCo Site Name Cattle Congress TowerCo Site Number IA0324 20 Page 184 of 311 CITY OF WATERLOO Council Communication FY 2017 Rehabilitation of Taxiway Charlie at Waterloo Regional Airport, Bid Package No. 1 of 2, FAA Grant No. 45. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Airport Reviewer Even, LeAnn Action Approved ATTACHMENTS: Description ❑ Picture No: 1 of Current Taxiway Charlie Pavement ❑ Engineer's Estimate Taxi Charlie Rehab ❑ Bid Tab Taxi Charlie Rehab SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Cover Memo Cover Memo Cover Memo D ate 6/20/2017 - 12:47 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 and file, and instruct the City Clerk to read bids and refer to Airport Director for review. Submitted By: Keith Kaspari, Airport Director Approve the project as noted above in the Recommended City Council Action Engineer's Estimate is approximately $1,995,276.89. Source of funds for this project will be derived from the use of Waterloo Regional Airport's Airport Improvement Program entitlements from FY - 2016, FY -2017 and all carry-over funds as approved by the FAA's Regional Office in Kansas City. This project continues the improvements and advancements to the airfield pavements at Waterloo Regional Airport. This project also complies with the City of Waterloo's Strategic Plan for the completion of the following: 1. Goal No: 2 and Strategy No: 2.2 2. Goal No: 3 and Strategy Nos: 3.3, 3.4, 3.5, 3. Goal No: 4 and Strategy No: 4.5. Page 185 of 311 Alternative: Background Information: Legal Descriptions: No project alternatives were selected for this project. This project will complete the following improvements: 1. Pavement Rehabilitation to Taxiway Charlie, including the removal of Taxiway Stub Connector referred to as Charlie -1; 2. Replacement of antiquated quartz -style of Taxiway Edge Lights and replace them with current generation LED taxiway edge lights providing energy efficiency for the use of taxiway and airfield lighting; 3. Replacement of outdated taxiway signage. 4. Update the FAA -approved signage and markings plan. 5. Update the FAA -approved Airport Layout Plan Not applicable for this request by Staff. Page 186 of 311 1000 il, ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AfRPORT FY 2017 RIP - BID PACKAGE 1 FAA AIP PROJECT NO. 3-19-0094-045 AECOM PROJECT NO. 60484884 5/31/2017 ITEM NO. SPEC. NO. DESCRIPTION UNIT PLAN QUANTITY ESTIMATED UNIT PRICE EXTENDED TOTAL 1 GP 105 MOBILIZATION AND DEMOBILIZATION LI 1 $ 200,000.00 $ 260,000.00 2 GP 50-06 CONSTRUCTION SURVEY LS 1 $ 30,000.00 $ 30,000.60 3 PLANS CONSTRUCTION BARRICADES LS 1 $ 40,000,00 $ 40,000.00 4 P-101-5.1 PAVEMENT REMOVAL SY 19,855 $ 5.00 $ 99,275.89 5 P-152-4.1 UNCLASSIFIED EXCAVATION CY 7,900 $ 8.00 $ 63,200.00 6 P-154-5.1 SUBBASE COURSE CY 3,200 $ 45.00 $ 144,000.00 7 P -156-5.1e INSTALLATION AND REMOVAL OF SILT FENCE LF 5,500 $ 2.00 $ 11,000.00 8 P -156-5.1f INSTALLATION AND REMOVAL OF INLET PROTECTION EA 6 $ 2$3.00 $ 1,500.00 9 P -156-5.1g RIP RAP CHECK DAM EA 2 $ 1,500.00 $ 3,000.00 10 P-208-5.1 AGGREGATE BASE COURSE CY 2,900 $ 50,00 $ 145,000.00 11 P-501-8.1 8.0 -INCH PORTLAND CEMENT CONCRETE PAVEMENT 5Y . 17,755 $ 48.00 $ 852,240.00 12 P-620-5.1-1 RUNWAY AND TAXIWAY MARKING SF 8,800 $ 2.00 $ 17,600.00 13 P-620-5.1-2 REFLECTIVE MEDIA (TYPE I, GRADATION A} LB 250 $ 2.00 $ 500.00 14 P-620-5.1-4 TEMPORARY RUNWAY AND TAXIWAY MARKING SF 8,800 $ 2.00 $ 17,600.00 15 D -701-5.1a 18 -INCH REINFORCED CONCRETE PIPE (RCP) LF 273 $ 60.00 $ 16,380.00 16 D -701-5.1c 18 -INCH FLARED END SECTION WITH PIPE GUARD EA 1 $ 2,300.00 $ 2,300.00 17 0-705-5.1 ARCH PERFORATED SUBDRAIN (SDR 35) COMPLETE INCLUDING POROUS BACKFILL AND FILTER LFT 5,321 $ 18.00 $ 95,778.00 18 0-705-5.2 6- INCH NON -PERFORATED SUBDRAIN (508 35) LFT 1,346 $ 18.00 $ 24,228.00 19 0-745-5.3 SUBORAIN CLEANOUT EA 23 $ 650.00 $ 14,950.00 20 0-751-5.2 CATCH BASIN EA 1 $ 11,000.00 $ 11,000.00 21 T-901-5.1 SEEDING AC 8.2 $ 1,500.00 $ 12,300.00 22 T-905-5.1 TOPSOILING (OBTAINED ON SITE OR REMOVED FROM STOCKPILE) CY 3,500 $ 5.00 $ 17,500.00 23 T -908-S.1 MULCHING ACRE 8.2 $ 2,000.00 $ 16,400.00 24 L-108-5.1 NO.8 AWG, SKV, L-824, TYPE C CABLE, INSTALLED IN TRENCH DUCT BANK OR CONDUIT LF 8,900$ 1.00 $ 8,900.00 25 L-108-5.2 NO. 6 AWG, SKV, L-824, TYPE C CABLE INSTALLED IN TRENCH, DUCTBANK OR CONDUIT. LF 1,250 $ 1,00 $ 1,250.00 26 L-108-5.3 NO. 6 AWG BARE COPPER COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCTBANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS LF 7,000 $ 1.00 $ 7,000.00 27 L-110-5.1 CONCRETE ENCASED ELECTRICAL DUCT BACK, 2 -WAY, 4 -INCH SCHEDULE 40 PVC LF 260 $ 25.00 $ 6,500.00 28 L-110-5,2 NON-ENCASED ELECTRICAL CONDUIT, 2 -INCH SCHEDULE 40 PVC LF 7,000 $ 2.50 $ 17,500.00 29 L-115-5.4 ELECTRICAL HANDHOLE, L-868 EA 4 $ 800.00 1 $ 3,200.00 30 L-115-5.4 ELECTRICAL HANDHOLE, 2'0" BY 2'0" EA 6 $ 3,000.00 $ 19,000,00 31 L-125-5.1 L-861T(LED)TAXIWAY EDGE LIGHT- LED EA 60 $ 900.00 $ 54,000.00 32 L-125-5.2 L-861 RUNWAY EDGE LIGHT - QUARTZ EA 2 $ 1,000.00 $ 2,000.00 33 L-125-5.4 AIRFIELD GUIDANCE SIGN, SIZE 1, LED, 1 (ONE) MODULE EA 1 $ 2,500.00 $ 2,500.00 34 L-125-5.4 AIRFIELD GUIDANCE SIGN, SIZE 1, LED, 2 (TWO) MODULE EA 1 $ 3,000.00 $ 3,000.00 35 L-125-5.4 AIRFIELD GUIDANCE SIGN, SIZE 1, LED, 4 (FOUR) MODULE EA 2 $ 4,000.00 $ 8,000.00 36 L-125-5.5 L-804 (LED) RUNWAY GUARD LIGHT FA 2 $ 3,500.00 $ 7,000.00 37 L-125-5.4 AIRFIELD GUIDANCE SIGN, SITE 3, LED, 3 (THREE) MODULE EA 1 $ 3,200.00 $ 3,200.00 38 L-125-5.6 REMOVE DUCT BANK LF 225 $ 25.00 $ 5,625.00 39 L-125-5.7 REMOVE TAXIWAY EDGE LIGHT EA 102 $ 75.00 $ 7,650.00 40 L-125-5.7 REMOVE ELECTRICAL. HANDHOLE EA 12 $ 125.00 $ 1,500.00 41 L-125-5.8 REMOVE AIRFIELD GUIDANCE SIGN EA 9 $ 300.00 $ 2,700.00 TOTAL (BASE BID) $ 1,995,276.89 Page 188 of 311 WATERLOO REGIONAL AIRPORT RECONSTRUCT TAXIWAY C PKG #1 Bid Tab: June 22, 2017 Estimate: See Engineer's Estimate Bidder Bid Security Bid Amount Vieth Construction Corp. Cedar Falls, IA ° 5 /o $2,296,639.00 K Cunningham Construction Co., Inc. Cedar Falls, IA 5% $2,265,399.00 Croell, Inc. New Hampton, IA 5% $2,128,833.19 Page 189 of 311 CITY OF WATERLOO Council Communication FY 2017 Rehabilitation of Runway 12/30 Pavement Joint and add alternate bid item Nos. 1-2-3 at Waterloo Regional Airport, bid package No. 2 of 2, FAA Grant No. 45. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 6/21/2017 - 9:40 AM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:47 AM ATTACHMENTS: Description Type ❑ Picture of Runway 12/30 - Airfield Painting Cover Memo D Picture of Failed Runway Pavement Joint Cover Memo D Engineer's Estimate Runway 12/30 Backup Material a Bid Tab Rehab Runway 12/30 Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Airport Director for review. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve the Notice of Public Hearing as described above. Summary Statement: Expenditure Required: As recommended by the Federal Aviation Administration, this project is Bid Package 2 in order to focus on the Primary Scope of Work (Bid Package No: 1) and other secondary work as Bid Package No: 2 (Runway Joint Repair, and Airfield Painting services). The Engineer's Estimate for project costs for Bid Package No: 2 of 2, is as follows: Base Bid: $248,050.00. Add Alternate No: 1 $ 98,216.00. Add Alternate No: 2 $ 15,600.00. Add Alternate No: 3 $234,004.00. Total of Base Bid and Above Three (3) Add Alternates: $497,654.00. Page 190 of 311 Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Funds for this project will be derived via the Federal Aviation Administration's Airport Improvement Program - and Waterloo Regional Airport's AIP funds for FY -2016, 2017 and all Carry -Over funds from previous Fiscal Year periods via the FAA's Regional Office in Kansas City. This project continues to provide improvement airfield pavements for the added safety of aircraft operations at Waterloo Regional Airport. This project also complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 2 and Strategy No: 2.2, Goal No: 3 and Strategy Nos: 3.3, 3.4, and 3.5. Goal No: 4 and Strategy No: 4.5. No project alternatives were selected for this project. This project will provide improvements on the airfield as follows: 1. Repair the failed runway pavement joint at the intersection of Runway 12/30 (this is Waterloo's primary and longest runway) and Taxiway Bravo 1; 2. Allow for the crack -seal maintenance of the pavement on Runway 12/30 that was not completed in the two crack -seal phases. 3. Allow for the repainting of Runways 12/30, 18/36, adjacent airfield taxiways and aircraft parking aprons and ramp areas. NOTE: This project does not include the repainting of Runway 6/24 as this runway is no longer eligible for the expenditure of federal funds. Not applicable for this request by Staff Page 191 of 311 Page 192 o'311 / • ! d'r , ,1 ' 1 , 4".... 1 ' I '4 'It . .4" "V - .., . , . fi AAA&" FIVRif 74i „, „r,„ a .1, a'sioleaohl ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT FY 2017 AIP - 810 PACKAGE 2 FAA AIP PROJECT NO. 3-19-0094-045 AECOM PROJECT NO. 60484884 MAY 31, 2017 ITEM NO. SPEC. NO. DESCRIPTION UNIT PLAN QUANTITY ESTIMATED UNIT PRICE EXTENDED TOTAL 1 GP 105 MOBILIZATION AND DEMOBILIZATION LS 1 $ 35,000.00 $ 35,000.00 2 GP 50-06 CONSTRUCTION SURVEY LS 1 $ 7,000.00 $ 7,000.00 3 PLANS CONSTRUCTION BARRICADES LS 1 $ 8,800.00 $ 8,800.00 4 P-101-5.1 PAVEMENT REMOVAL - RUNWAY 12-30 SY 500 $ 15.00 $ 7,500.00 5 P-101-5.2 JOINT AND CRACK REPAIR LF 50,100 $ 1.50 $ 75,150.00 6 P-101-5.5 COLD MILLING, 3 INCHES -RUNWAY 12-30 SY 500 $ 25.00 $ 12,500.00 7 P-152-4.1 UNCLASSIFIED EXCAVATION - RUNWAY 12-30 CY 250 $ 15.00 $ 3,750.00 8 P-208-5.1 AGGREGATE BASE COURSE CY 250 $ 50.00 $ 12,500.00 9 P-401 HOT MIX ASPHALT SURFACE COURSE TON 325 $ 125.00 $ 40,625.00 10 P-501-8.1 12.0 -INCH PORTLAND CEMENT CONCRETE PAVEMENT - RUNWAY 12-30 SY 335 $ 75.00 $ 25,125.00 11 P-620-5.1-4 TEMPORARY RUNWAY AND TAXIWAY MARKING - RUNWAY 12-30 SF 1,350 $ 2.00 $ 2,700.00 12 P-621-5.1 GROOVING SY 870 $ 20.00 $ 17,400.00 Add Alternate Bid No. 1- Runway 12/30 Joint and Crack Repair TOTAL (BASE BID) $ 248,050.00 1 P-620-5.1-1 RUNWAY AND TAXIWAY MARKING - RUNWAY 12/30 SF 35,200 $ 2.00 $ 70,400.00 2 P-620-5.1-2 REFLECTVE MEDIA (TYPE I, GRADATION A) - RUNWAY 12-30 LB 2,800 $ 2.00 $ 5,600.00 3 P-620-5.1-1 RUNWAY AND TAXIWAY MARKING - TAXIWAYA(NON-AIP) SF 6,833 $ 2.00 $ 13,666.00 4 P-620-5.1-2 TAXIWAY REFLECTIVE MEDIA (TYPE I, GRADATION A) - TAXIWAY A (NON-AIP) LB 225 $ 2.00 $ 450.00 5 P-620-5.1-5 PAVEMENT MARKING REMOVAL -TAXIWAY A (NON-AIP) SF 540 $ 15.00 $ 8,100.00 TOTAL (ADD Add Alternate Bid No. 2 - Runway 12/30 Joint and Crack Repair ALTERNATE NO. 1) $ 98,216.00 1 P-101-5.2 [JOINT AND CRACK REPAIR - STA 24+00 TO STA 31+00 LF 7,800 $ 2.00 $ 15,600.00 TOTAL (ADD Add Alternate Bid No. 3 - Runway 18/36, Taxiways and Apron Pavement Marking ALTERNATE NO. 2) $ 15,600.00 1 P-620-5.1-1 RUNWAY AND TAXIWAY MARKING SF 112,183 $ 2.00 $ 224,366.00 2 P-620-5.1-2 TAXIWAY REFLECTIVE MEDIA (TYPE I, GRADATION A) LB 4,819 $ 2.00 $ 9,638.00 TOTAL (ADD TOTAL INCLUDING ALTERNATE NO. 3) $ 234,004.00 ADD ALTERNATES $ 595,870.00 Page 194 of 311 WATERLOO REGIONAL AIRPORT RUNWAY 12/30 PAVEMENT RUNWAYS 12/30 AND 18/36 PKG #2 Bid Tab: June 22, 2017 Estimate: See Engineer's Estimate Bidder Bid Security Bid Amount ASPRO, Inc. Waterloo, IA 5% Base Bid: $444,410.75 Alt. 1: $36,230.15 Alt. 2: $19,890.00 Alt. 3: $75,328.45 TOTAL: $575,859.35 Page 195 of 311 CITY OF WATERLOO Council Communication Resolution authorizing City Clerk to certify against certain parcels for unpaid garbage, sewer, and storm water fees. City Council Meeting: 6/26/2017 Prepared: 6/1/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/1/2017 - 11:23 AM ATTACHMENTS: Description Type ❑ Certified list 6.26.17 Cover Memo SUBJECT: Submitted by: Resolution authorizing City Clerk to certify against certain parcels for unpaid garbage, sewer, and storm water fees. Submitted By: Kelley Felchle, City Clerk Page 196 of 311 Location ID Customer ID Parcel No. Customer Name 127269 522983 881207378002 Brian Luchtenburg 127207 514350 881217304010 Aaron Kies 123606 520253 881218328006 Teresa Johnson 123501 524726 881218354008 Lindsey L Weires 123470 536283 881218357002 Taylor lsh man 120367 529163 881302302003 Chris Powers 108389 537191 881303126013 Troy Gilson 108741 535918 881303226025 Ericka Cullen 120295 504598 881303277012 Sheila Troudt 109087 526720 881303303009 Jonathan Miner 111866 529495 881304153013 Brad Goodale 109346 538024 881304304002 Satyra Shorter 110238 535981 881304454013 Wendy M Smith 110174 521236 881304477021 Elizabeth Guernsey 112144 534542 881305201052 Edward Killian 112536 535414 881307351059 Lauren Meyers 112558 534840 881307377001 Robert Hess 126993 506673 881307426009 LeroyLGray 125685 510602 881311101014 LS M gmtlnc#4102 125662 530444 881311101015 Wellpro Fitness & Nutrition 128680 512083 881313430004 Mark Hagen 123573 509234 881313476002 Glen R Thomas 120696 518743 881314128003 Randy Nelson 105654 502485 891218376011 Lillie G Perkins 105641 502477 891219126002 James Reed 105819 521142 891219126009 Michelle A Smith 105669 522414 891219201004 Gladys Monroe 105870 531761 891219207001 Fatima Gomez 105863 502578 891219207016 Waymon Polk 105758 502532 891219254001 Lorene Wright 105798 537307 891219256004 Francis D Phillips 105802 536668 891219256008 Taefon LAnderson 105111 536075 891219305019 Joseph Griffith 102547 528025 891219328004 Jennifer Hampton 102540 520752 891219328007 Tetley Pretlow 101838 538535 891219351017 Danielle Jones 102503 501028 891219353006 W J Harper Page 197 of 311 101837 520678 101801 537135 101827 528547 102355 523849 102391 519080 100822 528825 100847 535964 100851 524703 101088 523069 100868 500010 127144 522222 127257 537600 101324 511815 101323 500530 101329 535496 127280 510880 101170 523787 101237 533238 100928 500366 101911 516141 101905 521958 101914 535587 102207 515946 102167 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Charlotte Tournier Alyce M Ham Shelby M Joyce Maria Garcia Melani Aine Tom Sherwood Marian R Paulsen Clifford Gates Ashley Tudor Samantha Hess Valley Prop Alliance Ryan Etten Ryan Etten Lashayla M Mabry Irene E Ambrose Jamie L Garcia Rick Bauer P V Stealy Shantrice Reed Victor Atkinson Benjamin M Banter Brandy Richmond Destiny Hall Page 198 of 311 100794 522158 100778 537245 101622 500647 101567 500627 100721 517860 100703 530060 101596 516943 100714 522702 100736 536895 124525 534873 127172 510821 127024 513056 124241 517362 109190 504063 127284 534373 106655 530257 106671 519958 106639 513164 106454 522944 105944 522309 105969 529799 103450 517585 103451 510777 103178 538571 103255 532000 103569 514271 103571 537349 103641 538348 104299 524688 103157 501302 103159 501304 103161 517708 103344 507897 103416 501431 103421 535808 103606 538857 103403 534916 103517 501481 103390 501420 104886 513181 891230333018 891230379030 891230405020 891230405027 891230453014 891230455002 891230455028 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891314356015 Ryan Hagerstrom 106947 515808 891314357015 Guadalupe Lucio 104789 518171 891314376009 Marvin Heggebo 104808 500676 891314377020 Courtney E Halverson 106755 536846 891314378006 ChrisTheel 104513 537320 891314379025 Dakodda Grimm 104444 534553 891314380014 Marie Benedict 104711 532586 891314381014 Adam R Guenther 104436 534733 891314381026 Michael M Simpson 104509 539266 891314381030 Paul Byerly 104441 520678 891314383001 Valley Prop Alliance 102822 538834 891314402019 Jermaine Goodlow 102821 516879 891314402020 Raaco Properties LLC 102825 536143 891314403019 Phillip A Harris 102830 513974 891314403023 Desiree McDonald 102876 520660 891314405002 Tisha Smith 102861 538116 891314405010 Jermaine Goodlow 102962 528314 891314426012 Christophe T Clyde Page 200 of 311 102975 533992 102976 537218 103118 532240 103129 531377 103071 511721 102948 512313 103097 537509 103104 537420 103032 525130 103028 537737 103091 526814 103050 524817 102797 501160 102638 520035 102610 533310 104706 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Jr Valley Prop Alliance Patty Good Thompson Properties Nicole Pullen Hazel Leonard David Johnson Christina L Nelson Malik D Richard Shawna Hines Angela Marshall Chana Perry Garry Bogardus Melissa J Irvine Jeff Smith Nunziato Femino Taylor Johnson Eugene A Halbmaier Ashly M Rago Linda Hunt Tanneisha Robinson Titania M Moore Erin Rash David Brecunier Patricia Henkle Nichole K Onken Barry Bowers Ann Fencl Samuel J Halverson Kaela Barker Joshua Johnson Frederick J Wahl Andrea Wilson Latrisha A Lee Anthony McDonald Samantha Verbeek Kay M Byers Howard A Masters C Doyle Properties Megan Reed R B Greene C Doyle Properties Matthew Simmons Lyndsy Hagen Stephanie Cochren Charlotte Burington Page 206 of 311 110736 524950 891327460001 Atirice N Wooten 113171 534403 891327476005 Charlisa Wilkerson 118433 534630 891327476011 Melinda S Hauptman 114749 506420 891328103012 Dennis L Coffin 114958 528129 891328129019 Kevin Kremer 114677 506380 891328151020 W A Baker 113640 520036 891328202001 Tiffany 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14th Ave Gulfport FL 337073629 USA 1920 Easton Ave Waterloo IA 50702 USA 107 Ricker St Waterloo IA 507032525 USA 508 Ankeny St Waterloo IA 507032502 USA 128 Mosley St Waterloo IA 507032520 USA 919 Oneida St Waterloo IA 50703 USA 433 Kingsley Ave Waterloo IA 507012853 USA 325 Ricker St Waterloo IA 50703 USA 9223 S Compton Ave APT 2 Los Angeles CA 90002 USA 232 Ricker St Waterloo IA 507032660 USA 605 Gable St Waterloo IA 50703 USA 3252 E Shaulis Rd Waterloo IA 50702 USA 2736 Logan Ave Waterloo IA 507031018 USA 618 Candlewick Rd Waterloo IA 50703 USA 940 Kern St Waterloo IA 50703 USA 413 Baltimore St Waterloo IA 507012627 USA 918 Riehl St Waterloo IA 507032124 USA 709 W Parker St Waterloo IA 507032253 USA 1812 Logan Ave Waterloo IA 507031917 USA 731 Newton St Waterloo IA 50703 USA 1837 S Katie Ave UNIT 5 Sioux Falls SD 571064954 USA 712 Dawson St Waterloo IA 507035628 USA 1418 S Lakeshore Dr Fowler IL 623382414 USA 650 Dawson St Waterloo IA 507035846 USA 643 Kern St Waterloo IA 50703 USA 1419 W 4th St Waterloo IA 507022907 USA 1213 Ackermant St Waterloo IA 50703 USA 1956 Winston PI Waterloo IA 507019556 USA 1222 Ackermant St Waterloo IA 507032306 USA 4733 Edgebrook Dr Waterloo IA 50701 USA 1151 Columbia St Waterloo IA 507032311 USA 11111 Columbia St Waterloo IA 50703 USA 1201 Lincoln St Waterloo IA 507032431 USA Page 212of311 1236 Lincoln St Waterloo IA 507032432 USA 1242 Lincoln St Waterloo IA 50703 USA 500 Reed St Waterloo IA 507032448 USA 409 Baltimore St Waterloo IA 50701 USA 516 Cutler St Waterloo IA 507032454 USA 122 Newell St Waterloo IA 50703 USA 154 W Parker St Waterloo IA 50703 USA 10721 S Forest Ave APT 2 Chicago IL 606283626 USA 1225 Logan Ave Waterloo IA 507032535 USA 1201 Logan Ave Waterloo IA 50703 USA 122 W Parker St Waterloo IA 507032434 USA 3454 Homeway Dr Cedar Falls IA 506135306 USA 220 Valley Dr APT 4 Laporte City IA 50651 USA 219 Virden St Waterloo IA 50701 USA 890 7th Ave Marion IA 523025747 USA 1013 Broadway St Waterloo IA 50703 USA PO BOX 1662 Waterloo IA 507041662 USA 3615 Canterbury Ct APT 11 Waterloo IA 50701 USA PO BOX 161 Dunkerton IA 50626 USA 1124 10th Ave Fort Dodge IA 505015221 USA 406 Riehl St Waterloo IA 50703 USA 3454 Homeway Dr Cedar Falls IA 506135306 USA 232 Conger St Waterloo IA 507032470 USA 310 Reed St Waterloo IA 50703 USA 1419 W 4th St Waterloo IA 507022907 USA 1955 W 7th St Waterloo IA 50702 USA 620 W 11th St Waterloo IA 507021624 USA 1333 W Donald St Waterloo IA 507031621 USA PO BOX 2601 Waterloo IA 50704 USA 1102 Longfellow Ave Waterloo IA 507031721 USA 1011 Longfellow Ave Waterloo IA 507031718 USA 314 Poplar Ave Waterloo IA 507035560 USA 1033 W Parker St Waterloo IA 507032121 USA 1027 Eisenhower Blvd Loveland CO 80537 USA 138 5th Ave Oelwein IA 506622337 USA PO BOX 2094 Waterloo IA 507042094 USA 152 Greenwood Ave Waterloo IA 507011123 USA 96 Spruce St La Porte City IA 506511752 USA 1909 PINEHURST CT Waterloo IA 50701 USA 227 N Hackett Rd Waterloo IA 507011128 USA 1205 Amelia Dr Apt 2 Cedar Falls IA 50613 USA 3914 Pheasant Dr Cedar Falls IA 50613 USA 727 Progress Ave Waterloo IA 507013108 USA 815 Progress Ave Waterloo IA 507013110 USA 905 Progress Ave Waterloo IA 507013112 USA 1419 W 4th St Waterloo IA 507022907 USA Page 213of311 PO BOX 984 Waterloo IA 507011746 USA 152 Greenwood Ave Waterloo IA 507011123 USA 400 Ardmore St Waterloo IA 507011902 USA PO BOX 943 Cedar Falls IA 506130047 USA PO BOX 943 Cedar Falls IA 506130047 USA PO BOX 211 Allison IA 506020211 USA 325 Joy Dr Waterloo IA 50701 USA 806 Hickory St Waterloo IA 507012029 USA 13520 Hammond Ave La Porte City IA 50651 USA 475 W 8th St Garner IA 504381604 USA 712 Calumett Dr Cedar Falls IA 50613 USA PO BOX 1226 Waterloo IA 507041226 USA 5313 Fjord St Cedar Falls IA 506136422 USA 1102 Bauch St Waterloo IA 507011941 USA 3153 115th St Buckingham IA 506129781 USA 1111 Riehl St Waterloo IA 507035507 USA 116 Lindale Ave Waterloo IA 50703 USA 1039 Peoples Sq Waterloo IA 507025740 USA 519 Kirkwood Ave Waterloo IA 507012107 USA 516 Stratford Ave Waterloo IA 507015832 USA 525 Evergreen Ave Waterloo IA 507012105 USA 4229 Suburban Dr Waterloo IA 507024951 USA 204 Wright St Parkersburg IA 50665 USA 120 Letsch Rd Waterloo IA 50701 USA PO BOX 382 Shell Rock IA 50670 USA PO BOX 05911 Milwaukee WI 53205 USA 142 N Barclay St Waterloo IA 50703 USA 4003 S Main St Cedar Falls IA 506135563 USA PO BOX 403 Waterloo IA 507040403 USA 110 FLETCHER AVE Waterloo IA 50701 USA 211 Harwood Ave Waterloo IA 507016114 USA 3319 Parkridge Rd Waterloo IA 507019408 USA 1733 Falls Ave Waterloo IA 507012322 USA 112 Hartman Ave Waterloo IA 507012329 USA 604 Burton Ave Waterloo IA 507035641 USA 431 Riehl St Waterloo IA 507033665 USA 440 Conger St Waterloo IA 507033658 USA 1419 W 4th St Waterloo IA 507022907 USA 428 Bratnober St Waterloo IA 507033610 USA 236 Conger St Waterloo IA 507032470 USA 835 Logan Ave Waterloo IA 507032401 USA 1419 W 4th St Waterloo IA 507022907 USA 1435 Olsen Rd Apt 1 Waterloo IA 50701 USA 233 Center St Waterloo IA 507033611 USA 120 Balboa Ave APT C3 Cedar Falls IA 506136377 USA PO BOX 1492 Waterloo IA 50704 USA 307 Bratnober St Waterloo IA 507033607 USA 310 Columbia St Waterloo IA 507033620 USA 736 Sherman Ave Waterloo IA 507032061 USA Page 214of311 319 Elliott Ave Evansdale IA 507071517 USA 1419 W 4th St Waterloo IA 507022907 USA PO BOX 4147 Waterloo IA 507044147 USA 71 Franklin St Waterloo IA 507033709 USA 50 Lafayette St Waterloo IA 507033402 USA 0 GENERAL DELIVERY Waterloo IA 50703 USA PO BOX 1922 Waterloo IA 507041922 USA PO BOX 2094 Waterloo IA 507042094 USA 217 E 1st St Waterloo IA 50703 USA PO BOX 1943 Waterloo IA 50704 USA 442 Lane St Waterloo IA 507034072 USA 726 Sumer St Waterloo IA 507033252 USA 121 1/2 Quincy St Waterloo IA 50703 USA 433 Beech St Waterloo IA 50703 USA 10611 Sparrow Landing Way Orlando FL 32832 USA 223 W 4th St Newton IA 502083831 USA 212 Webster St Waterloo IA 507033034 USA 1971 260TH St Denver IA 50622 USA 327 Cottage St Waterloo IA 507033110 USA 305 Cottage St Waterloo IA 507033110 USA 807 Anthony St Waterloo IA 507072313 USA 203 Harrison St Waterloo IA 507033715 USA 332 Saxon St Waterloo IA 507033839 USA 1535 4th St Madison IL 620601405 USA 202 Sumner St Waterloo IA 50703 USA 1200 Ackermant St Waterloo IA 50703 USA 634 Northbrook Dr Davenport IA 528063832 USA 702 N Barclay St Waterloo IA 507033144 USA 606 N Barclay St Waterloo IA 507033109 USA 613 Cottage St Waterloo IA 507032801 USA 515 Cottage St Waterloo IA 507032701 USA PO BOX 99 Sherwood OR 97140 USA 603 Baltimore St Waterloo IA 50703 USA 306 Gable St WATERLOO IA 50703 USA 1224 Beech St Waterloo IA 507033332 USA 614 Cottage St Waterloo IA 507032802 USA PO BOX 2690 Iowa City IA 522442690 USA 627 Sumner St Waterloo IA 507032849 USA 250 Western Ave Waterloo IA 507012634 USA 1419 W 4th St Waterloo IA 507022907 USA 404 Belmont Ave Waterloo IA 50701 USA 1200 Ackermant St Waterloo IA 50703 USA 919 Oneida St Waterloo IA 50703 USA 719 Beech St Waterloo IA 507033321 USA 540 Ash St Waterloo IA 507033214 USA 810 N BARCLAY ST Waterloo IA 50703 USA 210 Argyle St Waterloo IA 507033708 USA 811 E 4th St Waterloo IA 507033924 USA 821 W 8th St APT B Waterloo IA 507022266 USA Page 215of311 PO BOX 504 Waterloo IA 507040504 USA 806 Walnut St Waterloo IA 507033920 USA 335 Bates St Waterloo IA 507033211 USA 610 E 4th St APT 72 Waterloo IA 507033934 USA 424 Douglas St Waterloo IA 507033226 USA 107 Toland Ave Waterloo IA 50707 USA 1847 Independence Ave Waterloo IA 507072566 USA 136 Smith St Waterloo IA 507034027 USA 3605 Valdez Dr Des Moines IA 50310 USA 502 Mobile St Waterloo IA 507034025 USA 1600 Lafayette St Waterloo IA 50703 USA 3218 Tropic Ln APT 7 Waterloo IA 507025267 USA 212 Lafayette St #1 Waterloo IA 507034628 USA 605 Sumner St Waterloo IA 507032849 USA 188 W 10th St Waterloo IA 507025120 USA 1103 Commercial St Waterloo IA 507021044 USA 103 3rd Ave Hiawatha IA 52233 USA 1100 Sycamore St Waterloo IA 507034851 USA 409 Courtland St Waterloo IA 507034005 USA 1133 Franklin St Waterloo IA 507034425 USA 1125 Franklin St Waterloo IA 50703 USA 308 Courtland St Waterloo IA 507034004 USA 210 Lane St Waterloo IA 507034052 USA 306 Mobile St Waterloo IA 507034021 USA 612 Independence Ave Waterloo IA 507034115 USA 512 Courtland St Waterloo IA 507034102 USA 2719 Lafayette St Waterloo IA 507035345 USA 715 Fowler St Waterloo IA 507035015 USA 1831 Lark Ln Waterloo IA 507013638 USA 506 Fowler St Waterloo IA 507030 USA 212 Columbia St Waterloo IA 507034427 USA 1815 Mulberry St Waterloo IA 507035043 USA 611 4th St Independence IA 506442413 USA 1406 W 3rd St Waterloo IA 50701 USA 1731 Lafayette St Waterloo IA 50703 USA 2651 Saint Francis Dr Waterloo IA 507025442 USA 229 Linden Ave Waterloo IA 507035033 USA 2216 Lincoln St LOT 12 Cedar Falls IA 506133263 USA 1149 Bertch Ave Waterloo IA 50702 USA 921 Sycamore St Waterloo IA 50703 USA 1104 Washington St Waterloo IA 507021631 USA 1218 Washington St Waterloo IA 507021633 USA 1422 Commercial ST Waterloo IA 50702 USA 1426 Jefferson St Waterloo IA 507021154 USA 3850 Pineview PI APT 110 Waterloo IA 50701 USA 454 Grand Blvd Evansdale IA 50707 USA 720 W 11th St Waterloo la 50702 USA 209 Linwood Ave Waterloo IA 507022328 USA 619 W 11th St Waterloo IA 507021623 USA Page 216of311 328 W 14th St Waterloo IA 507021205 USA 800 SW 4th Ave Independence IA 506442542 USA PO BOX 1902 Waterloo IA 50704 USA 210 Lake Ave Waterloo IA 507035030 USA 312 Oaklawn Ave Waterloo IA 507012529 USA 210 Norimer St Waterloo IA 507012525 USA 1229 W Mount Vernon Rd Waterloo IA 507039652 USA 1236 W MuIlan Ave Waterloo IA 50701 USA 436 Belmont Ave Waterloo IA 507012520 USA 791 Russell Rd APT 207 Waterloo IA 50702 USA 434 Belmont Ave Waterloo IA 507012520 USA 1810 Franklin St Cedar Falls IA 506134016 USA 1419 W 4th St Waterloo IA 50702 USA 2216 Lincoln St LOT 6 Cedar Falls IA 506133263 USA 707 Logan Ave Waterloo IA 50703 USA 1117 W MuIlan Ave Waterloo IA 507012649 USA 132 Elmwood St Waterloo IA 50703 USA 2020 State St Cedar Falls IA 50613 USA 718 W 2nd St Waterloo IA 507015910 USA 722 W 2nd St Waterloo IA 507015910 USA 115 Locust St Waterloo IA 507012643 USA 201 Allen St Waterloo IA 50701 USA 242 Moir St APT 3 Waterloo IA 50701 USA PO BOX 504 Waterloo IA 507040504 USA 1914 Clifton Ave Waterloo IA 507072512 USA PO BOX 1386 Waterloo IA 507041386 USA 711 South St Waterloo IA 50701 USA 3605 Canterbury Ct APT 6 Waterloo IA 50702 USA 203 Elmwood St Waterloo IA 507012641 USA 246 Western Ave Waterloo IA 507012634 USA 612 Keystone St Waterloo IA 50703 USA 205 Denver St Waterloo IA 507012721 USA 308 Baltimore St Waterloo IA 507012626 USA 816 Ravine St Decorah IA 521012254 USA 6804 Ranchero Rd Cedar Falls IA 506139689 USA 415 Denver St APT 1 Waterloo IA 507012702 USA 415 Denver St APT 2 Waterloo IA 507012702 USA PO BOX 1996 Irmo SC 290631996 USA 750 Dawson St Waterloo IA 50703 USA 428 Dawson St Waterloo IA 507033668 USA 816 Ravine St Decorah IA 521012254 USA 1004 W 5th St Waterloo IA 50702 USA 525 Locust St Waterloo IA 507022828 USA 1412 W 3rd St Waterloo IA 507012716 USA PO BOX 1281 Waterloo IA 50704 USA 17 Hill Side Cv Cabot AK 72023 USA 108 Edgemont Cir Waterloo IA 50702 USA PO BOX 122 Waterloo IA 507040122 USA 706 Baltimore St Waterloo IA 507023010 USA Page 217of311 202 E Joliet St Ottawa IL 613502210 USA PO BOX 851 Waterloo IA 507040851 USA 719 W 5th St Waterloo IA 507021539 USA 723 W 5th St Waterloo IA 50702 USA 1419 W 4th St Waterloo IA 507022907 USA 304 1/2 1st Mason City IA 50401 USA PO BOX 316 Janesville IA 506470316 USA 848 Hickory St Waterloo IA 507012029 USA 203 Lafayette St Waterloo IA 50703 USA 800 4th St Little Falls MN 56345 USA 708 W 7th St Waterloo IA 50702 USA 712 W 7th St Waterloo IA 507021514 USA 915 W 3rd St APT 1 Waterloo IA 50702 USA 928 South St Waterloo IA 507021534 USA 902 Western Ave Waterloo IA 507023036 USA 916 Wellington St Waterloo IA 507022206 USA 19 McClurg Ave Stamford CT 069027612 USA 924 Grant Ave Waterloo IA 50702 USA 525 Pleasant St Waterloo IA 507023047 USA 526 Pleasant St Waterloo IA 50701 USA 1112 W 9th St Waterloo IA 507023038 USA 1014 Wellington St Waterloo IA 50702 USA 701 16 th St Waverly IA 50677 USA 416 Reber Ave Waterloo IA 507012864 USA 1129 Randolph St Waterloo IA 507022241 USA 1109 Randolph St Waterloo IA 507022241 USA 627 Nevada St Waterloo IA 50703 USA 821 W 12 North Ave APT 5 Clear Lake IA 50428 USA 410 N Kelly St Shell Rock IA 50670 USA 1302 Leavitt St Waterloo IA 507022310 USA 422 Main St Cedar Falls IA 50613 USA 1219 Dundee Ave Waterloo IA 507012442 USA 1325 Magnolia Pky Waterloo IA 50701 USA 1332 Knoll Ave Waterloo IA 507012451 USA 2812 Iowa Highway 21 Elberon IA 522258725 USA 131 Joder Ave Waterloo IA 507015334 USA 1721 E Ridgeway Ave Waterloo IA 50702 USA 5524 Washington Rd Kenosha Wi 53144 USA 2401 W 3rd St Waterloo IA 507013705 USA 303 Euclid Ave Waterloo IA 507012911 USA 123 Vegas Ct Waterloo IA 507012926 USA 1350 915T St Des Moines IA 50266 USA 139 Moir St Waterloo IA 507012874 USA 111 Marsh St Waterloo IA 507012745 USA 1350 915T St Des Moines IA 50266 USA PO BOX 2402 Waterloo IA 507042402 USA 106 Michigan Dr Elk Run Heights IA 50707 USA 517 Fletcher Ave Waterloo IA 507012943 USA 3188 318TH St Elberon IA 522258765 USA Page 218of311 703 Fletcher Ave Waterloo IA 507012947 USA 425 Reber Ave Waterloo IA 507012824 USA 414 Moir St Waterloo IA 507012821 USA 1268 Westland Ave Waterloo IA 507013257 USA PO BOX 14 Dunkerton IA 506260014 USA 1330 Scott Ave Waterloo IA 507016052 USA 210 2ND AVE OELWEIN IA 50662 USA 804 Sycamore St Muscatine IA 527613947 USA 2106 Buckingham Dr APT 2 Cedar Rapids IA 524051125 USA 1261 Downing Ct Waterloo IA 507013231 USA 1105 Eleanor Dr Waterloo IA 507013418 USA 2421 University Ave Waterloo IA 507012420 USA 1102 Eleanor Dr Waterloo IA 507013419 USA 1720 Black Hawk Rd Waterloo IA 507013604 USA 1451 Huntington Rd Waterloo IA 507013454 USA 600 Sheridan Rd Waterloo IA 507014940 USA 1657 Hawthorne Ave Waterloo IA 507022413 USA 2666 Mulberry Ct Marion IA 52302 USA 1213 Fleur Dr Waterloo IA 507013538 USA PO BOX 489 Conrad IA 506210489 USA 4001 Hawk Ave Cedar Rapids IA 524043188 USA 316 Carrington Ave Waterloo IA 507013620 USA 319 Carrington Ave Waterloo IA 50701 USA 168 Hollywood Ave Waterloo IA 507013680 USA 172 Hollywood Ave Waterloo IA 507013680 USA PO BOX 316 Janesville IA 506470316 USA 856 Lynkaylee Dr Waterloo IA 507014850 USA 3615 Ravenwood Cir APT 2 Waterloo IA 507025500 USA 205 6th St APT 1 Coralville IA 522412560 USA 1937 Washington St APT 15 Davenport IA 52804 USA 915 Loretta Ave Waterloo IA 507024123 USA 2603 Orchard Dr apt 328 Cedar Falls IA 506138610 USA 1828 Pinehurst Ln Waterloo IA 507014529 USA 620 Conger St WATERLOO IA 50703 USA 816 Denver St Waterloo IA 507023046 USA 1128 Baltimore St Waterloo IA 507023225 USA 3539 Pheasant Ln APT 4 Waterloo IA 50701 USA 2831 Irving Ave Iowa City IA 522464156 USA 1429 Baltimore St Waterloo IA 507023313 USA 1315 W 7th St Waterloo IA 507023031 USA 1003 Bertch AVE Waterloo IA 50702 USA 2725 St Francis Dr APT 1 Waterloo IA 50702 USA 930 W 1st St Waterloo IA 50701 USA 510 Magnolia Pky Waterloo IA 50701 USA 806 Hawthorne Ave Waterloo IA 507023253 USA 5551 SW 18th Ter Bushnell FL 335134459 USA 1158 Wren Rd Waterloo IA 50701 USA 1154 Williston Ave Waterloo IA 50702 USA 1203 Bertch Ave Waterloo IA 507023126 USA Page 219of311 PO BOX 453 Hudson IA 50643 USA PO BOX 2094 Waterloo IA 507042094 USA 1302 Forest Ave Waterloo IA 507022341 USA 117 Hidden Valley Rd Mc Murray PA 153172603 USA 3120 Homeway Dr Cedar Falls IA 506135216 USA 1114 Clair St Cedar Falls IA 506131414 USA 406 E Newago St Radcliffe IA 502301005 USA 2325 Jamestown Ave Independence IA 50644 USA 321 Reber Ave Waterloo IA 507012701 USA 4014 Mark Dr Waterloo IA 50701 USA 5774 Nectar Ave Hemet CA 925444544 USA 1151 Bourland Ave Waterloo IA 507023338 USA 916 Wisconsin St Waterloo IA 50702 USA 209 W 5TH ST APT 318 Waterloo IA 50701 USA 581 Ashton PI UNIT 6 Cedar Rapids IA 52402 USA 2418 W 7th St Waterloo IA 507023908 USA 1902 King Ave Des Moines IA 503201230 USA 3510 Kimball Ave Waterloo IA 507025760 USA 1116 Easton Ave Waterloo IA 507024043 USA 817 Cloverdale Ave Waterloo IA 507031103 USA 727 Maplewood Dr APT 101 Cedar Falls IA 50613 USA 2204 Johnson Ave Cedar Rapids IA 524054732 USA 1123 Lantern Sq Apt 2 Waterloo IA 50701 USA 1520 Bertch Ave Waterloo IA 507021706 USA 1428 Hawthorne Ave Waterloo IA 507022354 USA 1927 Spring View St Waterloo IA 50707 USA 1538 Glenny Ave Waterloo IA 507022406 USA 1416 W 11th St Waterloo IA 507022528 USA 1551 Patton Ave Waterloo IA 507022510 USA 1340 Whipple Ct North Liberty IA 52317 USA 1615 E Mitchell Ave Waterloo IA 50702 USA 1838 Patton Ave Waterloo IA 507022517 USA 1333 LEAVITT ST Waterloo IA 50702 USA 516 W MuIlan Ave APT 7 Waterloo IA 507011500 USA 1625 W 11th St Waterloo IA 507022630 USA 1319 Ravenwood Dr. APT 5 Waterloo IA 50702 USA 1112 Amherst Ave Waterloo IA 507022633 USA 1145 Oregon St Waterloo IA 507022646 USA 1910 E Mitchell Ave Waterloo IA 507021815 USA 3270 W 4th St APT 4 Waterloo IA 50701 USA 1426 Shamrock Dr APT 15 Waterloo IA 507019340 USA 1416 Oleson Rd APT 8 Waterloo IA 507024287 USA 1912 Locke Ave Waterloo IA 507022615 USA 1522 Wisconsin St Waterloo IA 50702 USA 222 Maple Ln Dunkerton IA 50626 USA 2085 Howard Ave Waterloo IA 507022766 USA 4424 Logan Ave Waterloo IA 507039693 USA 4344 Logan Ave Waterloo IA 507039705 USA Page 220 of 311 Service Address Sewer Storm Water Garbage Amount Amount Amount 3445 E SHAULIS RD WATERLOO IA 507024727 USA $ $ 36.35 $ 138.86 4039 MCKELLAR RD WATERLOO IA 507024930 USA $ - $ 53.40 $ 301.07 3929 MEMORY LN WATERLOO IA 50701 USA $ 64.37 $ 12.42 $ 3133 TULIP LN WATERLOO IA 507019126 USA $ - $ 8.66 $ 5.48 5711 DAHLIA BLVD WATERLOO IA 507019119 USA $ 35.86 $ 15.17 $ 55.51 1026 FLAMMANG DR WATERLOO IA 507024308 USA $ - $ 9.53 $ 34.13 2502 BALTIMORE ST WATERLOO IA 507025104 USA $ 42.67 $ 13.83 $ 15.29 1133 LINDNER DR WATERLOO IA 507023626 USA $ 96.11 $ 19.34 $ 43.86 3256 HAMMOND AVE WATERLOO IA 507025342 USA $ 26.60 $ - $ 2728 FAIRLANE AVE WATERLOO IA 507025817 USA $ 38.00 $ 7.33 $ 3441 ROSEHILLTER WATERLOO IA 507014713 USA $ 20.69 $ 7.52 $ 15.37 1187 RIDGEMONT RD WATERLOO IA 507014841 USA $ 29.43 $ - $ 23.25 934 COLBY RD WATERLOO IA 507015204 USA $ 281.94 $ 32.40 $ 188.01 3705 PHEASANT LN APT 5 WATERLOO IA 50701 USA $ 47.03 $ 9.08 $ 3220 WEST RIDGE DR WATERLOO IA 507014646 USA $ 15.41 $ 8.98 $ 14.10 4936 FOSTORIA DR WATERLOO IA 507019205 USA $ - $ 8.98 $ 2760 PRESCOTTS DR WATERLOO IA 507019212 USA $ 46.19 $ 18.56 $ 34.58 4629 W 4TH ST WATERLOO IA 507019734 USA $ 237.21 $ 36.35 $ 138.86 4101 HAMMOND AVE WATERLOO IA 507029279 USA $ 400.72 $ 30.82 $ 1045 SOUTHTOWN DR WATERLOO IA 50702 USA $ 134.47 $ 282.97 $ 5482 SUMMERLAND DR WATERLOO IA 50701 USA $ 22.44 $ 13.98 $ 23.38 5804 APPLEWOOD DR WATERLOO IA 507019416 USA $ 42.75 $ 8.25 $ 40.50 5006 MERCEDES BN WATERLOO IA 50701 USA $ 15.68 $ - $ 19.73 1605 NEWELL ST WATERLOO IA 507074103 USA $ 155.83 $ 35.05 $ 114.75 1516 NEWELL ST WATERLOO IA 507074102 USA $ 47.03 $ 35.05 $ 51.16 255 ANTHONY ST WATERLOO IA 507072201 USA $ - $ 10.27 $ 20.40 1732 NEWELL ST WATERLOO IA 507074106 USA $ 55.97 $ 13.70 $ 47.25 2222 IDAHO ST WATERLOO IA 507072234 USA $ 133.12 $ 36.71 $ 104.94 2126 IDAHO ST WATERLOO IA 507072232 USA $ 47.03 $ 35.05 $ 34.66 2026 PLAIN VIEW ST WATERLOO IA 507072324 USA $ 145.83 $ 36.71 $ 162.70 626 SOUTH VIEW DR WATERLOO IA 507072336 USA $ 11.68 $ 11.46 $ 26.25 722 SOUTH VIEW DR WATERLOO IA 507072338 USA $ 57.28 $ 11.34 $ 40.69 600 ALBANY ST WATERLOO IA 507033310 USA $ 46.04 $ 34.46 $ 100.29 1443 VINE ST WATERLOO IA 507034345 USA $ 109.97 $ 17.73 $ 99.99 1427 VINE ST WATERLOO IA 507034345 USA $ 79.49 $ 25.89 $ 68.89 914 LINDEN AVE WATERLOO IA 507034121 USA $ 62.97 $ 5.68 $ 32.03 1104 VINE ST WATERLOO IA 507034254 USA $ 2,051.43 $ 34.64 $ 71.76 Page 221 of 311 848 LINDEN AVE WATERLOO IA 507034119 USA $ 91.05 $ 8.16 $ 45.98 149 MOHAWK ST WATERLOO IA 507034138 USA $ - $ - $ 73.46 818 LINDEN AVE WATERLOO IA 507034119 USA $ 39.12 $ 14.71 $ 52.93 132 ALTA VISTA AVE WATERLOO IA 507034220 USA $ 45.53 $ 8.98 $ 346 ALTA VISTA AVE WATERLOO IA 507034312 USA $ 70.68 $ 16.91 $ 46.80 33 HALLOWELL RD WATERLOO IA 507072565 USA $ 47.89 $ 222.57 $ 2151 INDEPENDENCE AVE WATERLOO IA 507072531 USA $ 47.97 $ 18.97 $ 42.46 2260 INDEPENDENCE AVE WATERLOO IA 507072660 USA $ 62.04 $ 42.01 $ 1037 CRESTON AVE WATERLOO IA 507072736 USA $ 8.31 $ 6.33 $ 5.65 2732 INDEPENDENCE AVE WATERLOO IA 507072628 USA $ 11.88 $ $ 7.50 2944 INDEPENDENCE AVE WATERLOO IA 507072632 USA $ 237.21 $ 36.35 $ 138.86 3203 ROCKY RD WATERLOO IA 507072640 USA $ 119.66 $ 17.42 $ 66.52 3219 FRANKLIN ST WATERLOO IA 507072615 USA $ 14.72 $ 2.84 $ 16.02 3215 FRANKLIN ST WATERLOO IA 507072615 USA $ 44.89 $ 34.64 $ 86.63 306 SKYVIEW RD WATERLOO IA 507072842 USA $ 12.83 $ 6.60 $ 21.15 344 SKYVIEW RD WATERLOO IA 507072831 USA $ - $ 36.35 $ 117.82 1327 SHULTZ ST WATERLOO IA 507074033 USA $ 48.45 $ 18.42 $ 52.58 900 FULTON ST WATERLOO IA 50707 USA $ - $ 25.98 $ 99.24 1056 INDEPENDENCE AVE WATERLOO IA 507034206 USA $ 44.89 $ 34.64 $ 28.35 815 NEVADA ST WATERLOO IA 50703 USA $ 9.50 $ - $ 2023 MULBERRY ST WATERLOO IA 507035105 USA $ 54.54 $ 5.68 $ 21.70 2111 MULBERRY ST WATERLOO IA 507035107 USA $ 62.50 $ 30.66 $ 248.39 321 MADISON ST WATERLOO IA 507034339 USA $ 149.39 $ 28.71 $ 91.00 220 MADISON ST WATERLOO IA 507034240 USA $ 147.33 $ 38.49 $ 91.89 230 MONROE ST WATERLOO IA 507034210 USA $ 91.92 $ 26.39 $ 81.33 207 POLK ST WATERLOO IA 507034217 USA $ 26.87 $ 11.55 $ 14.10 317 POLK ST WATERLOO IA 507034309 USA $ 34.42 $ 8.66 $ 47.96 147 FRENCH ST WATERLOO IA 507035429 USA $ 45.84 $ 8.48 $ 32.38 522 ARCHER AVE WATERLOO IA 507035120 USA $ 92.19 $ 17.33 $ 66.15 526 ARCHER AVE WATERLOO IA 507035120 USA $ 89.78 $ 24.53 $ 247.90 550 ARCHER AVE WATERLOO IA 507035120 USA $ 47.89 $ 21.54 $ 40.36 114 BUTLER AVE WATERLOO IA 507035062 USA $ 44.89 $ 8.66 $ 33.08 1903 LAFAYETTE ST WATERLOO IA 507032549 USA $ 54.92 $ 16.45 $ 80.70 227 STATE ST WATERLOO IA 507035113 USA $ 305.38 $ 11.50 $ 52.48 727 INDIANA ST WATERLOO IA 507035241 USA $ 139.26 $ 18.88 $ 72.11 321 DEARBORN AVE WATERLOO IA 507035229 USA $ 1,213.66 $ 34.64 $ 56.60 2006 LAFAYETTE ST WATERLOO IA 507035135 USA $ 23.12 $ - $ 18.03 609 INDIANA ST WATERLOO IA 507035239 USA $ 102.62 $ 17.78 $ 100.24 2170 LAFAYETTE ST WATERLOO IA 507035138 USA $ 60.82 $ 13.79 $ 47.76 2174 LAFAYETTE ST WATERLOO IA 507035157 USA $ 8.08 $ $ Page 222 of 311 338 GLENDALE ST WATERLOO IA 507035134 USA $ 2.65 $ 58.30 $ 3.08 115 WYCOMBE ST WATERLOO IA 507035257 USA $ 10.28 $ 11.37 $ 46.47 320 IDAHO ST WATERLOO IA 507035340 USA $ 44.89 $ 8.66 $ 33.08 605 WYOMING ST WATERLOO IA 507035353 USA $ 75.81 $ 34.64 $ 56.60 2825 LAFAYETTE ST WATERLOO IA 507035311 USA $ 58.24 $ 19.11 $ 34.58 2706 LAFAYETTE ST WATERLOO IA 507035346 USA $ 44.89 $ 16.13 $ 33.08 366 CALIFORNIA ST WATERLOO IA 507035330 USA $ 32.58 $ 14.07 $ 23.73 2800 LAFAYETTE ST WATERLOO IA 507035312 USA $ 7.13 $ - $ 7.23 56 ZUMA ST WATERLOO IA 507035322 USA $ 105.71 $ 17.73 $ 87.09 18 FAY ST WATERLOO IA 507035308 USA $ 154.33 $ 89.07 $ 3358 LOGAN AVE WATERLOO IA 507031030 USA $ - $ 19.22 $ 67.74 1330 W AIRLINE HWY WATERLOO IA 507039628 USA $ 237.21 $ 36.35 $ 138.86 3137 BURTON AVE WATERLOO IA 507039439 USA $ - $ 53.57 $ 165.32 707 SHERIDAN RD WATERLOO IA 507014941 USA $ 47.03 $ 35.05 $ 34.66 2929 SPRUCE LN WATERLOO IA 507039681 USA $ 235.32 $ 36.06 $ 177.26 1542 HYPERION DR WATERLOO IA 507031388 USA $ 85.45 $ 21.90 $ 227.16 1658 HYPERION DR WATERLOO IA 507031340 USA $ 136.81 $ 26.39 $ 100.82 1641 CHERRY HILLS DR WATERLOO IA 507031313 USA $ - $ 8.98 $ 39.72 1542 WOODMAYR DR WATERLOO IA 507031356 USA $ 134.67 $ 34.23 $ 99.24 716 HALL AVE WATERLOO IA 507031426 USA $ 29.93 $ 5.78 $ 1025 MIDLAND ST WATERLOO IA 507031447 USA $ - $ - $ 10.25 422 W DONALD ST WATERLOO IA 507031224 USA $ 121.71 $ 19.24 $ 108.51 432 W DONALD ST WATERLOO IA 507031224 USA $ - $ 6.71 $ 19.17 2133 LOGAN AVE WATERLOO IA 507031005 USA $ 47.06 $ 15.67 $ 75.43 4015 NILES ST WATERLOO IA 507031535 USA $ 10.13 $ $ 10.80 731 HOPE AVE WATERLOO IA 507032050 USA $ 13.30 $ - $ 12.15 736 HOPE AVE WATERLOO IA 507032051 USA $ 111.34 $ 14.71 $ 135.85 736 SHERMAN AVE WATERLOO IA 507032061 USA $ 12.58 $ 5.67 $ 2829E 4TH ST WATERLOO IA 507032012 USA $ 44.73 $ 9.63 $ 24.25 1710 LOGAN AVE WATERLOO IA 507031915 USA $ 27.19 $ 14.89 $ 70.21 1720 LOGAN AVE WATERLOO IA 507031915 USA $ 38.38 $ 5.51 $ 15.00 1732 LOGAN AVE WATERLOO IA 507031915 USA $ 44.89 $ 8.66 $ 33.08 323 E LOUISE ST WATERLOO IA 507032052 USA $ 89.31 $ 17.23 $ 47.61 626 BOSTON AVE WATERLOO IA 507032037 USA $ 21.98 $ 7.84 $ 642 BOSTON AVE WATERLOO IA 507032037 USA $ 91.92 $ 25.98 $ 157.79 544 SHERMAN AVE WATERLOO IA 507032033 USA $ 78.30 $ 19.78 $ 58.03 534 BOSTON AVE WATERLOO IA 507032035 USA $ 29.18 $ 15.17 $ 55.51 437 HOPE AVE WATERLOO IA 507032024 USA $ 103.62 $ 25.98 $ 137.89 436 BOSTON AVE WATERLOO IA 507032019 USA $ 133.01 $ 26.76 $ 111.46 246 SHERMAN AVE WATERLOO IA 507032541 USA $ 47.03 $ 35.05 $ 29.70 Page 223 of 311 240 BOSTON AVE WATERLOO IA 507032510 USA $ 62.23 $ 12.01 $ 67.68 326 CHARLES ST WATERLOO IA 507032618 USA $ 18.45 $ 17.32 $ 7.70 1211 N BARCLAY ST WATERLOO IA 507032671 USA $ 38.94 $ 13.93 $ 31.50 56 E PARKER ST WATERLOO IA 507032522 USA $ 5.40 $ 7.84 $ 29.93 108E PARKER ST WATERLOO IA 507032524 USA $ 134.11 $ 13.75 $ 145.00 1925E 4TH ST WATERLOO IA 507032605 USA $ 47.03 $ 35.05 $ 34.66 1038 LOGAN AVE WATERLOO IA 507032462 USA $ 45.42 $ 18.10 $ 24.08 103 HAWVER CT WATERLOO IA 507032515 USA $ 47.03 $ 35.05 $ 51.16 101 RICKER ST WATERLOO IA 507032525 USA $ 92.75 $ 8.75 $ 33.43 107 RICKER ST WATERLOO IA 507032525 USA $ 133.02 $ 13.93 $ 18.01 508 ANKENY ST WATERLOO IA 507032502 USA $ 31.47 $ 15.35 $ 45.38 128 MOSLEY ST WATERLOO IA 507032520 USA $ 63.61 $ 18.19 $ 161.88 405 GABLE ST WATERLOO IA 507032625 USA $ 36.49 $ 8.20 $ 40.28 231 RICKER ST WATERLOO IA 507032659 USA $ 9.50 $ - $ 325 RICKER ST WATERLOO IA 507032661 USA $ 17.10 $ - $ 12.95 212 RICKER ST WATERLOO IA 507032660 USA $ 144.97 $ 27.59 $ 60.30 232 RICKER ST WATERLOO IA 507032660 USA $ 38.38 $ 5.51 $ 6.00 605 GABLE ST WATERLOO IA 507032711 USA $ 47.88 $ 10.11 $ 38.59 205 KOTHE AVE WATERLOO IA 507032245 USA $ 54.70 $ 11.23 $ 63.83 1303 GRANDVIEW AVE WATERLOO IA 507032241 USA $ - $ 8.53 $ 22.95 600 W PARKER ST WATERLOO IA 507035860 USA $ 32.77 $ 11.62 $ 39.97 940 KERN ST WATERLOO IA 507032146 USA $ - $ 9.91 $ 25.86 806 DAWSON ST WATERLOO IA 507035630 USA $ 3.44 $ 7.47 $ 42.11 918 RIEHL ST WATERLOO IA 507032124 USA $ 212.98 $ 16.61 $ 150.66 709 W PARKER ST WATERLOO IA 507032253 USA $ 97.38 $ 25.98 $ 74.21 632 NEWTON ST WATERLOO IA 507035858 USA $ 103.92 $ 18.29 $ 123.03 731 NEWTON ST WATERLOO IA 507032249 USA $ 11.61 $ 34.94 $ 7.70 652 KERN ST WATERLOO IA 507035854 USA $ 37.74 $ 17.22 $ 58.27 712 DAWSON ST WATERLOO IA 507035628 USA $ 54.27 $ 17.32 $ 55.06 917 FAIRVIEW AVE WATERLOO IA 507035849 USA $ 25.66 $ 11.36 $ 51.16 650 DAWSON ST WATERLOO IA 507035846 USA $ 50.94 $ 19.48 $ 58.38 643 KERN ST WATERLOO IA 507035853 USA $ 26.12 $ 9.53 $ 661 DAWSON ST WATERLOO IA 507035845 USA $ 43.22 $ 8.52 $ 48.57 1213 ACKERMANT ST WATERLOO IA 507032305 USA $ 40.25 $ 10.70 $ 14.70 1209 ACKERMANT ST WATERLOO IA 507032305 USA $ 7.60 $ - $ 1222 ACKERMANT ST WATERLOO IA 507032306 USA $ - $ 8.57 $ 23.93 1240 ACKERMANT ST WATERLOO IA 507032306 USA $ 27.67 $ 14.99 $ 70.83 1151 COLUMBIA ST WATERLOO IA 507032311 USA $ 90.50 $ 18.83 $ 41.93 1111 COLUMBIA ST WATERLOO IA 507032311 USA $ 18.52 $ - $ 1201 LINCOLN ST WATERLOO IA 507032431 USA $ 44.89 $ 34.64 $ 48.83 Page 224 of 311 1236 LINCOLN ST WATERLOO IA 570032432 USA $ $ 7.79 $ 13.57 1242 LINCOLN ST WATERLOO IA 507032432 USA $ 48.82 $ 24.31 $ 61.76 500 REED ST WATERLOO IA 507032448 USA $ 20.80 $ 8.62 $ 27.97 536 REED ST WATERLOO IA 507032448 USA $ 20.73 $ 9.85 $ 1.58 516 CUTLER ST WATERLOO IA 507032454 USA $ 59.15 $ 10.08 $ 67.83 1123 LINCOLN ST WATERLOO IA 507032429 USA $ 62.11 $ 9.53 $ 37.56 154 W PARKER ST WATERLOO IA 507032434 USA $ 52.63 $ 17.28 $ 26.55 420 REED ST WATERLOO IA 507032446 USA $ 34.46 $ 15.72 $ 30.03 1225 LOGAN AVE WATERLOO IA 507032535 USA $ 66.32 $ 15.12 $ 55.26 1201 LOGAN AVE WATERLOO IA 507032535 USA $ 47.53 $ 13.83 $ 48.53 122 W PARKER ST WATERLOO IA 507032434 USA $ 89.78 $ 17.32 $ 66.16 416 CUTLER ST WATERLOO IA 507032452 USA $ 18.52 $ - $ 1030 ACKERMANT ST WATERLOO IA 507032302 USA $ 47.52 $ 6.83 $ 31.20 528 DAWSON ST WATERLOO IA 507035826 USA $ 98.87 $ 16.54 $ 204.57 903 BROADWAY ST WATERLOO IA 507035815 USA $ 50.03 $ 218.57 $ 822 FAIRVIEW AVE WATERLOO IA 507035848 USA $ 106.04 $ 27.31 $ 67.66 549 DAWSON ST WATERLOO IA 507035825 USA $ $ 5.91 $ 21.77 541 DAWSON ST WATERLOO IA 507035825 USA $ 262.43 $ 25.98 $ 105.41 532 RIEHL ST WATERLOO IA 507035840 USA $ 104.49 $ 18.65 $ 95.50 431 DAWSON ST WATERLOO IA 507033667 USA $ 89.78 $ 17.32 $ 66.16 406 RIEHL ST WATERLOO IA 507033666 USA $ 30.84 $ - $ 9.60 1036 COLUMBIA ST WATERLOO IA 507032310 USA $ 19.48 $ $ 14.35 210 KERN ST WATERLOO IA 507032422 USA $ 44.89 $ 34.64 $ 33.08 310 REED ST WATERLOO IA 507032444 USA $ 55.42 $ 15.82 $ 30.80 326 REED ST WATERLOO IA 507032444 USA $ 53.20 $ 10.27 $ 46.50 107 REED ST WATERLOO IA 507032439 USA $ $ 9.76 $ 7.28 116 CONGER ST WATERLOO IA 507032408 USA $ 196.86 $ 34.64 $ 155.27 1333 W DONALD ST WATERLOO IA 507031621 USA $ 90.84 $ 27.17 $ 103.44 1269 W DONALD ST WATERLOO IA 507031619 USA $ 101.24 $ 34.64 $ 27.00 1102 LONGFELLOW AVE WATERLOO IA 507031721 USA $ 124.31 $ 25.43 $ 124.89 1011 LONGFELLOW AVE WATERLOO IA 507031718 USA $ 223.79 $ 27.95 $ 76.76 314 POPLAR AVE WATERLOO IA 507035560 USA $ 178.08 $ 27.41 $ 134.56 1033 W PARKER ST WATERLOO IA 507032121 USA $ 97.02 $ 17.32 $ 97.66 1149 NEWTON ST WATERLOO IA 507031724 USA $ 61.98 $ 14.62 $ 150.76 200 LEONARD AVE WATERLOO IA 507032160 USA $ 47.05 $ 35.10 $ 89.71 1308 RIEHL ST WATERLOO IA 507035512 USA $ 11.88 $ $ 152 GREENWOOD AVE WATERLOO IA 507011123 USA $ $ 35.05 $ 76.10 114 AMITY DR WATERLOO IA 507011001 USA $ 8.43 $ 11.00 $ 28.50 115 AMITY DR WATERLOO IA 507011001 USA $ 24.12 $ 8.80 $ 13.20 227 N HACKETT RD WATERLOO IA 507011128 USA $ $ 9.07 $ 23.31 435 PROGRESS AVE WATERLOO IA 507015615 USA $ 28.78 $ 13.34 $ 20.93 3848 JAY LN WATERLOO IA 50701 USA $ 15.79 $ 12.69 $ 18.48 727 PROGRESS AVE WATERLOO IA 507012692 USA $ 202.65 $ 34.64 $ 198.85 815 PROGRESS AVE WATERLOO IA 507013111 USA $ 82.24 $ 16.77 $ 34.06 905 PROGRESS AVE WATERLOO IA 507013112 USA $ 110.54 $ 34.64 $ 105.54 144 LETSCH RD WATERLOO IA 507011747 USA $ 6.65 $ - $ Page 225 of 311 155 LETSCH RD WATERLOO IA 507011746 USA $ 283.13 $ 23.74 $ 129.73 1204 PLEASANT VALLEY DR WATERLOO IA 507011805 USA $ 62.39 $ 11.95 $ 71.32 400 ARDMORE ST WATERLOO IA 507011902 USA $ 39.78 $ 22.18 $ 67.66 1107 RAINBOW DR WATERLOO IA 507015706 USA $ 266.01 $ 48.96 $ 160.20 1111 RAINBOW DR WATERLOO IA 50701 USA $ 308.33 $ 48.96 $ 163.80 235 JOY DR WATERLOO IA 507011823 USA $ 47.97 $ 9.17 $ 325 JOY DR WATERLOO IA 50701 USA $ $ 6.65 $ 25.51 1901 UPTON AVE WATERLOO IA 507011714 USA $ 81.73 $ 18.28 $ 13.48 1810 CARRIAGE HILL DR WATERLOO IA 507011705 USA $ 3.17 $ 9.39 $ 1823 CARRIAGE HILL DR WATERLOO IA 507011704 USA $ 51.07 $ 17.46 $ 3.08 1711 CARRIAGE HILL DR WATERLOO IA 507012016 USA $ 46.84 $ 6.38 $ 15.23 1786 FLOWER ST WATERLOO IA 507013207 USA $ 91.92 $ 34.64 $ 34.66 636 HICKORY ST WATERLOO IA 507012025 USA $ 25.97 $ 9.07 $ 61.06 1102 BAUCH ST WATERLOO IA 507011941 USA $ 33.25 $ 6.56 $ 24.50 540 UPTON AVE WATERLOO IA 507012124 USA $ 33.25 $ 6.42 $ 36.17 1111 RIEHL ST WATERLOO IA 507035507 USA $ 49.72 $ 8.66 $ 97.65 116 LINDALE AVE WATERLOO IA 507035516 USA $ $ 8.89 $ 526 EVERGREEN AVE WATERLOO IA 507012106 USA $ 36.08 $ $ 15.40 519 KIRKWOOD AVE WATERLOO IA 507012107 USA $ 55.28 $ 20.53 $ 48.41 516 STRATFORD AVE WATERLOO IA 507015832 USA $ 42.75 $ 8.25 $ 31.50 525 EVERGREEN AVE WATERLOO IA 507012105 USA $ 605.03 $ 33.22 $ 531.73 710 KIRKWOOD AVE WATERLOO IA 507012208 USA $ 14.72 $ $ 10.85 625 WALLGATE AVE WATERLOO IA 507015839 USA $ $ 9.03 $ 13.05 703 MAGNOLIA PKY WATERLOO IA 507012209 USA $ 56.77 $ 10.95 $ 33.08 732 ENGLEWOOD AVE WATERLOO IA 507016134 USA $ 101.04 $ 13.79 $ 67.73 711 WALLGATE AVE WATERLOO IA 507016135 USA $ 52.14 $ $ 6.30 1040 DUNDEE AVE WATERLOO IA 507012218 USA $ $ 10.13 $ 25.55 1053 DUNDEE AVE WATERLOO IA 507012217 USA $ 89.78 $ 17.32 $ 32.55 821 KNOLL AVE WATERLOO IA 507016122 USA $ 91.92 $ 34.64 $ 67.74 110 FLETCHER AVE WATERLOO IA 507016104 USA $ 127.30 $ 73.71 $ 211 HARWOOD AVE WATERLOO IA 507016114 USA $ 123.64 $ 17.00 $ 64.93 1820 FALLS AVE WATERLOO IA 507012325 USA $ 18.16 $ 13.15 $ 20.23 1733 FALLS AVE WATERLOO IA 507012322 USA $ 9.86 $ 17.60 $ 33.65 112 HARTMAN AVE WATERLOO IA 507012329 USA $ 122.55 $ 20.62 $ 71.26 604 BURTON AVE WATERLOO IA 507035641 USA $ 101.08 $ 37.78 $ 39.35 431 RIEHL ST WATERLOO IA 507033665 USA $ 143.75 $ 24.84 $ 91.96 440 CONGER ST WATERLOO IA 507033658 USA $ 191.22 $ 18.56 $ 131.63 447 COLUMBIA ST WATERLOO IA 507033621 USA $ 44.89 $ 8.66 $ 48.83 428 BRATNOBER ST WATERLOO IA 507033610 USA $ 175.96 $ 35.05 $ 158.66 236 CONGER ST WATERLOO IA 507032470 USA $ 44.89 $ 34.64 $ 33.08 835 LOGAN AVE WATERLOO IA 507032401 USA $ 159.01 $ 22.82 $ 98.66 315 CONGER ST WATERLOO IA 507033655 USA $ 44.89 $ 8.66 $ 48.83 601 LINCOLN ST WATERLOO IA 507033639 USA $ 10.03 $ 9.81 $ 25.28 233 CENTER ST WATERLOO IA 507033611 USA $ 35.70 $ 14.11 $ 49.58 707 LOGAN AVE WATERLOO IA 507033739 USA $ 8.37 $ 8.74 $ 49.24 553 BRATNOBER ST WATERLOO IA 507035801 USA $ 6.51 $ 11.64 $ 36.13 307 BRATNOBER ST WATERLOO IA 507033607 USA $ 162.15 $ 30.01 $ 150.11 310 COLUMBIA ST WATERLOO IA 507033620 USA $ 88.17 $ 17.32 $ 116.56 129 CHESTNUT ST WATERLOO IA 507033733 USA $ 51.49 $ 13.07 $ 38.31 Page 226 of 311 316 PARK RD WATERLOO IA 507033644 USA 411 LOGAN AVE WATERLOO IA 507033725 USA 51 MULBERRY ST WATERLOO IA 507033405 USA 71 FRANKLIN ST WATERLOO IA 507033709 USA 50 LAFAYETTE ST WATERLOO IA 507033402 USA 62 LAFAYETTE ST WATERLOO IA 507033402 USA 327 E MULLAN AVE WATERLOO IA 507033411 USA 87 LAFAYETTE ST WATERLOO IA 507033425 USA 217 E 1ST ST WATERLOO IA 507034601 USA 219 LAFAYETTE ST WATERLOO IA 507034613 USA 207 LAFAYETTE ST WATERLOO IA 507034613 USA 422 ANKENY ST WATERLOO IA 507033017 USA 121 1/2 QUINCY ST WATERLOO IA 507033023 USA 318 WENDELL CT WATERLOO IA 507033036 USA 425 WEBSTER ST WATERLOO IA 507033125 USA 301 WEBSTER ST WATERLOO IA 507033125 USA 212 WEBSTER ST WATERLOO IA 507033034 USA 302 ADAMS ST WATERLOO IA 507033102 USA 327 COTTAGE ST WATERLOO IA 507033110 USA 305 COTTAGE ST WATERLOO IA 50703 USA 521 DANE ST WATERLOO IA 507033833 USA 203 HARRISON ST WATERLOO IA 507033715 USA 332 SAXON ST WATERLOO IA 507033839 USA 1208 E 4TH ST WATERLOO IA 507033002 USA 202 SUMNER ST WATERLOO IA 507033848 USA 211 MANSON ST WATERLOO IA 507033151 USA 305 N BARCLAY ST WATERLOO IA 50703 USA 702 N BARCLAY ST WATERLOO IA 507033144 USA 606 N BARCLAY ST WATERLOO IA 507033109 USA 613 COTTAGE ST WATERLOO IA 507032801 USA 515 COTTAGE ST WATERLOO IA 507032701 USA 713 COTTAGE ST WATERLOO IA 507032803 USA 707 COTTAGE ST WATERLOO IA 507032803 USA 1215 BEECH ST WATERLOO IA 507033331 USA 1224 BEECH ST WATERLOO IA 507033332 USA 614 COTTAGE ST WATERLOO IA 507032802 USA 710 COTTAGE ST WATERLOO IA 50703 USA 627 SUMNER ST WATERLOO IA 507032849 USA 532 SUMNER ST WATERLOO IA 507032806 USA 618 SUMNER ST WATERLOO IA 507032850 USA 241 JACKSON ST WATERLOO IA 507032805 USA 406 ONEIDA ST WATERLOO IA 50703 USA 919 ONEIDA ST WATERLOO IA 507033355 USA 719 BEECH ST WATERLOO IA 507033321 USA 540 ASH ST WATERLOO IA 507033214 USA 723 WILLOW ST WATERLOO IA 507033365 USA 210 ARGYLE ST WATERLOO IA 507033708 USA 811 E 4TH ST WATERLOO IA 507033924 USA 213 MULBERRY ST WATERLOO IA 507033505 USA $ 42.75 $ 8.25 $ 46.50 $ 9.50 $ $ 14.47 $ 235.14 $ 52.82 $ 160.97 $ 44.89 $ 34.64 $ 33.08 $ 44.89 $ 34.64 $ 33.08 $ 59.47 $ 24.12 $ 31.43 $ 44.89 $ 37.76 $ 61.40 $ 13.77 $ $ $ 14.04 $ 6.42 $ $ 85.94 $ 8.66 $ 66.15 $ 90.85 $ 21.35 $ 90.12 $ 109.92 $ 25.86 $ 242.70 $ 44.89 $ 35.31 $ 35.65 $ 28.42 $ 6.97 $ 9.27 $ 177.17 $ 40.97 $ 275.31 $ 26.03 $ 11.46 $ 43.75 $ 107.50 $ 15.33 $ 12.30 $ 75.15 $ 12.28 $ 60.30 $ 392.92 $ 27.72 $ 119.59 $ 251.54 $ 30.66 $ 149.14 $ 698.87 $ 48.33 $ $ 80.31 $ 17.32 $ 51.03 $ 55.49 $ 14.07 $ 23.73 $ 89.78 $ 17.32 $ 66.16 $ 50.03 $ 129.82 $ 36.87 $ 10.58 $ $ 18.20 $ 26.49 $ 9.62 $ 17.05 $ 65.43 $ 22.27 $ 55.06 $ 44.89 $ 8.66 $ 33.08 $ 204.28 $ 8.66 $ 33.08 $ 83.00 $ 28.78 $ 73.61 $ 42.74 $ $ 15.40 $ 61.42 $ 13.29 $ 44.92 $ 21.13 $ 14.02 $ 16.20 $ 186.01 $ 35.70 $ 106.34 $ 15.20 $ $ 11.20 $ 55.82 $ 11.36 $ 42.88 $ 82.85 $ 17.32 $ 66.16 $ 232.53 $ 53.11 $ 187.82 $ 18.05 $ $ 15.40 $ 52.61 $ 15.63 $ 29.68 $ 23.59 $ 6.78 $ 15.63 $ 56.33 $ 15.27 $ 57.19 $ 73.94 $ 18.01 $ 180.26 $ 132.53 $ 25.57 $ 144.16 $ 99.99 $ 25.43 $ 67.14 $ 91.59 $ 17.73 $ 99.99 $ 50.03 $ 110.92 $ $ 199.31 $ 51.74 $ 334.37 Page 227 of 311 514 E 2ND ST WATERLOO IA 507033510 USA $ 175.28 $ 30.75 $ 206.91 806 WALNUT ST WATERLOO IA 507033920 USA $ 260.50 $ 36.05 $ 376.36 221 ASH ST WATERLOO IA 507033211 USA $ 16.62 $ 6.87 $ 33.75 708 MOBILE ST WATERLOO IA 507033230 USA $ 273.94 $ 25.17 $ 137.17 424 DOUGLAS ST WATERLOO IA 50703 USA $ 47.03 $ 34.64 $ 34.66 425 GLENWOOD ST WATERLOO IA 507034061 USA $ 36.56 $ 15.94 $ 59.91 314 IRVING ST WATERLOO IA 507033914 USA $ 101.82 $ 19.39 $ 79.28 136 SMITH ST WATERLOO IA 507034027 USA $ 181.54 $ 17.32 $ 195.30 440 CHERRY ST WATERLOO IA 507034002 USA $ 14.68 $ 8.71 $ 502 MOBILE ST WATERLOO IA 507034025 USA $ 88.43 $ 64.95 $ 231.10 537 INDEPENDENCE AVE WATERLOO IA 507034137 USA $ 79.84 $ 19.06 $ 115.60 409E 8TH ST WATERLOO IA 507034405 USA $ 131.73 $ 34.60 $ 102.14 322E 8TH ST WATERLOO IA 507034406 USA $ 47.03 $ 35.05 $ 64.36 1107 MULBERRY ST WATERLOO IA 507034435 USA $ 148.30 $ 18.83 $ 91.05 188 W 10TH ST WATERLOO IA 50702 USA $ 85.45 $ 15.33 $ 27.93 1103 COMMERCIAL ST WATERLOO IA 507021044 USA $ 54.11 $ 16.36 $ 1211 LAFAYETTE ST WATERLOO IA 507034842 USA $ 6.85 $ 10.49 1100 SYCAMORE ST WATERLOO IA 507034851 USA $ 222.17 $ 43.26 $ 409 COURTLAND ST WATERLOO IA 507034005 USA $ 139.79 $ 17.09 $ 35.28 1133 FRANKLIN ST WATERLOO IA 507034425 USA $ 113.81 $ 41.08 $ 1125 FRANKLIN ST WATERLOO IA 507034425 USA $ 8.43 $ $ 14.35 308 COURTLAND ST WATERLOO IA 507034004 USA $ 21.62 $ 12.83 $ 9.66 210 LANE ST WATERLOO IA 507034052 USA $ 44.89 $ 34.64 $ 33.08 306 MOBILE ST WATERLOO IA 507034021 USA $ $ 13.61 $ 127.74 612 INDEPENDENCE AVE WATERLOO IA 507034115 USA $ 152.82 $ 25.11 $ 95.91 512 COURTLAND ST WATERLOO IA 507034102 USA $ 273.88 $ 28.14 $ 177.45 619 LINDEN AVE WATERLOO IA 507035041 USA $ 99.05 $ 51.64 $ 67.74 715 FOWLER ST WATERLOO IA 507035015 USA $ 179.56 $ 34.64 $ 33.08 709 FOWLER ST WATERLOO IA 507035015 USA $ $ 10.03 $ 18.93 506 FOWLER ST WATERLOO IA 507034042 USA $ 65.20 $ 19.43 $ 100.74 1632 FRANKLIN ST WATERLOO IA 507034936 USA $ 42.21 $ 6.33 $ 35.65 1815 MULBERRY ST WATERLOO IA 507035043 USA $ $ 50.00 $ 158.04 1617 LAFAYETTE ST WATERLOO IA 507034907 USA $ 35.96 $ 16.42 $ 1732 MULBERRY ST WATERLOO IA 507034912 USA $ 37.88 $ 11.37 $ 65.07 1731 LAFAYETTE ST WATERLOO IA 507034909 USA $ $ 8.91 $ 20.38 305 LINDEN AVE WATERLOO IA 507035035 USA $ 45.36 $ 34.64 $ 33.08 229 LINDEN AVE WATERLOO IA 507035033 USA $ 44.89 $ 34.64 $ 33.08 1827 LAFAYETTE ST WATERLOO IA 507035025 USA $ 81.03 $ 31.94 $ 149.27 1829 LAFAYETTE ST WATERLOO IA 507035025 USA $ 10.78 $ 8.14 $ 6.45 1204 JEFFERSON ST WATERLOO IA 507021150 USA $ 95.13 $ 5.54 $ 28.93 1104 WASHINGTON ST APT A WATERLOO IA 50702 USA $ 94.15 $ $ 1218 WASHINGTON ST WATERLOO IA 507021633 USA $ 39.06 $ 17.18 $ 35.63 1422 COMMERCIAL ST WATERLOO IA 507021146 USA $ 48.55 $ 19.64 $ 44.03 1426 JEFFERSON ST WATERLOO IA 507021154 USA $ 128.13 $ 17.31 $ 68.06 644 W 11TH ST WATERLOO IA 507021624 USA $ 35.64 $ 4.86 $ 18.55 656 W 11TH ST WATERLOO IA 507021624 USA $ 9.38 $ 11.46 $ 13.75 720 W 11TH ST WATERLOO IA 507021626 USA $ 45.05 $ 8.25 $ 55.50 209 LINWOOD AVE WATERLOO IA 507022328 USA $ 64.23 $ 17.83 $ 70.50 619 W 11TH ST WATERLOO IA 507021623 USA $ 42.39 $ 17.83 $ 57.53 Page 228 of 311 328 W 14TH ST WATERLOO IA 507021205 USA $ 136.81 $ 34.64 $ 148.82 1619 COMMERCIAL ST WATERLOO IA 507021234 USA $ 87.02 $ 26.39 $ 68.01 311 RATH ST WATERLOO IA 507035049 USA $ 26.60 $ - $ 19.60 210 LAKE AVE WATERLOO IA 507035030 USA $ 44.89 $ 47.61 $ 33.08 312 OAKLAWN AVE WATERLOO IA 507012168 USA $ 62.94 $ 27.61 $ 40.05 210 NORIMER ST WATERLOO IA 507012525 USA $ 417.60 $ 52.17 $ 199.15 1238 W MULLAN AVE WATERLOO IA 507012652 USA $ 9.10 $ - $ 1236 W MULLAN AVE WATERLOO IA 507012651 USA $ 91.24 $ 28.00 $ 436 BELMONT AVE WATERLOO IA 507012520 USA $ 78.42 $ 32.17 $ 26.70 404 BELMONT AVE WATERLOO IA 507012520 USA $ 11.53 $ 8.48 $ 17.80 434 BELMONT AVE WATERLOO IA 507012520 USA $ 82.72 $ 23.28 $ 58.91 400 OAKLAWN AVE WATERLOO IA 507012531 USA $ 76.83 $ 24.47 $ 63.46 424 OAKLAWN AVE WATERLOO IA 507012531 USA $ 42.75 $ 8.25 $ 27.00 1231 W MULLAN AVE WATERLOO IA 507012651 USA $ 9.21 $ 9.07 $ 34.66 1113 W MULLAN AVE WATERLOO IA 507012649 USA $ 17.69 $ 13.06 $ 19.88 1117 W MULLAN AVE WATERLOO IA 507012649 USA $ 50.36 $ 10.36 $ 39.55 132 ELMWOOD ST WATERLOO IA 507012640 USA $ $ 10.36 $ 16.50 102 WELLINGTON ST WATERLOO IA 507015931 USA $ 123.34 $ 25.66 $ 114.68 718 W 2ND ST WATERLOO IA 507015910 USA $ 25.72 $ - $ 17.34 722 W 2ND ST WATERLOO IA 507015910 USA $ 106.15 $ 19.89 $ 56.29 115 LOCUST ST WATERLOO IA 507012643 USA $ 67.37 $ 11.43 $ 8.58 201 ALLEN ST WATERLOO IA 507012607 USA $ 13.77 $ 8.71 $ 29.97 300 WELLINGTON ST WATERLOO IA 507015935 USA $ 55.49 $ 8.71 $ 19.08 304 SOUTH ST WATERLOO IA 507011514 USA $ 431.40 $ 140.94 $ 623 W 2ND ST WATERLOO IA 507015907 USA $ 209.00 $ 39.88 $ 727 W PARK AVE 2 WATERLOO IA 50701 USA $ 48.45 $ 9.53 $ 711 SOUTH ST WATERLOO IA 507011529 USA $ 52.40 $ 9.63 $ 24.25 213 ELMWOOD ST WATERLOO IA 507012736 USA $ 32.50 $ 14.99 $ 27.23 203 ELMWOOD ST WATERLOO IA 507012641 USA $ 45.91 $ 8.57 $ 246 WESTERN AVE WATERLOO IA 507012634 USA $ 78.89 $ 23.00 $ 124.79 251 WESTERN AVE WATERLOO IA 507012633 USA $ 75.75 $ 6.09 $ 53.20 205 DENVER ST WATERLOO IA 507012721 USA $ 31.98 $ 9.90 $ 25.80 308 BALTIMORE ST WATERLOO IA 507012626 USA $ 129.31 $ 26.01 $ 144.95 312 BALTIMORE ST WATERLOO IA 507012626 USA $ 72.18 $ 14.51 $ 97.59 426 BALTIMORE ST WATERLOO IA 507012628 USA $ 29.93 $ 5.78 $ 415 DENVER ST APT 1 WATERLOO IA 507012725 USA $ 24.49 $ 11.04 $ 12.18 415 DENVER ST APT 2 WATERLOO IA 507012725 USA $ 145.79 $ 34.05 $ 69.59 1020 W 3RD ST WATERLOO IA 507012618 USA $ 94.06 $ 69.32 $ 66.15 303 LOCUST ST WATERLOO IA 507012629 USA $ - $ 8.80 $ 911 W 2ND ST WATERLOO IA 507012603 USA $ 44.78 $ 15.54 $ 25.52 429 BALTIMORE ST WATERLOO IA 507012627 USA $ 14.72 $ $ 25.60 1004 W 5TH ST WATERLOO IA 507022806 USA $ 54.04 $ 14.34 $ 50.81 525 LOCUST ST WATERLOO IA 507022828 USA $ 49.85 $ 46.37 $ 96.30 1412 W 3RD ST WATERLOO IA 507012716 USA $ 197.65 $ 25.30 $ 112.61 100 KINGSLEY AVE WATERLOO IA 507012764 USA $ 43.29 $ 9.85 $ 6.05 418 BAYARD ST WATERLOO IA 507012720 USA $ $ 8.07 $ 15.47 1109 W 4TH ST WATERLOO IA 507022840 USA $ 91.92 $ 34.64 $ 67.74 629 BALTIMORE ST WATERLOO IA 507022847 USA $ 48.25 $ 17.09 $ 3.08 706 BALTIMORE ST WATERLOO IA 507023010 USA $ 10.38 $ 10.54 $ 10.25 Page 229 of 311 810 WESTERN AVE WATERLOO IA 507023020 USA $ 38.62 $ 16.37 $ 62.25 1234 W 6TH ST WATERLOO IA 507023002 USA $ 18.52 $ $ 19.35 719 W 5TH ST WATERLOO IA 507021539 USA $ 119.71 $ 31.90 $ 113.19 723 W 5TH ST WATERLOO IA 507021539 USA $ 118.77 $ 23.97 $ 85.27 908 W 6TH ST WATERLOO IA 507022106 USA $ 50.36 $ 10.55 $ 22.79 912 W 6TH ST WATERLOO IA 507022105 USA $ 39.66 $ 15.81 $ 148.25 811 W 6TH ST WATERLOO IA 507022103 USA $ 117.73 $ 19.39 $ 74.03 708 ALLEN ST WATERLOO IA 507022130 USA $ 77.81 $ 35.10 $ 95.92 927 W 6TH ST WATERLOO IA 507022105 USA $ 17.60 $ 10.27 $ 24.46 742 GRANT AVE WATERLOO IA 507022114 USA $ 7.60 $ $ 7.20 708 W 7TH ST WATERLOO IA 507021514 USA $ 15.90 $ 9.72 $ 712 W 7TH ST WATERLOO IA 507024780 USA $ 164.19 $ 29.52 $ 86.91 924 SOUTH ST WATERLOO IA 507021534 USA $ 532.59 $ 7.65 $ 88.86 928 SOUTH ST WATERLOO IA 507021534 USA $ 99.16 $ 33.31 $ 69.24 622 W 9TH ST WATERLOO IA 507021554 USA $ 25.79 $ 7.78 $ 29.72 916 WELLINGTON ST WATERLOO IA 507022206 USA $ 36.55 $ $ 24.00 725 W 8TH ST WATERLOO IA 507024708 USA $ 190.05 $ 26.39 $ 148.82 924 GRANT AVE WATERLOO IA 507022204 USA $ 16.15 $ $ 11.55 525 PLEASANT ST WATERLOO IA 507023047 USA $ $ 8.53 $ 17.53 526 PLEASANT ST WATERLOO IA 507023016 USA $ 61.37 $ 15.26 $ 72.17 1112 W 9TH ST WATERLOO IA 507023038 USA $ 199.87 $ 26.95 $ 151.31 1014 WELLINGTON ST WATERLOO IA 507022250 USA $ 44.95 $ 20.18 $ 44.03 801 W 8TH ST WATERLOO IA 507022201 USA $ 40.89 $ 14.19 $ 1315 GRANT AVE WATERLOO IA 507022313 USA $ 110.02 $ 17.32 $ 132.30 1129 RANDOLPH ST WATERLOO IA 507022241 USA $ 30.99 $ 15.63 $ 59.13 1109 RANDOLPH ST WATERLOO IA 507022241 USA $ 258.82 $ 25.11 $ 111.58 1017 LEAVITT ST WATERLOO IA 507022235 USA $ $ 9.26 $ 1130 GRANT AVE WATERLOO IA 507022226 USA $ 174.98 $ 24.29 $ 163.43 717 JOHNSON ST WATERLOO IA 507022231 USA $ 23.98 $ 14.57 $ 3.29 1302 LEAVITT ST WATERLOO IA 507022310 USA $ 47.03 $ 34.64 $ 1209 DUNDEE AVE WATERLOO IA 507012442 USA $ 8.69 $ 5.15 $ 26.96 1219 DUNDEE AVE WATERLOO IA 507012442 USA $ 54.16 $ 37.67 $ 88.92 1325 MAGNOLIA PKY WATERLOO IA 507012453 USA $ 93.18 $ 23.43 $ 102.07 1332 KNOLL AVE WATERLOO IA 507012451 USA $ 71.87 $ 17.32 $ 80.26 315 JODER AVE WATERLOO IA 507012448 USA $ 18.52 $ - $ 131 JODER AVE WATERLOO IA 507012462 USA $ 29.28 $ 4.77 $ 32.07 121 JODER AVE WATERLOO IA 507015334 USA $ $ 31.16 $ 28.79 546 W WELLINGTON ST WATERLOO IA 507012516 USA $ 91.30 $ 20.89 $ 72.61 2401 W 3RD ST WATERLOO IA 507013705 USA $ 14.21 $ 8.66 $ 12.53 303 EUCLID AVE WATERLOO IA 507012911 USA $ 43.85 $ 21.40 $ 95.31 123 VEGAS CT WATERLOO IA 507012926 USA $ 49.83 $ 15.53 $ 57.58 140 MOIR ST WATERLOO IA 507012815 USA $ 108.30 $ 21.46 $ 144.30 139 MOIR ST WATERLOO IA 507012814 USA $ 44.89 $ 34.64 $ 111 MARSH ST WATERLOO IA 507012745 USA $ 91.92 $ 34.64 $ 124.20 1410 W 2ND ST WATERLOO IA 507012708 USA $ 38.48 $ 7.43 $ 70.20 1513 W 2ND ST WATERLOO IA 507012709 USA $ 35.25 $ $ 19.40 1455 W 2ND ST WATERLOO IA 507012707 USA $ 84.51 $ 14.74 $ 12.18 517 FLETCHER AVE WATERLOO IA 507012943 USA $ 78.82 $ 7.98 $ 44.95 536 HOME PARK BLVD WATERLOO IA 507012950 USA $ 44.89 $ 8.66 $ 42.53 Page 230 of 311 703 FLETCHER AVE WATERLOO IA 507012947 USA $ 133.52 $ 33.86 $ 107.14 425 REBER AVE WATERLOO IA 507012824 USA $ 155.10 $ 16.41 $ 62.48 414 MOIR ST WATERLOO IA 507012821 USA $ 79.16 $ 20.55 $ 36.51 1268 WESTLAND AVE WATERLOO IA 507013257 USA $ 77.27 $ 13.98 $ 68.63 1290 SHEERER AVE WATERLOO IA 507013255 USA $ 14.52 $ 6.37 $ 42.86 1330 SCOTT AVE WATERLOO IA 507016052 USA $ 525.39 $ 56.05 $ 569.88 1235 DOWNING CT WATERLOO IA 507013232 USA $ 11.43 $ 9.35 $ 1237 DOWNING CT WATERLOO IA 507013232 USA $ 56.36 $ 18.10 $ 1240 DOWNING CT WATERLOO IA 507013231 USA $ 154.23 $ 34.69 $ 1276 DOWNING CT WATERLOO IA 507013231 USA $ 12.35 $ $ 1105 ELEANOR DR WATERLOO IA 507013418 USA $ 109.10 $ 17.32 $ 113.40 2421 UNIVERSITY AVE WATERLOO IA 507012420 USA $ 68.02 $ 8.66 $ 33.34 1711 LARK LN WATERLOO IA 507013330 USA $ 30.35 $ $ 31.50 1720 BLACK HAWK RD WATERLOO IA 50701 USA $ $ 17.32 $ 43.78 1451 HUNTINGTON RD WATERLOO IA 507013454 USA $ 164.45 $ 32.40 $ 113.16 1638 ROBIN RD WATERLOO IA 507013647 USA $ 91.92 $ 19.77 $ 102.32 3953 SAGER AVE WATERLOO IA 507013138 USA $ 276.65 $ 37.44 $ 100.74 3956 VALDEZ DR WATERLOO IA 507013530 USA $ 115.20 $ 19.43 $ 97.66 1213 FLEUR DR WATERLOO IA 507013538 USA $ 40.09 $ 12.05 $ 37.95 3915 MONTEREY DR WATERLOO IA 507013526 USA $ 179.56 $ 34.64 $ 132.32 173 HOLLYWOOD AVE WATERLOO IA 507013682 USA $ 134.67 $ 34.64 $ 184.29 316 CARRINGTON AVE WATERLOO IA 507013620 USA $ 15.03 $ 10.31 $ 12.83 319 CARRINGTON AVE WATERLOO IA 507013619 USA $ 43.70 $ 8.43 $ 32.20 168 HOLLYWOOD AVE WATERLOO IA 507013682 USA $ 93.13 $ 35.33 $ 104.66 172 HOLLYWOOD AVE WATERLOO IA 507013622 USA $ $ 35.05 $ 66.29 425 PARKHAVEN DR WATERLOO IA 507013860 USA $ 84.31 $ 16.27 $ 48.83 2331 FAIRWAY LN WATERLOO IA 507013836 USA $ 8.28 $ - $ 2300 ANSBOROUGH AVE WATERLOO IA 507013805 USA $ 81.46 $ 9.31 $ 60.27 146 MARTIN RD WATERLOO IA 50701 USA $ 38.46 $ 70.15 $ 140.55 2112 W 4TH ST WATERLOO IA 507013944 USA $ 9.97 $ $ 12.95 3007 ANSBOROUGH AVE WATERLOO IA 507014421 USA $ 59.99 $ 13.65 $ 74.30 327 SHERIDAN RD WATERLOO IA 507014023 USA $ 79.32 $ 35.05 $ 67.74 225 IVANHOE RD WATERLOO IA 507014209 USA $ 27.55 $ 5.32 $ 5.80 202 WILLISTON AVE WATERLOO IA 507022932 USA $ 4.39 $ 10.69 $ 54.49 816 DENVER ST WATERLOO IA 507023046 USA $ 215.79 $ 26.03 $ 216.13 1128 BALTIMORE ST WATERLOO IA 507023225 USA $ 169.87 $ 33.55 $ 146.40 1320 DENVER ST WATERLOO IA 507023822 USA $ 23.27 $ $ 21.60 1952 W 6TH ST WATERLOO IA 507023310 USA $ 154.26 $ 18.60 $ 1429 BALTIMORE ST WATERLOO IA 507023313 USA $ 57.83 $ 20.80 $ 72.16 1315 W 7TH ST WATERLOO IA 507023032 USA $ $ 7.01 $ 14.93 1003 BERTCH AVE WATERLOO IA 507023112 USA $ 93.34 $ 27.09 $ 122.68 818 BERTCH AVE WATERLOO IA 507023233 USA $ 55.72 $ 8.80 $ 927 FOREST AVE WATERLOO IA 507023117 USA $ 20.69 $ 13.15 $ 34.58 811 HAWTHORNE AVE WATERLOO IA 507023252 USA $ 31.71 $ 11.64 $ 35.62 806 HAWTHORNE AVE WATERLOO IA 507023253 USA $ 141.90 $ 34.14 $ 162.47 830 HAWTHORNE AVE WATERLOO IA 507023253 USA $ 106.50 $ 16.91 $ 95.33 1617 W 6TH ST WATERLOO IA 507023204 USA $ 87.28 $ 18.15 $ 122.11 1154 WILLISTON AVE WATERLOO IA 507022254 USA $ 73.34 $ 26.63 $ 71.68 1201 BERTCH AVE WATERLOO IA 507023126 USA $ 37.60 $ 11.37 $ 46.50 Page 231 of 311 1101 FOREST AVE WATERLOO IA 507023134 USA $ 80.32 $ $ 6.54 606 HAMMOND AVE WATERLOO IA 507022308 USA $ 30.40 $ 6.51 $ 20.40 1302 FOREST AVE WATERLOO IA 507022341 USA $ 40.15 $ 6.42 $ 24.50 1316 FOREST AVE WATERLOO IA 507022341 USA $ 80.15 $ 15.94 $ 150.63 1124 GLENNY AVE WATERLOO IA 507023318 USA $ 87.64 $ 16.91 $ 64.58 2011 RANDOLPH ST WATERLOO IA 507023329 USA $ 7.48 $ 11.28 $ 33.55 1116 PATTON AVE WATERLOO IA 507023326 USA $ 165.90 $ 33.86 $ 197.87 200 TERRACE DR WATERLOO IA 507025027 USA $ - $ 10.17 $ 38.45 410 BOURLAND AVE WATERLOO IA 507023808 USA $ $ 9.16 $ 13.90 2010 W 6TH ST WATERLOO IA 507023922 USA $ 21.97 $ 9.35 $ 15.90 1171 BOURLAND AVE WATERLOO IA 507023338 USA $ 134.38 $ 18.47 $ 38.98 1151 BOURLAND AVE WATERLOO IA 507023338 USA $ 16.52 $ $ 14.73 1131 BOURLAND AVE WATERLOO IA 507023338 USA $ 46.83 $ 16.82 $ 34.23 1181 EASTON AVE WATERLOO IA 507024042 USA $ $ 10.27 $ 20.40 2621 RANDOLPH ST WATERLOO IA 507024052 USA $ 83.58 $ 9.44 $ 22.90 2418 W 7TH ST WATERLOO IA 507023908 USA $ 150.81 $ 29.62 $ 58.05 936 WISNER DR WATERLOO IA 507024134 USA $ 24.50 $ 12.51 $ 17.78 929 E RIDGEWAY AVE WATERLOO IA 507024157 USA $ 8.91 $ 7.24 $ 8.42 1116 EASTON AVE WATERLOO IA 507024043 USA $ 21.18 $ 8.29 $ 50.09 2913 RANDOLPH ST WATERLOO IA 507024021 USA $ 45.46 $ 8.66 $ 33.08 2809 RANDOLPH ST WATERLOO IA 507024019 USA $ 8.90 $ 9.99 $ 16.50 2903 ROLAND AVE WATERLOO IA 507024029 USA $ 47.03 $ 35.05 $ 72.91 505 HAMMOND AVE WATERLOO IA 507022305 USA $ 52.13 $ 8.66 $ 48.83 1520 BERTCH AVE WATERLOO IA 507021706 USA $ $ 10.17 $ 19.95 1428 HAWTHORNE AVE WATERLOO IA 507022409 USA $ 87.64 $ 16.91 $ 55.35 1208 W 11TH ST WATERLOO IA 507022447 USA $ 5.02 $ 8.75 $ 1538 GLENNY AVE WATERLOO IA 507022406 USA $ 129.56 $ 40.32 $ 199.87 1416 W 11TH ST WATERLOO IA 507022528 USA $ 33.45 $ 15.17 $ 27.93 1551 PATTON AVE WATERLOO IA 507022510 USA $ 44.89 $ 8.66 $ 33.08 1521 PATTON AVE WATERLOO IA 507022510 USA $ - $ $ 13.07 1615 E MITCHELL AVE WATERLOO IA 507022538 USA $ 78.70 $ 8.66 $ 42.53 1838 PATTON AVE WATERLOO IA 507022517 USA $ 93.17 $ 17.32 $ 76.26 1209 LYON AVE WATERLOO IA 507023435 USA $ $ 9.26 $ 5.35 1435 CORNWALL AVE WATERLOO IA 507023452 USA $ 67.84 $ 13.88 $ 48.28 1625 W 11TH ST WATERLOO IA 507022630 USA $ 81.68 $ 14.07 $ 16.05 1150 AMHERST AVE WATERLOO IA 507022633 USA $ 37.50 $ 8.25 $ 25.50 1112 AMHERST AVE WATERLOO IA 507022633 USA $ 266.84 $ 32.49 $ 124.09 1145 OREGON ST WATERLOO IA 507022646 USA $ 44.89 $ 42.89 $ 79.88 1910 E MITCHELL AVE WATERLOO IA 507021815 USA $ 56.55 $ 8.25 $ 31.50 1851 LOCKE AVE WATERLOO IA 507022612 USA $ $ 10.27 $ 20.40 1925 LOCKE AVE WATERLOO IA 507022614 USA $ 51.41 $ 19.57 $ 55.93 1820 LOCKE AVE WATERLOO IA 507022613 USA $ 36.34 $ 13.38 $ 19.08 1912 LOCKE AVE WATERLOO IA 507022614 USA $ 44.89 $ 42.89 $ 33.08 1820 HOWARD AVE WATERLOO IA 507023506 USA $ 67.62 $ 11.78 $ 36.40 1930 HOWARD AVE WATERLOO IA 507023508 USA $ 11.15 $ 8.25 $ 2085 HOWARD AVE WATERLOO IA 507022725 USA $ - $ 9.35 $ 15.90 4424 LOGAN AVE WATERLOO IA 507039673 USA $ $ 35.92 $ 137.20 4344 LOGAN AVE WATERLOO IA 507039673 USA $ $ 35.92 $ 202.53 $ 42,984.31 $ 10,943.11 $ 32,250.69 Page 232 of 311 Total Amount Customer Status $ 175.21 Current $ 354.47 Former $ 76.79 Former $ 14.14 Former $ 106.54 Former $ 43.66 Former $ 71.79 Former $ 159.31 Former $ 26.60 Former $ 45.33 Former $ 43.58 Former $ 52.68 Former $ 502.35 Former $ 56.11 Former $ 38.49 Former $ 8.98 Former $ 99.33 Former $ 412.42 Current $ 431.54 Current $ 417.44 Former $ 59.80 Former $ 91.50 Former $ 35.41 Former $ 305.63 Current $ 133.24 Current $ 30.67 Former $ 116.92 Former $ 274.77 Former $ 116.74 Current $ 345.24 Former $ 49.39 Former $ 109.31 Former $ 180.79 Current $ 227.69 Current $ 174.27 Former $ 100.68 Former $ 2,157.83 Current Page 233 of 311 $ 145.19 Former $ 73.46 Former $ 106.76 Former $ 54.51 Former $ 134.39 Current $ 270.46 Current $ 109.40 Former $ 104.05 Current $ 20.29 Former $ 19.38 Former $ 412.42 Current $ 203.60 Current $ 33.58 Former $ 166.16 Current $ 40.58 Former $ 154.17 Current $ 119.45 Former $ 125.22 Current $ 107.88 Current $ 9.50 Former $ 81.92 Former $ 341.55 Former $ 269.10 Former $ 277.71 Former $ 199.64 Current $ 52.52 Former $ 91.04 Current $ 86.70 Former $ 175.67 Current $ 362.21 Current $ 109.79 Former $ 86.63 Current $ 152.07 Former $ 369.36 Former $ 230.25 Former $ 1,304.90 Current $ 41.15 Former $ 220.64 Former $ 122.37 Former $ 8.08 Former Page 234 of 311 $ 64.03 Former $ 68.12 Former $ 86.63 Current $ 167.05 Current $ 111.93 Former $ 94.10 Current $ 70.38 Former $ 14.36 Former $ 210.53 Current $ 243.40 Former $ 86.96 Current $ 412.42 Current $ 218.89 Former $ 116.74 Current $ 448.64 Current $ 334.51 Former $ 264.02 Current $ 48.70 Former $ 268.14 Former $ 35.71 Former $ 10.25 Former $ 249.46 Former $ 25.88 Former $ 138.16 Former $ 20.93 Former $ 25.45 Former $ 261.90 Former $ 18.25 Former $ 78.61 Former $ 112.29 Former $ 58.89 Current $ 86.63 Current $ 154.15 Former $ 29.82 Former $ 275.69 Current $ 156.11 Former $ 99.86 Former $ 267.49 Current $ 271.23 Former $ 111.78 Current Page 235 of 311 $ 141.92 Former $ 43.47 Current $ 84.37 Former $ 43.17 Former $ 292.86 Former $ 116.74 Current $ 87.60 Former $ 133.24 Current $ 134.93 Former $ 164.96 Former $ 92.20 Former $ 243.68 Former $ 84.97 Former $ 9.50 Former $ 30.05 Former $ 232.86 Former $ 49.89 Current $ 96.58 Current $ 129.76 Former $ 31.48 Former $ 84.36 Former $ 35.77 Former $ 53.02 Former $ 380.25 Former $ 197.57 Current $ 245.24 Former $ 54.25 Former $ 113.23 Former $ 126.65 Former $ 88.18 Former $ 128.80 Former $ 35.65 Former $ 100.31 Former $ 65.65 Former $ 7.60 Former $ 32.50 Former $ 113.49 Former $ 151.26 Former $ 18.52 Former $ 128.36 Current Page 236 of 311 $ 21.36 Former $ 134.89 Former $ 57.39 Former $ 32.16 Former $ 137.06 Former $ 109.20 Former $ 96.46 Former $ 80.21 Former $ 136.70 Former $ 109.89 Former $ 173.26 Current $ 18.52 Former $ 85.55 Former $ 319.98 Former $ 268.60 Former $ 201.01 Former $ 27.68 Former $ 393.82 Current $ 218.64 Former $ 173.26 Current $ 40.44 Former $ 33.83 Former $ 112.61 Current $ 102.04 Former $ 109.97 Former $ 17.04 Former $ 386.77 Current $ 221.45 Former $ 162.88 Current $ 274.63 Former $ 328.50 Former $ 340.05 Former $ 212.00 Current $ 227.36 Former $ 171.86 Current $ 11.88 Former $ 111.15 Current $ 47.93 Former $ 46.12 Former $ 32.38 Former $ 63.05 Former $ 46.96 Former $ 436.14 Current $ 133.07 Former $ 250.72 Current $ 6.65 Former Page 237 of 311 $ 436.60 Former $ 145.66 Former $ 129.62 Former $ 475.17 Former $ 521.09 Former $ 57.14 Former $ 32.16 Former $ 113.49 Former $ 12.56 Former $ 71.61 Former $ 68.45 Former $ 161.22 Current $ 96.10 Former $ 64.31 Former $ 75.84 Former $ 156.03 Current $ 8.89 Former $ 51.48 Former $ 124.22 Former $ 82.50 Former $ 1,169.98 Former $ 25.57 Former $ 22.08 Former $ 100.80 Former $ 182.56 Former $ 58.44 Former $ 35.68 Former $ 139.65 Current $ 194.30 Current $ 201.01 Former $ 205.57 Former $ 51.54 Former $ 61.11 Former $ 214.43 Former $ 178.21 Former $ 260.55 Former $ 341.41 Former $ 102.38 Current $ 369.67 Current $ 112.61 Current $ 280.49 Former $ 102.38 Current $ 45.12 Former $ 99.39 Former $ 66.35 Former $ 54.28 Former $ 342.27 Former $ 222.05 Current $ 102.87 Former Page 238 of 311 $ 97.50 Former $ 23.97 Former $ 448.93 Current $ 112.61 Former $ 112.61 Current $ 115.02 Former $ 144.05 Former $ 13.77 Former $ 20.46 Former $ 160.75 Former $ 202.32 Current $ 378.48 Former $ 115.85 Current $ 44.66 Former $ 493.45 Former $ 81.24 Former $ 135.13 Former $ 147.73 Former $ 540.23 Former $ 431.34 Former $ 747.20 Current $ 148.66 Current $ 93.29 Former $ 173.26 Former $ 216.72 Current $ 28.78 Current $ 53.16 Former $ 142.76 Former $ 86.63 Current $ 246.02 Current $ 185.39 Former $ 58.14 Former $ 119.63 Former $ 51.35 Former $ 328.05 Former $ 26.40 Former $ 110.06 Current $ 166.33 Current $ 473.46 Former $ 33.45 Current $ 97.92 Former $ 46.00 Former $ 128.79 Former $ 272.21 Former $ 302.26 Current $ 192.56 Former $ 209.31 Current $ 160.95 Current $ 585.42 Former Page 239 of 311 $ 412.94 Former $ 672.91 Former $ 57.24 Former $ 436.28 Current $ 116.33 Current $ 112.41 Former $ 200.49 Former $ 394.16 Current $ 23.39 Former $ 384.48 Former $ 214.50 Former $ 268.47 Former $ 146.44 Current $ 258.18 Former $ 128.71 Former $ 70.47 Former $ 17.34 Former $ 265.43 Current $ 192.16 Former $ 154.89 Former $ 22.78 Former $ 44.11 Former $ 112.61 Current $ 141.35 Former $ 273.84 Former $ 479.47 Former $ 218.43 Former $ 247.28 Current $ 28.96 Former $ 185.37 Former $ 84.19 Former $ 208.04 Former $ 52.38 Former $ 114.32 Former $ 29.29 Former $ 113.08 Current $ 112.61 Current $ 262.24 Former $ 25.37 Former $ 129.60 Former $ 94.15 Former $ 91.87 Former $ 112.22 Former $ 213.50 Former $ 59.05 Former $ 34.59 Former $ 108.80 Current $ 152.56 Former $ 117.75 Former Page 240 of 311 $ 320.27 Current $ 181.42 Former $ 46.20 Former $ 125.58 Former $ 130.60 Current $ 668.92 Former $ 9.10 Former $ 119.24 Former $ 137.29 Former $ 37.81 Former $ 164.91 Former $ 164.76 Former $ 78.00 Former $ 52.94 Former $ 50.63 Former $ 100.27 Former $ 26.86 Former $ 263.68 Former $ 43.06 Former $ 182.33 Former $ 87.38 Former $ 52.45 Former $ 83.28 Former $ 572.34 Former $ 248.88 Former $ 57.98 Former $ 86.28 Former $ 74.72 Former $ 54.48 Former $ 226.68 Former $ 135.04 Former $ 67.68 Former $ 300.27 Former $ 184.28 Current $ 35.71 Former $ 47.71 Former $ 249.43 Former $ 229.53 Current $ 8.80 Former $ 85.84 Former $ 40.32 Former $ 119.19 Former $ 192.52 Former $ 335.56 Former $ 59.19 Former $ 23.54 Former $ 194.30 Current $ 68.42 Former $ 31.17 Former Page 241 of 311 $ 117.24 Former $ 37.87 Former $ 264.80 Former $ 228.01 Current $ 83.70 Former $ 203.72 Former $ 211.15 Former $ 208.83 Current $ 52.33 Former $ 14.80 Former $ 25.62 Former $ 280.62 Former $ 629.10 Former $ 201.71 Former $ 63.29 Former $ 60.55 Current $ 365.26 Current $ 27.70 Former $ 26.06 Former $ 148.80 Former $ 378.13 Former $ 109.16 Former $ 55.08 Former $ 259.64 Current $ 105.75 Former $ 395.51 Former $ 9.26 Former $ 362.70 Former $ 41.84 Former $ 81.67 Current $ 40.80 Former $ 180.75 Former $ 218.68 Former $ 169.45 Current $ 18.52 Former $ 66.12 Former $ 59.95 Former $ 184.80 Former $ 35.40 Former $ 160.56 Former $ 122.94 Former $ 274.06 Former $ 79.53 Current $ 250.76 Current $ 116.11 Former $ 54.65 Former $ 111.43 Former $ 131.75 Former $ 96.08 Current Page 242 of 311 $ 274.52 Former $ 233.99 Former $ 136.22 Former $ 159.88 Former $ 63.75 Former $ 1,151.32 Former $ 20.78 Former $ 74.46 Former $ 188.92 Former $ 12.35 Former $ 239.82 Current $ 110.02 Current $ 61.85 Current $ 61.10 Current $ 310.01 Former $ 214.01 Current $ 414.83 Former $ 232.29 Former $ 90.09 Former $ 346.52 Current $ 353.60 Current $ 38.17 Former $ 84.33 Former $ 233.12 Current $ 101.34 Current $ 149.41 Former $ 8.28 Former $ 151.04 Former $ 249.16 Current $ 22.92 Former $ 147.94 Former $ 182.11 Current $ 38.67 Former $ 69.57 Former $ 457.95 Former $ 349.82 Former $ 44.87 Former $ 172.86 Former $ 150.79 Former $ 21.94 Former $ 243.11 Former $ 64.52 Former $ 68.42 Former $ 78.97 Former $ 338.51 Former $ 218.74 Current $ 227.54 Former $ 171.65 Former $ 95.47 Former Page 243 of 311 $ 86.86 Current $ 57.31 Former $ 71.07 Former $ 246.72 Current $ 169.13 Current $ 52.31 Former $ 397.63 Former $ 48.62 Former $ 23.06 Former $ 47.22 Former $ 191.83 Former $ 31.25 Former $ 97.88 Former $ 30.67 Former $ 115.92 Former $ 238.48 Current $ 54.79 Former $ 24.57 Former $ 79.56 Former $ 87.20 Former $ 35.39 Former $ 154.99 Current $ 109.62 Current $ 30.12 Former $ 159.90 Current $ 13.77 Former $ 369.75 Former $ 76.55 Former $ 86.63 Current $ 13.07 Former $ 129.89 Current $ 186.75 Current $ 14.61 Former $ 130.00 Former $ 111.80 Former $ 71.25 Former $ 423.42 Former $ 167.66 Current $ 96.30 Current $ 30.67 Former $ 126.91 Former $ 68.80 Former $ 120.86 Current $ 115.80 Former $ 19.40 Former $ 25.25 Former $ 173.12 Current $ 238.45 Current $ 86,178.11 Page 244 of 311 CITY OF WATERLOO Council Communication Resolution approving renewal of property insurance for a total premium of $299,123, with Chubb Insurance. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/21/2017 - 4:20 PM SUBJECT: Resolution approving renewal of property insurance for a total premium of $299,123, with Chubb Insurance. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Page 245 of 311 CITY OF WATERLOO Council Communication Resolution approving an agreement for umbrella insurance for a total premium of $244,420, with Brit Insurance. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/21/2017 - 4:14 PM SUBJECT: Submitted by: Resolution approving an agreement for umbrella insurance for a total premium of $244,420, with Brit Insurance. Submitted By: Kelley Felchle, City Clerk Page 246 of 311 CITY OF WATERLOO Council Communication Resolution approving renewal of general, cyber, and auto liability, law enforcement, public officials, and errors and omissions for a total premium of $855,123, with Travelers Insurance. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/21/2017 - 4:16 PM SUBJECT: Submitted by: Resolution approving renewal of general, cyber, and auto liability, law enforcement, public officials, and errors and omissions for a total premium of $855,123, with Travelers Insurance. Submitted By: Kelley Felchle, City Clerk Page 247 of 311 CITY OF WATERLOO Council Communication Resolution approving annual renewal agreement with Safety National at a cost not to exceed $179,106 per year to provide workers' compensation stop loss coverage and $22,238 to Alternative Service Concepts for claims administration. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/21/2017 - 4:41 PM SUBJECT: Resolution approving annual renewal agreement with Safety National at a cost not to exceed $179,106 per year to provide workers' compensation stop loss coverage and $22,238 to Alternative Service Concepts for claims administration. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 248 of 311 CITY OF WATERLOO Council Communication Resolution approving grant application to the RJ McElroy Trust in the amount of $10,000 to fund a conceptual plan for the Lincoln Park Improvements project. City Council Meeting: 6/26/2017 Prepared: 6/19/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 6/19/2017 - 11:26 AM Clerk Office Even, LeAnn Approved 6/20/2017 - 11:37 AM ATTACHMENTS: Description Type ❑ Grant Request Letter Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Resolution approving grant application to the RJ McElroy Trust in the amount of $10,000 to fund a conceptual plan for the Lincoln Park Improvements project. Submitted By: Paul Huting, Leisure Services Director Approve resolution. Lincoln Park, one of Waterloo's busiest parks, has not seen major improvements in over 30 years. This grant would fund a planning process involving downtown stakeholder meetings and development of a conceptual plan for park improvements. No City match is required. No City funds required. This plan for Lincoln Park improvements would support the City of Waterloo Strategic Plan, Strategy 4.5 - "Maintain City facilities that support quality ofplace". Building renovations and development of new businesses surrounding Lincoln Park have prompted requests from downtown stakeholders for improvements at the park. The director of RJ McElroy trust has encouraged Leisure Services to apply for a planning grant. Page 249 of 311 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICE COMMISSION 1101 Campbell Avenue • Waterloo, IA 50701 • (319) 291-4370 Fax (319) 291-4297 June 16, 2017 Stacy Van Gorp, Executive Director RJ McElroy Trust 425 Cedar Street, Suite 312 Waterloo, Iowa 50701 Dear Stacy: I am writing to request that your Board consider providing a grant to allow us to develop a plan to improve Lincoln Park in Waterloo. Downtown Waterloo is in the midst of a renaissance. Exciting new building renovations and business developments are surrounding Lincoln Park. We are hoping to capture that momentum by engaging a local landscape architecture firm to involve stakeholders and prepare a conceptual plan for improvements to this historic park. Lincoln Park was established in 1854 as a major downtown gathering place, and it remains one of the busiest parks in Waterloo. In addition to being home to major festivals and music events, this park is frequented regularly by children for a variety of activities and programs sponsored by area churches and community organizations. It has been over 30 years since the park has seen major improvements. While it is important to preserve Lincoln Park's historic feel, open space and majestic trees, it is also necessary to plan for renovations and improvements to this downtown landmark. To that end we are requesting $10,000 to engage Ritland Kuiper (RKLA) to hold stakeholder input meetings (with special emphasis on serving area children) and to use this stakeholder information to produce a conceptual plan for Lincoln Park Improvements. Thank you for your consideration of this request and for your interest in Lincoln Park! Paul Huting, Leisur- : ervices Director City of Waterloo, Iowa WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 250 of 311 CITY OF WATERLOO Council Communication Resolution approving award of contract to Plumb Tech, Inc. of Waterloo, Iowa, in an amount not to exceed $19,556.00, in conjunction with the replacement of two (2) roof mounted air conditioning units for the General Aviation Terminal Building at the Waterloo Regional Airport, and authorize the Airport Director to execute said document. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Reviewer Action Date Airport Even, LeAnn Approved 6/20/2017 - 11:48 AM Clerk Office Even, LeAnn Approved 6/20/2017 - 11:51 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving award of contract to Plumb Tech, Inc. of Waterloo, Iowa, in an amount not to exceed $19,556.00, in conjunction with the replacement of two (2) roof mounted air conditioning units for the General Aviation Terminal Building at the Waterloo Regional Airport, and authorize the Airport Director to execute said document. Submitted By: Keith Kaspari, Airport Director Approve award of contract. NOTE: While Staff received only one bid, a fair and open opportunity was given to other service and equipment providers to submit a bid, as Airport Staff escorted multiple AC providers to the work site, to showcase the work involved, and allowed them the opportunity to submit a bid. This project will continue to the on-going improvement and replacement of building systems (HVAC) to City -owned buildings at the Waterloo Regional Airport. This building is the General Aviation Terminal Building which is currently under lease by Livingston Aviation. Funds for this project, at $19,556.00, will be via the IDOT C S VI agreement for FY -2017. All funds for this project will be generated via the Iowa Department of Transportation's (ID OT's) Commercial Services Vertical Infrastructure (C S VI) program. There is no local match required by the City of Waterloo and/or the Waterloo Regional Airport via their O&M department budget, nor capital program. Page 251 of 311 Policy Issue: Alternative: Background Information: Legal Descriptions: Unfortunately, available funds did not allow Airport Staff to replace the third older unit (Lennox) that had an Additive Bit Item (ABI) price of $16,322.00. Staff believes that this AC unit will be replaced in future years along with other building (HVAC) system units such as the following: Furnaces, Boilers, Hot Water Heaters, etc., and if deemed eligible for replacement via IDOT CSVI grant funding. The completion of this project, continues the City's Strategic Goals, as follows: Goal No: 3, Strategy 3.3 (Develop a program that encourages all City of Waterloo staff members to contribute ideas & efforts that improve efficiency and quality of community services) Strategy 3.4 (Identify and implement proven cost and resource saving measures. Goal No: 4 - Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. No project alternatives were selected for this project. This project will replace 2 of the 3 older roof mounted air conditioning units, and refrigerant. Staff believes that with the replacement of these older units, will provide a more comfortable office / terminal environment for Livingston Aviation employees and FBO customers. With new AC units, Staff believes that increased efficiency of the new AC units will result in lower electrical energy bills to Livingston Aviation staff. Not Applicable for this replacement by Staff. Page 252 of 311 CITY OF WATERLOO Council Communication Resolution approving award of contract to Pella Roofing of Vinton, Iowa, in an amount not to exceed $65,995.00, for base bid and alternate bid No. 1, for improvements associated with Hangar No. 5 at the Waterloo Regional Airport and authorize the Airport Director to execute said document. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 6/20/2017 - 11:51 AM Clerk Office Even, LeAnn Approved 6/20/2017 - 12:44 PM ATTACHMENTS: Description Type D Picture of Hangar No: 5 - Picture No: 1 Cover Memo D Picture of Hangar No: 5 - Picture No: 2 Cover Memo SUBJECT: Resolution approving award of contract to Pella Roofing of Vinton, Iowa, in an amount not to exceed $65,995.00, for base bid and alternate bid No. 1, for improvements associated with Hangar No. 5 at the Waterloo Regional Airport and authorize the Airport Director to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Approve the Notice of Award to Pella Roofing as described above in the Subject / Agenda Item Information. This project allows for the exterior and interior improvements to this City - owned aircraft storage hangar. Funds for this project at $65,995.00 will be derived by the Iowa Department of Transportation's (IDOT's) Commercial Service Vertical Infrastructure (C S VI) program. There is no local match required by the City of Waterloo nor that of the Airport Department. IDOT's CSVI program via the Office of Aviation. This project continues prior hangar related improvements to the City -owned buildings at the airport. Additionally, this project for improvements to Hangar No: 5, continues the Policy Issue: City's Strategic Plan as follows: Goal No: 3 and Strategy 3.3, 3.4. 3.5. Page 253 of 311 Alternative: Background Information: Legal Descriptions: Goal No: 4 and Strategy 4.1, 4.5, No project alternatives were selected for this project. This project will provide for the following improvements to Hangar No: 5: 1. Removal and Replacement of 1,000 SF of damaged (rusted) roof panels (24 -gauge metal skin); 2. Application of a Roof Coating System over the entire Hangar Roof Top, and similar to T -Hangar Row B; 3. Replacement of Exterior Rain Gutters and Downspouts; Hangar Improvements via Alternative Bid Item No: 1 1. Removal and Replacement of all exterior Light Fixtures; and, 2. Removal and Replacement of all interior 1970's era fluorescent light fixtures with new generation LED's, allowing for decreased electrical utilities. Not Applicable for this request by Staff. Page 254 of 311 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. for an amount not to exceed $190,000.00, in conjunction with the Levee Sanitary Gatewell Repair Project, and authorize Mayor to execute said document. City Council Meeting: 6/26/2017 Prepared: 6/20/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 6/20/2017 - 5:29 PM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:04 AM ATTACHMENTS: Description Type ❑ Levee San Gatwell Repair Project_P SA Cover Memo SUBJECT: Submitted by: Recommended Action: Source of Funds: Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. for an amount not to exceed $190,000.00, in conjunction with the Levee Sanitary Gatewell Repair Project, and authorize Mayor to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer The Scope of Services will include all detailed work, services, materials, equipment, personnel and supplies necessary to provide design survey, final design and construction related services for this project. State Revolving Funds (SRF) Page 257 of 311 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com FY 2017 GATEWELL REPAIR PROJECT CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 258 of 311 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 259 of 311 /L -YOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non- renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of One Hundred Ninety Thousand Dollars ($190,000.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 260 of 311 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 261 of 311 IL -'COM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. Page 262 of 311 ,4ECOM Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT'S approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: Printed Name: Quentin Hart Title: Mayor Title: Printed Name: Douglas W. Schindel, P.E Associate Vice President Date: Date: June 14, 2017 Page 263 of 311 CITY OF WATERLOO FY 2017 GATEWELL REPAIR PROJECT EXHIBIT A A. PROJECT DESCRIPTION The project consists of repairing thirty-seven sanitary gate wells along the Cedar River levee system in Waterloo. Pipe sizing through gatewells range in size from 6" to 60". The project also includes designing five new gatewells to replace existing valves at sanitary crossings through the levee. The project will include preparing documentation to apply for the State Revolving Fund (SRF) loan and necessary Army Corps of Engineers and Iowa Department of Natural Resources permitting. In addition to the gatewell repairs, the project will include necessary site work associated with each location and traffic control for the construction. B. SCOPE OF SERVICES The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide design survey, final design and construction -related services for the project. The project will be divided into two phases. The first phase will include design services, including the preparation of plans and specifications in a format suitable for a City of Waterloo letting. The second phase will include construction -related services, which will be determined at the time the services are needed. Design Services The Scope of Services for the Design Phase is further defined as follows: Task 1 - Kickoff Meeting. With the City of Waterloo and ATS staff, a kickoff meeting will be conducted to discuss scope of project, objectives and goals. Project phasing will be established as part of this meeting. Task 2 - Survey and Data Collection. This task will include: 1. Retrieving existing drawings and documents on the gatewells from historic databases such as existing Army Corps of Engineers drawings and City plats. 2. Locating each gate well, confirming pipe sizing and gatewell depths. Task 3 - SRF Documentation. This task will include the following: 1. ATS will submit a work record request to the Iowa DNR to establish the project as one marked for SRF funding. ATS will participate in the Project Initiation Meeting with the City and the Iowa DNR. This includes preparing preliminary project design information to present at the meeting and to answer any technical questions as related to the project. 2. ATS will prepare a facility plan for the project per requirements of Iowa Wastewater Facilities Design Standards, Chapter 11, Section 11.2, as required for the SRF process. 3. ATS will prepare IUP Application required for SRF. The Environmental Checklist and Associated Items will also be prepared to assist the Iowa DNR with an environmental review. ATS will participate in the public hearing for the project and help answer any concerns from the public regarding the project. Page 264 of 311 Task 4 - Acquisition Plats. At this time it is unclear how many acquisition plats will be required for the project. It is likely that temporary easements will be required for areas where valves are being converted to gatewells (five locations). For the purposes of this agreement, it is assumed that five (5) properties will be impacted. ATS will prepare acquisition plats and legal descriptions for permanent and temporary acquisitions needed for the project (5 properties assumed). Task 5 - Permitting. ATS will, prepare and submit the Section 408 Permit for the conversion of the valved crossings to gatewells to the Army Corps of Engineers. This task also includes preparing a construction permit application for the Iowa DNR wastewater section. Task 6 - Design Drawings and Project Manual. Drawings will be developed showing base mapping, existing site features, known utilities, existing gatewells and proposed changes to the gatewells. Included in these tasks will be the typical sections and details, tabulations and quantities, final gatewell plan sheets, gatewell detail sheets, operator details, site restoration details, traffic control details, quality control review, storm water pollution prevention plans and technical specifications. The following tasks lead to the completion of the design drawings and project manual: Task a - Title and Legend Sheets Task b - Typical Sections and Details Task c - Bid Items and General Notes • Bid Item and Quantity Listing • Estimate Reference Information • General Notes Task d - Tabulations and Quantities Task e - Plan Sheets - Individual Gatewell Locations Task t - Gatewell Details Task g - Site Restoration Details Task h - Traffic Control Sheets Task i - Quality Control Review Task j - Final Revisions Task k - Specifications Task I - Field Review Task 7 - Engineer's Opinion of Probable Costs. An Engineer's Opinion of Probable Costs will be developed for the project. Task 8 - Preparation and Distribution of Contract Documents. Prepare contract documents for distribution to plan rooms and potential bidders. Task 9 - Respond to Bidders Questions. Respond to questions that bidders may have regarding the project. Prepare addenda as needed for project. Task 10 - Attend Bid Opening. Attend bid opening, secure contracts, bonds and certificates of insurance, review bids, prepare bid tabulation and make recommendation to the City of Waterloo. Task 11 - Project Administration, Coordination and Meetings This task includes project administration, coordination and meetings throughout the project development. Up to four meetings with the City are included. Page 265 of 311 Phase 11 - Construction -Related Services The scope of construction -related services will be determined at the time the services are needed and defined under a future amendment to this agreement. Construction -related services include construction staking, on-site field review, materials testing, contract administration during construction and right-of-way staking. O:IAdministration\AGREEIPROF1Wat FY17 Gatewell Repair Project.doc Page 266 of 311 CITY OF WATERLOO Council Communication Resolution approving award of contract to McGill Restoration, Inc. of Omaha, NE, in the amount of $444,854.00, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 6/21/2017 - 11:01 AM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:04 AM SUBJECT: Submitted by: Resolution approving award of contract to McGill Restoration, Inc. of Omaha, NE, in the amount of $444,854.00, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize Mayor and City Clerk to execute said documents. Submitted By: Mark A. Boesen, Manager of Rehabilitation Services/Building Maintenance Expenditure Required: $444,854.00 Source of Funds: GO Bonds, FY 2015 & 2016 Page 267 of 311 CITY OF WATERLOO Council Communication Request of the City of Waterloo to amend the 2007 City of Waterloo Code of Ordinances by amending Code Section 7-1-6; Property Owners to Maintain Right of Way. City Council Meeting: 6/26/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Water Works Felchle, Kelley Approved 6/14/2017 - 3:19 PM ATTACHMENTS: Description Type ❑ Sidewalk Ordinance Change Memo Backup Material ❑ Court Opinion Backup Material SUBJECT: Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of Ordinances by amending Title 7 -Public Ways and Property, Chapter 1 - Streets, Sidewalks and Public Ways, Section 6 - Property Owners to Maintain Right of Way. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Recommended Action: Approval. Summary Statement: The City needs to revise City of Waterloo City Code section 7-1-6 regarding a property owner's obligation to maintain the right of way, including sidewalks. This is due to a recent Iowa Supreme Court case, Madden v. City of Iowa City, 848 NW2d 40 (Iowa 2014). The Supreme Court was clear that "in order to establish liability, the Ordinance must expressly make an abutting landowner liable for damages occasioned by the defective condition of sidewalks." Page 268 of 311 MEMORANDUM TO: Kelley Felchle, City Clerk FROM: Dave Zellhoefer, Waterloo City Attorney RE: Sidewalk Ordinance Revision DATE: June 14, 2017 The City needs to revise City Ordinance 7-1-6 regarding a property owner's obligation to maintain the right of way, including sidewalks. Presently our Ordinance reads as follows: PROPERTY OWNERS TO MAINTAIN RIGHTS OF WAY: The abutting property owner shall be required to maintain all public rights of way between the property line and the edge of roadway or curbline upon the public streets. This shall include, but not be limited to, sidewalk maintenance and repair, keeping the ground at a level grade with the street, keeping the area free of holes, fences, litter, debris, all loose materials and all other obstructions, except the abutting property owner is not required to remove diseased trees or dead wood, (Rev. Ord. 1783, Cornp. 1941, p. S-25; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989). We need to add a sentence at the end of the Ordinance, stating the following: The abutting property owner may be liable for damages caused by failure to maintain the sidewalk and right of way. This is all being done as a result of a recent Iowa Supreme Court case, entitled Madden v. City of Iowa City, 848 NW2d 40 (Iowa 2014). The Supreme Court was quite clear that "in order to establish liability, the Ordinance must expressly make an abutting landowner liable for damages occasioned by the defective condition of sidewalks." This is a step that virtually all municipalities in the State of Iowa are taking, and we are just joining the fray as a result of the recent Iowa Supreme Court decision. Page 269 of 311 6/12i2617 Madden v. City of Iowa City I Cases 1 Iowa j Westlaw Original Image of 848 N.W.2d 40 (PDF) 848 N.W.2d 40 Supreme Court of Iowa. Madden v. City of Iowa City Supreme Court of Iowa. June 13, 2014 848 N.W.2d 40 305 Ed. Law Rep, 1095 (Approx. 22 pages) v. CITY OF IOWA CITY, Appellee, and State of Iowa, Appellant. No. 13-0673. June 13, 2014. Synopsis Background: Bicyclist, who fell while riding on a sidewalk abutting grounds of state university, brought action against city alleging that defect in sidewalk caused accident. City brought the State in as a third -party defendant and cross -claimed for contribution from State. State moved to dismiss cross-claim. The District Court, Johnson County, tan K. Thornh=.II, J., denied State's motion. State moved for interlocutory review. Holdings: Upon granting review, the Supreme Court, Appel, J., held that: 1 statute that stated that an abutting property owner could be required by ordinance to maintain ail property outside the lot and property lines and inside the curb lines upon the public streets did not expressly or impliedly provide for private cause of action; 2 in a matter of first impression, city ordinance that imposed liability on abutting property owner for injuries caused by sidewalk defects was not preempted by state law; 3 ordinance did not impose an unauthorized tax; and 4 State was not protected by sovereign immunity from liability under city ordinance. Affirmed. Mansfield, J., filed dissenting opinion joined by Waterman, J, West Neadnotes (18) 1 Appeal and Error Appealed from Supreme Court reviews the denial of motions to dismiss for errors at law. Change View Extent of Review Dependent on Nature of Decision 1 Case that cites this headnote 2 Municipal Corporations `€.. Liabilities of Abutting Owners At common law, the general rule, which is referred to as the "sidewalk accident decisions doctrine," is that an abutting property owner is not liable for an injury that resulted from a defective sidewalk. 3 Municipal Corporations Violation of ordinance or regulation A statute or ordinance that merely imposes a duty to maintain a sidewalk in good repair does not thrust liability for damages onto the abutting landowner; the no -liability theory is based upon the view that a requirement that abutting property owners maintain sidewalks is for the benefit of the municipality, not pedestrians. SELECTED TOPICS Municipal Corporations Conformity 10 Constitutional and Statutory Provisions Local Ordinance and Slate Law Defects or Obstructions in Streets and Other Public Ways Special Configuration of Pubic Property Violation 01 City Ordinance by Abutting Property Owner Secondary Sources Liability of abutting owner or oc for condition of sidewalk 88 A.L.R.2d 331 (Originally publishes .. , ...This annotation supersedes those in 41 A.L.R. 212, 58 A.L.R. 151, and 93 A.L.R. 799. It collects the cases considering the question whether and under what circumstances the owner or occupant of premise... s 54:66. Liability of third persons - Abutters 19 McQuillin Mun. Corp. § 54:66 (3d ed.) ...The common law does not require the abutter to use due care to keep the sidewalk in a reasonably safe condition, since that duty rests on the city. In other words, a municipality may not delegate its d... Liability of Municipality or Abutl Landowner for Injury Caused h, Defective Condition of Sidewalt 86 Am. Jur. Proof of Facts 3d 327 (Originally published in 2005) ...This article examines the issue whether municipality or abutting landowner is liable for personal injuries caused by the defective condition of a sidewalk. The article explains the relevant rules of Ia... See More Secondary Sources Briefs Appellee's brief on the Merits 1987 WL 881424 CITY OF LAKEWOOD, Appellant, v, . DEALER PUBLISHING CO., Appellee. Supreme Court of the Unite States July 17, 1987 ...Congress shall make no law . abridging the freedom of speech, or of the press; . No State shall . deprive any person of . liberty . without due process of law; . Applications may be made to and on form... Commonwealth of Virginia v. Kr Lamont Hicks 2003 WL 21523988 Commonwealth of Virginia v. Keven Lamont Hicks Supreme Court of the United States Mar. 07, 2003 ...The defendant, by counsel, moves this Honorable Court to dismiss the prosecution of all matters before this court, including charges of trespass and orders concerning the revocation of suspended senten... Brief Arnicas Curiae of tho Nati Institute of Municipal Law OfficE Support of Appettant, City of La 1987 WL 881431 CITY OF LAKEWOOD, Appellant, v. PLAIN DEALER PUBLISHING CO., Appellee. https:lll.next.westlaw.com/Document/166447f60f2f911e390d4edf60ce7d742Niew1FullText.html?originationContext,atypeAhead&transitionType=DeRcaNt.Of §11 6/12/2017 Madden v. City of Iowa City I Cases I Iowa I Westlaw 4 Municipal Corporations l.. Violation of ordinance or regulation An ordinance or statute that expressly makes an abutting landowner liable for damages occasioned by the defective condition of sidewalks may give rise to such liability. 5 Action Statutory rights of action Municipal Corporations `_ J Violation of ordinance or regulation Statute providing that an abutting property owner could be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets did not expressly or impliedly provide for a private cause of action against an abutting property owner for injuries sustained as a result of a sidewalk defect. I.C.A. § 364,12(2)(e). 6 Municipal Corporations Concurrent and Conflicting Exercise of Power by State and Municipality Municipal Corporations '=jam`' Violation of ordinance or regulation City ordinance expressly providing for a damage remedy against abutting landowners with respect to sidewalk defects was not preempted by statute providing that an abutting property owner could be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets but did not expressly or impliedly provide for a private cause of action against an abutting property owner; there was no conflict between the statute, which related to maintenance of sidewalks, and the ordinance, which expressly stated that abutting landowners were liable for damages resulting from sidewalk defects, I.C.A. § 364.12(2)(c). 7 Municipal Corporations Concurrent and Conflicting Exercise of Power by State and Municipality "Express preemption" of local action occurs where the legislature has explicitly prohibited local action in a given area. 8 Municipal Corporations _ y Concurrent and Conflicting Exercise of Power by State and Municipality "Field preemption" of local action applies when the legislature has enacted a comprehensive regulatory framework. 9 Municipal Corporations '.., °' Local legislation Municipal Corporations Conforrnity to constitutional and statutory provisions in general If city ordinance conflicts with a statute, it is invalid; if it does not conflict, it is e permitted exercise of home -rule authority. 2 Cases that cite this headnote 10 Municipal Corporations provisions in general In considering implied conflict preemption, where possible Supreme Court seeks to harmonize the state statute with the local ordinance. Conformity to constitutional and statutory 11 Municipal Corporations `.. Conformity to constitutional and statutory provisions in general In order to give rise to implied conflict preemption, the city ordinance must be irreconcilable with state law. 12 Municipal Corporations Conformity to constitutional and statutory provisions in general In applying implied conflict preemption, Supreme Court is to interpret the state law in such a manner as to render it harmonious with the city ordinance. Supreme Court of the United States May 15, 1987 ...This brief amicus curiae is filed pursuant to Rule 36 of the Rules of This Court on behalf of the more than 1,900 focal governments that are members of the National Institute of Municipal Law Officers ... See Mare Briefs Trial Court Documents in re Robb & Stucky Ltd. LLLP 2011 WL 2760962 In re: ROBB & STUCK'( LIMITED LL_. , Florida Limited Liability Limited Partnership, Debtor. United Slates Bankruptcy Court, M.D. Florida. Feb. 18, 2011 ...FN1. The last four digits of the taxpayer identification number for the Debtor are 6415. The mailing address for the Debtor is 14550 Plantation Road, Fort Myers, FL 33912. Chapter 11 THIS MATTER came b... En re Anchor Blue Retail Group, 2009 WL 8519813 United States Bankruptcy Court, D. Delaware. May 27, 2009 ...FN1. The Debtors in these cases, along with the last four digits of the federal tax identification number for each of the Debtors, are Anchor Blue Retail Group, Inc. (4718), Hub Distributing, Inc. (068... Ritz Camera & Image, L.I.c 2012 WL 3893705 In re: RITZ CAMERA & IMAGE, L.L.L., Debtors. 1. The Debtors in these Chapter 11 cases, along with the last four digits of each Debtor's federal lax identification number are: Ritz Camera & image, L.L.C. (7093) and Ritz interactive, LLG (4904). United States Bankruptcy Court, D. Delaware. Sep. 10, 2012 ...FN1. The Debtors in these Chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number are: Ritz Camera & Image, L.L.G. (7093) and Ritz Interactive, LLC (4904). See More Trial court Documents https:Nl.next.westlaw.corn/Document/166447f60f2f911e390d4edf60ce7d742Niew/FullText.html?originationContext=typeAhead&transitionType=l9 gebrtteict Of 4151 6112/2617 Madden v. City of Iowa City 1 Cases 1 Iowa Westlaw 13 MunicipaI Corporations ' Conformity to constitutional and statutory provisions in general In order to be "irreconcilable" for purposes of applying implied conflict preemption to a city ordinance, the conflict with state law must be obvious, unavoidable, and not a matter of reasonable debate. 14 municipal Corporations '„ Violation of ordinance or regulation When an ordinance or statute validly imposes a maintenance obligation and also imposes liability on the abutting landowner, the city is entitled to indemnification from the abutting landowner for any damages arising out of its failure to maintain the sidewalk. 15 Taxation '- ~~ Nature of taxes A "tax" is a general revenue measure without benefits conferred. 16 Municipal Corporations `.. Power and Duty to Tax in General City ordinance that imposed liability on an abutting property owner for injuries arising from sidewalk defects did not impose an unauthorized tax; no funds went into the city's coffers for general purposes, and taxpayers were not being charged for services that had no benefit to them, but rather the ordinance was a police regulation not unlike building or housing codes or protections against public and private nuisances. Const. Art. 3, § 38A. 17 Automobiles "1 ;- Nature and Grounds of Liability States Personal injuries in general State was not protected by sovereign immunity from liability under city ordinance that imposed liability on an abutting property owner for injuries arising from sidewalk defects, and thus, city could bring State in as a third -party defendant in action brought against city by bicyclist who was injured when she fell on sidewalk abutting state university, even though city ordinance was passed after the Iowa Tort Claims Act (ITCA) was enacted; ITCA's general waiver of sovereign immunity was not limited to claims that could have been recognized at the time of the passage of the ITCA, and nothing in the ITCA suggested potential claims against the State were limited precisely to those that might have been brought at the time of its enactment. I.C.A. §§ 669.2(3) (a), 669.14. 18 Action Statutory rights of action Negligence ;`v_ Duty based upon statute or other regulation Negligence °.v Standard established by statute or regulation A statutory duty or standard may establish an essential element for a negligence action; however, it does not provide the cause of action, but rather the duty or standard of care, statutory or otherwise, is merely an element of proof that comes into play after an action has been rightfully commenced pursuant to the preexisting common-law cause of action. Attorneys and Law Firms *42 Thomas J. Miller, Attorney General, Anne E. Updegraff and Tyler M. Smith, Assistant Attorneys General, for appellant. Eric R. Goers, Assistant City Attorney, Iowa City, for appellee. Opinion APPEL, Justice, A bicyclist was riding on the sidewalk abutting the grounds of the University of Iowa in Iowa City when she fell, sustaining an injury. The bicyclist filed a negligence action against the City for failure to maintain the sidewalk in a safe condition. The City moved to add the State of Iowa as a third -party defendant, arguing that it had by ordinance imposed a https://1.next.westlaw.com/Document/166447f60f21911e39Ocklettf6Oce7d742Niew/FullText.html?originationContext=typeAhead&transitionType= Rag fFc ict.Of 4151 6/1222617 Madden v. City of Iowa City 1 Cases 1 Iowa I Westlaw requirement on the abutting landowner to maintain the sidewalk and that the ordinance was permitted under Iowa Code section 364.12(2)(c ) (2009). The City's motion was granted. The City then filed a cross -petition against the State alleging entitlement to contribution. The State filed a motion to dismiss the City's cross -petition. The district court later denied the State's motion to dismiss the City's cross-claim. The State filed a motion for interlocutory review, '43 which was granted. For the reasons expressed below, we affirm. I. Background Facts and Proceedings. Beth Madden was riding her bicycle on a sidewalk abutting the grounds of the University of Iowa in Iowa City. She lost control of her bicycle, crashed, and sustained an injury. Madden filed suit against the City, claiming that the City owned or had control over the sidewalk and that a defect in the sidewalk caused the accident. She claimed the City was negligent in failing to prevent or remedy the defect, in failing to warn her of the defect, or in otherwise failing to exercise reasonable care in maintaining the sidewalk. Because the university is publicly funded, the City moved to bring in the State as a third - party defendant. In support of its motion, the City cited its ordinance requiring an abutting property owner to maintain the sidewalk in a safe condition and providing that "jt]he abutting property owner may be liable for damages caused by failure to maintain the sidewalk." Iowa City, Iowa, Code § 16-1A-6 (current through Mar. 4, 2014), available at www.sterling codifiers. comlcodebooklindex.php?book_id=953. The City maintained that the ordinance was authorized by Iowa Code section 364.12(2)(c ), which expressly authorizes cities to enact ordinances requiring abutting landowners to maintain property between the outside property line of the lot and inside the curb lines (which would include sidewalks). The City argues section 364.12(2)(c) does not expressly authorize cities to impose liability for damages caused by the failure of the abutting landowner to maintain the sidewalk. The district court granted the motion, and the City filed a cross-claim against the State. The State then filed a motion to dismiss the City's cross-claim. The State raised three arguments in support of the motion. First, the State claimed Iowa Code section 364.12(2) (c ) did not expressly waive sovereign immunity and had the legislature intended to do so, it would have done so expressly. Second, the State argued the City's cross -petition did not allege a claim under the Iowa Tort Claims Act (ITCA), Iowa Code chapter 669, because the cross -petition was based upon a theory of statutory liability, not negligence and therefore immunity was not waived. Third, the State asserted that to the extent the City sought contribution from the State, the claim was fatally flawed because while section 364.12(2)(c) imposes a duty on an abutting property owner to maintain the sidewalk, it does not impose liability for failure to do so. In a reply brief, the State further asserted the lowa City ordinance making the abutting landowner liable to the injured person for common law damages "is in effect a tax that is not authorized by the Iowa legislature." The district court denied the motion to dismiss concluding the City's contribution claim for money damages resulting from Maddens personal injuries was not excluded from the ITCA and that the City's cross -petition adequately pled a claim under the ITCA. With respect to whether the City's cross -petition was based upon statutory liability, and thus was not within the scope of the ITCA because it was not based upon a negligence theory, the district court, pointing to Seeman v. Liberty Mutual Insurance Co., 322 N.W.2d 35, 37 (Iowa 1982_), concluded an ordinance can establish a duty, the breach of which supports a negligence claim. Further, the district court concluded the City had pled a valid contribution claim. The district court reasoned that while section 364.12(2)(c) only expressly authorizes the City to require an abutting property owner *44 to maintain the sidewalk, the City's ordinance imposing liability permissibly set standards and requirements higher or more stringent than provided in section 364.12(2) and no provision of the state law provides otherwise. Finally, the district court concluded the Iowa City ordinance existed in harmony with the Iowa Code. The State sought interlocutory appeal, which we granted. II. Standard of Review. 1 The court reviews the denial of motions to dismiss for errors at law. McGill v. Fish, 790 N.W.2d 113, 116 (Iowa 2010). III. Overview of Liability of Abutting Property Owner for Sidewalk Defects. 2 At common law, the general rule was that an abutting property owner was not liable for an injury that resulted from a defective sidewalk. See, e.g., Sexton v. Brooks, 39 Ca1.2d 153, 245 P.2.d 496, 498 (1952); Mendoza v. White Stores, inc., 488 P.2d 90, 92 1 C 0,-oS /6 https:111.next.westlaw.comlDocument/166447f60f2f911e390d4edf60ce7d742Mew/FullText.html?originationContext-typeAhead&transitionType= D lagZarPf / 5� 6/12/2017 Madden v. City of Iowa City [ Cases [ Iowa [ Westlaw (Colo-App.1971); Major v. Fraser, 78 Nev. 14, 368 P.2d 369, 370 (1962); see also C.P. Jhong, Annotation, Liability of Abutting Owner or Occupant for Condition of Sidewalk, 88 A.L.R.2d 331 § 6[aj, at 354-57, Supp. 32-34 (1963 and Later Case Service (2009)) [hereinafter Jhong]; 2 Louis A. Lehr Jr., Premises Liability 3d § 36:18 (2013) (hereinafter Lehr], available at www.westlaw.com; 19 Eugene McQuillin, The Law of Municipal Corporations § 54:67, at 232 (3d ed.2004 rev. vol.). The general rule has sometimes been referred to as the "Sidewalk Accident Decisions Doctrine." Contreras v. Anderson, 59 Cal.App-4th 188, 69 Cal.Rptr.2d 69, 73 n. 6 (1997). There were two generally recognized exceptions to the common law rule. f=irs where the owners of property abutting the public sidewalk contributed to or caused the dangerous condition that was the proximate cause of the injury, sorne courts found the abutting landowner liable. See, e.g., Del Rio v. City of Hialeah, 904 So.2d 484, 487 (Fla.DIst.Ct.App.2005) (involving city ordinance that "impose[d] upon the owner of abutting property liability for injuries "sustained by a pedestrian if the abutting property owner contributed to or caused the dangerous condition in the sidewalk which was the proximate cause of the complained of injury"); Ward v. Frank's Nursery & Crafts, Inc., 186 Mich.App. 120, 463 N.W.2d 442, 446 (1990) (discussing landowner who physically intruded on adjacent public way by casting debris upon it, causing pedestrian's slip and fall). Second liability could also be imposed if the sidewalk in question was constructed in a special manner for the benefit of the abutting landowner. See, e.g., Pereiich v. City of New York, 263 A.D.2d 410, 693 N.Y.S.2d 576, 578 (1999) (involving heavy use of sidewalk by trucks making daily deliveries); Nickelsburg v. City of New York, 263 A.D. 625, 34 N.Y.S.2d 1, 2-3 (1942) (finding installation of rails across sidewalk to permit wheeling of refuse to curb gives rise to liability). 1 3 Consistent with the common law rule, it has generally been held that a statute or ordinance that merely imposes a duty to maintain a sidewalk in good repair '"45 does not thrust liability for damages onto the abutting landowner. See Jhong § 6[a], at 354-57, Supp. 32-34; Lehr § 36:18; McQuillin § 54:67, at 238-39; see also Dreher v. Joseph, 60 Conn.App. 257, 759 A.2d 114, 116-17 (2000); Robinson v. Arnold, 985 S.W.2(1 801, 803 (INo.Ct.App.1998). The no -liability theory is based upon the view that a requirement that abutting property owners maintain sidewalks is for the benefit of the municipality, not pedestrians. See Schaefer v Lenahan, 63 Cal.App.2d 324, 146 P.2d 929, 931 (1944) (noting maintenance statute for the benefit of the city, not for the traveler on the sidewalk); Denison Parking, Inc. v. Davis, 861 N.E.2d 1276, 1281 (lnd.Ct.App.2007) (stating statutory duty to maintain sidewalk free of snow and ice not for protection of individuals using the streets, but for benefit of municipalities); Nord v Butte Water Co., 96 Mont. 311, 30 P.2d 809, 812 (1934) (noting that when ordinance requires abutting property owner to keep sidewalk in repair, city's duty to the public is not affected and property owner is joint agent with city officials in performance of city's duty). 4 In contrast, an ordinance or statute that expressly makes an abutting landowner liable for damages occasioned by the defective condition of sidewalks may give rise to such liability. See Jhong § 7, at 358-61, Supp. 34-36; Lehr § 36:18; McQuillin § 54:67, at 238-39; see also Gonzales v. City of San Jose, 125 Cat.App.4lh 1127, 23 Cal.Rptr.3d 178, 181, 185 (2004); Davison v. City of Buffalo, 96 A.D.3d 1516, 947 N.Y.S.2d 702, 703 (2012); Pardi v. Barone, 257 A.D.2d 42, 690 N.Y.S.2d 315, 317 (1999); Bogomolsky v. City of New York, 259 A.D.2d 719, 687 N.Y.S.2.6 176, 177 (1999); Gangemi v. City of New York, 13 Misc.3d 1112, 827 N.Y.S.2d 498, 504 (Sup.Ct.2006). Express legislative authorization to shift liability onto abutting landowners dates back to the late nineteenth century. See, e.g., Morton v. Smith, 48 Wis. 265, 4 N.W. 330, 330 (1880) (involving city charter that obligated abutting property owner to maintain sidewalk and imposed liability for defects). Iowa has long followed the established common law rule that an abutting property owner is not liable in tort for injuries arising from defects in adjacent sidewalks. See, e.g., City of Keokuk v. Endep. Dist. of Keokuk, 53 Iowa 352, 355-57, 5 N.W. 503, 506-07 (1880). Further, we have also followed the well-established rule that where a statute requires an abutting property owner to engage in sidewalk maintenance activities, such as the removal of snow and ice accumulations, such an affirmative obligation does not give rise to liability for damages. Soo Puffers v. City of Dos Moines, 299 N.W.2d 675, 677--78 (Iowa 1980), superseded by statute, 1984 Iowa Ants ch. 1002, § 1 (codified at Iowa Code § 364.12(2)(b) (1985)), as recognized in Fritz v. Parkison, 397 N.W.2d 714, 717 n. 1 (Iowa 1986). IV. Overview of Relevant Statutes and Ordinances. https:l/1.next.westlaw.com/Document/t66447f60f2f91'Ie390d4edf60ce7d742Mew/FullText.html?originationContext=typeAhead&transitionType=t9 ge?riteRt Of 4151 6/12/2017 Madden v. City of Iowa City 1 Cases l Iowa l Westlaw We begin with a review of the provisions of Iowa Code chapter 364. Chapter 364 generally describes the powers and duties of cities under Iowa law. See Iowa Code ch. 364 (2009). Section 364.12(2) relates to maintaining certain city property, including sidewalks. See lowa Code § 364.12(2). As relevant, section 364.12(2) provides: A city shall keep all ... sidewalks ... in repair, and free from nuisance, with the following exceptions: (b ) The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for *46 damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice.... (c) The abutting property owner may be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets.... Id. In light of section 364,12(2)(c ), the City enacted an ordinance that in relevant part, provides that "[t]he abutting property owner shall maintain the sidewalk in a safe condition, in a state of good repair, and free from defects." lowa City Code § 16-1A-6. The ordinance further provides that "[t]he abutting property owner may be liable for damages caused by failure to maintain the sidewalk."' 2 Id. The latter -quoted clause gives rise to the controversy in this case. The State claims the City does not have the power to impose liability on an abutting property owner, but may only require the abutting property owner to maintain the sidewalk as expressly permitted by Iowa Code section 364.12(2)(c ). Finally, Iowa Code section 669.2(3)(a ), which defines "claim" for purposes of the ITCA, generally waives sovereign immunity for [a]ny claim against the state of lowa for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the state while acting within the scope of the employee's office or employment, under circumstances where the state, if a private person, would be liable to the claimant for such damage, loss, injury, or death. A contested issue in this case is whether the City's cross -petition asserts a claim under this provision. V. Authority of City to Impose Liability by Ordinance on Abutting Landowners for Sidewalk Maintenance and Repair. A. Positions of the Parties. 1. The State. The State contends the language in Iowa Code section 364.12(2)(c) does not shift liability to abutting property owners for failure to maintain or repair sidewalks. At common law, the State observes, there is no negligence action for sidewalk maintenance against the abutting landowner. See City of Keokuk, 53 lowa 352 at 355-57, 5 N.W. at 506-07. The State's position is that the statute does not alter the common law rule, but only requires an abutting land owner to maintain the sidewalk. If the abutting property owner fails to repair the sidewalk after notice, the City may perform the work and bill the abutting landowner "for collection in the same manner as a property tax." Iowa Code § 364.12(2)(d )—(e ). *47 The Slate supports its argument by citing the adjacent statutory provision related to removal of snow and ice found in Iowa Code section 364.12(2)(b ). Here, the legislature expressly declared the abutting property owner "is responsible" for removal of natural accumulations of snow and ice and "may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of snow or ice." Iowa Code § 364.12(2)(b ). The State asserts the language in the statute authorizing damages for failure to remove snow and ice was enacted by the legislature in 1984 to nullify this court's decision in Peffers. See 1984 Iowa Acts ch. 1002, § 1. In Peffers, we held a precursor Iowa Code section 364.12(2)(b ), which merely stated the property owner was responsible for prompt removal of snow and ice, did not establish a right of action for damages upon the abutting landowner. 299 N.W.2d at 676, 679. https://1.next.westlaw,com/Document1166447f60f2f911e390d4edf60ee7d742Mew/FullText.html?originationContext=typeAhead&transitionType=DggffcbrifA Of //51 6/12/2017 Madden v. City of Iowa City1 Cases 1 Iowa 1 Westlaw The State then addresses the question of whether the City's ordinance is a permissible exercise of home -rule powers even if Iowa Code section 364,12(2)(b ) does not expressly authorize a damage remedy. The City notes that under section 364.12(2), the legislature has stated that "[a] city shall keep all ... sidewalks ... in repair, and free from nuisance, with the following exceptions" including the exception authorizing the City to require abutting landowners to maintain sidewalks in Iowa Code section 364.12(2)(c ). The State claims, however, that the carve -out from primary responsibility for sidewalks is a limited one that only relates to maintenance and repair, and does not authorize a carve -out for damages actions. As a result, any liability for damages remains with the City, which is required to maintain sidewalks subject only to the narrow statutory exceptions. Any effort by the City to shift liability for sidewalk maintenance, according to the State, is thus inconsistent with the legislative scheme, which imposes responsibility for maintenance of sidewalks upon the City subject only to certain exceptions. 2. The City. The City views the statutory scheme differently. The City views section 364.12(2)(b ) as a mandatory section under which an abutting landowner "is responsible" for snow and ice removal from sidewalks and "may be liable for damages" regardless of the policy preference of the City. Iowa Code § 364.12(2)(b ). No local ordinance is required to implement the legislature's policy of imposing liability for snow and ice removal from sidewalks on abutting landowners. The City argues, however, that in contrast to the snow and ice provision, Iowa Code section 364,12(2)(c ) is an optional provision. Under section 364.12(2)(c ), the City argues the question of whether an abutting landowner is liable for damages arising from maintenance or the failure to repair defects in sidewalks rests within the discretion of the City. In other words, the legislature has directed that in alt cities, an abutting landowner may be liable for damages related to snow and ice, but with respect to general maintenance and repair of sidewalks, the question of liability of abutting property owners depends upon whether a city elects to impose such liability by ordinance. Turning to the home -rule issue, the City asserts that under article III, section 38A of the Iowa Constitution, as implemented by legislation, "[a] city may exercise its general powers subject only to limitations expressly imposed by a state or city law." Iowa Code § 364.2(2). The City further notes that "[a]n exercise of a city power is not inconsistent with a state law unless it is irreconcilable with state law." Id. § 364.2(3). "48 The City then analyzes our caselaw determining whether a local law is inconsistent with state law. The City notes that we have employed a preemption analysis that includes express preemption and two forms of implied preemption, field preemption and conflict preemption. The City notes the Iowa Code does not expressly preempt a city's imposition of liability for sidewalk maintenance and repair on abutting landowners, and as a result, the case turns on implied field and conflict preemption. With respect to field preemption, the City argues the statutes related to the maintenance of sidewalks are not sufficiently comprehensive to oust the City's home -rule authority. Cf. City of Davenport v Seymour, 755 N.W.2d 533, 543 (lowa 2008) (noting comprehensive statute may give rise to field preemption). With respect to conflict preemption, the City argues an ordinance must be irreconcilable with state law, such as when local law prohibits an act permitted by statute or permits an act prohibited by statute. See BeeRite Tire Disposal/Recycling, Inc. v. City of Rhodes, 646 N.W.2d 857, 859 (Iowa Ct.App.2002). According to the City, the imposition of a duty and subsequent liability is a measure for the "safety, health, welfare, comfort, and convenience of its residents" and is faithful with the legislative framework established in Iowa Code chapter 364. Iowa Code § 364.1. 5 B. Analysis. We begin our discussion by making an important legal distinction. One question raised by the State is whether Iowa Code section 364.12(2)(c) gives rise to a private cause of action against an abutting property owner for injuries sustained as a result of a sidewalk defect. We think the answer to this question is clear, and it is no. As the State correctly points out, the statute expressly authorizes a damages action against an abutting landowner for failure to remove snow and ice in Iowa Code section 364.12(2) (b ), but such language is notably absent in Iowa Code section 364.12(2)(c ). The inclusion of an express provision for a damages action in subsection (b ) and the omission of such language in subsection (c) is a strong indicator that we should not imply a damages action in subsection (c ). Further, the caselaw supports the State's argument that Iowa Code section 364.12(2)(c ) does not expressly or impliedly provide for a private cause of action. In Peffers, we considered whether a precursor to the present statute authorized a damage remedy https://1.next.westl aw.com/ta ocument/166447f60f2f911 e390d4edf60ce7d742n1 ew/FullText.htm l?origi nationContext=typeAhead&Irani tionType= D I gr1t t Of /151 6/1222017 Madden v. City of Iowa City j Cases ! Iowa I Westlaw based on an alleged negligent failure to remove snow and ice. 299 N.W.2d at 676. Consistent with the prevailing caselaw across the country, we held that the statute at the time, which only imposed a duty of maintenance with respect to sidewalks, did not create a damage remedy. Id. at 677. In response to Peffers, the legislature amended Iowa Code section 364.12(2)(b ) to explicitly provide for a damage remedy in the case of removal of snow and ice. See 1984 Iowa Acts ch. 1002, § 1. The legislative action conformed to the generally prevailing view endorsed in Peffers that a statute or ordinance that imposes a duty of maintenance does not give rise to a damages action, while, conversely, if a statute or ordinance does expressly provide for a damages action, liability may result. 299 N.W.2d at 677. 6 If the question of whether the statute, standing alone, authorizes a damages remedy demarcated the end of the legal trail, this case would be an easy case, and quickly dispatched. But it is not the end of the legal trail. The City rests its legal argument not on the stand alone authority of Iowa Code section 364.12(2)(c ), but instead upon its local ordinance which expressly authorizes a damage remedy. In short, the City asserts it may bring in the *49 State as a third -party defendant under its ordinance which expressly provides that the abutting landowner has a duty to maintain the sidewalk and is liable for damages in the case of negligence arising from a breach of that duty. This is a distinctly different issue than was decided in Peffers. In Peffers, the issue was whether a damages action could be implied from a mere duty to maintain the sidewalk. See 299 N.W.2d at 677. Here, the ordinance goes well beyond the statute at issue in Peffers and expressly authorizes damages actions. See Iowa City Code § 16-1A-6. In other words, the central question in this case is whether the express damages provision in the Iowa City ordinance may be validly enforced against the State. In order to determine whether the ordinance is lawful, we begin with Iowa Constitution article III, section 38A, which generally provides for home rule for Iowa municipalities. Under our home -rule approach, except for taxing authority, municipalities ordinarily have the power to determine local affairs as they see fit unless the legislature has provided otherwise. See Iowa Const. art. III, § 38A. We must determine whether the legislature has ousted the City's power to enact the ordinance through the various provisions of Iowa Code section 364.12. 7 In determining whether the legislature has trumped local action, we engage in what we have called preemption analysis. By way of general overview, there are two types of preemption: express and implied. Express preemption occurs where the legislature has explicitly prohibited local action in a given area. Hensler v. City of Davenport, 790 N.W.2d 569, 585 (Iowa 2010); Seymour; 755 N.W.2d at 538; Goodell v. Humboldt County, 575 N.W.2d 486, 492 (Iowa 1998). No party here claims the legislature has expressly prohibited municipalities from seeking to impose liability on abutting landowners for sidewalk maintenance. As a result, only implied preemption is available to the State in its effort to defeat enforcement of the City ordinance. 8 9 Implied preemption breaks down into two subcategories, field preemption and conflict preemption. Hensler, 790 N.W.2d at 585-86; Seymour, 755 N.W.2d at 538-- 39; Goodell, 575 N.W.2d at 493. No one has suggested field preemption—which may apply when the legislature has enacted a comprehensive regulatory framework—applies here. Hensler, 790 N.W.2d at 585-86; Seymour, 755 N.W.2d at 539. So the sole issue is whether the City's ordinance conflicts with a state statute. If the ordinance conflicts with a statute, it is, of course, invalid. See Seymour, 755 N.W.2d at 538, 541-42. If it does not conflict, it is a permitted exercise of home -rule authority. 10 11 12 13 In considering implied conflict preemption, where possible we seek to harmonize the state statute with the local ordinance. Seymour, 755 N.W.2d at 539; Goodell, 575 N.W.2d at 500. In order to give rise to implied conflict preemption, the ordinance must be "irreconcilable" with state law. Hensler, 790 NW2d at 585; Seymour, 755 N.W.2d at 539, 541; BeeRite Tire Disposal, 646 N.W.2d at 859. In applying implied conflict preemption, we are to —interpret the state law in such a manner as to render it harmonious with the ordinance.' " Seymour, 755 N.W.2d at 539 (quoting City of Des Moines v. Gruen, 457 N.W.2d 340, 342 (Iowa 1990)); accord Iowa Grocery Indus. Ass'n v. City of Dos Moines, 712 N.W.2d 675, 680 (Iowa 2006). in order to be "irreconcilable," the conflict must be " `obvious, unavoidable, and not a matter of reasonable debate.' " Hensler, 790 N.W.2d at 585 (quoting Seymour, 755 N.W.2d at 539). *50 Although we think it quite clear that Iowa Code section 364.12(2)(b ) does not create a stand-alone cause of action for damages with respect to the failure of an abutting a p 1 https://1.next.westlaw.coralDocumentl166447f60f2f911e390d4edf60ce7d742Alew/FullText.html?originationContext=typeAhead&transitionType=lipef I&canfezt. 9 151 611212b17 Madden v. City of Iowa City I Cases j Iowa I Westlaw landowner to maintain or repair sidewalks, nothing in the statute expressly or impliedly prohibits cities from doing so. The statute indicates an abutting property owner "may be required" by ordinance to maintain property, Iowa Code § 364.12(2)(c ), but does not prohibit an ordinance that also creates a damages remedy, see Iowa Code § 364.12. While legislative silence on the issue may be a powerful indicator that the legislature has not created an implied cause of action under the statute, we do not think legislative silence can be interpreted as a prohibition of local action under home rule in light of our obligation to harmonize and reconcile a statute with an ordinance whenever possible. In order to be irreconcilable, the conflict must be "obvious, unavoidable, and not a matter of reasonable debate." Hensler, 790 N.W.2d at 585 (quoting Seymour, 755 N.W.2d at 539). Here, there is no such conflict between the statute, which relates to maintenance of sidewalks, and the City's ordinance, which expressly states that abutting landowners are liable for damages resulting from sidewalk defects. 14 Where an ordinance or statute imposes a duty to maintain sidewalks on abutting landowners, the majority view is that the obligation of the abutting landowner is one as agent for the municipality, or, acting for the benefit of the municipality. See Schaefer, 146 P.2d at 930-32; Nord, 30 P.2d al 812-13 ("When ... the city by ordinance requires the abutting property owner to keep the sidewalk in repair, the city's duty to the public is not affected; it merely makes the individual a joint agent with the city officials for the performance of the city's duty.").3 We therefore conclude that when an ordinance or statute validly imposes a maintenance obligation and also imposes liability on the abutting landowner, the City is entitled to indemnification from the abutting landowner for any damages arising out of its failure to maintain the sidewalk. We note that at least one other jurisdiction has come to the conclusion that a similar local ordinance is not preempted by state law. In Gonzales, the appellate court considered, among other issues, whether a state statute which required landowners of abutting property to maintain sidewalks preempted a local ordinance which provided that abutting landowners could be liable to third parties. 23 Cal.Rptr.3d at 183-84. The Gonzales court specifically considered whether California Streets and Highways Code section 5610, which required abutting landowners to maintain sidewalks preempted the local ordinance. Id. at 182-84. According to the Gonzales court, the statute dealt only with "maintenance of abutting sidewalks, and the landowner's duty to the city, not to pedestrians that use the sidewalk." Id. at 184. The Gonzales court reasoned that "silence on the issue of adjacent landowner liability does not preempt the local ordinance." Id. We apply similar reasoning in this case. *51 For the above reasons, we conclude the Iowa City ordinance expressly providing for a damage remedy against abutting landowners with respect to sidewalk defects is not preempted by lowa Code section 364.12(2). VI. Whether Potential Imposition of Liability Against the State is an Unlawful Tax. A. Positions of the Parties. 1. The State. The State contends the City's attempt to thrust liability onto the State amounts to an effort to levy a tax not authorized by statute. The State cites the Iowa home rule amendment. See Iowa Const. art. III, § 38A. Under the home rule amendment, a municipal corporation does not have the power "to levy any tax unless expressly authorized by the general assembly." Id. The State points out that nothing in the Iowa Code expressly authorizes the City to shift liability onto abutting property owners. Further, the State claims that under Iowa Code section 364.3(2), a city may not impose a penalty in excess of a fine of five hundred dollars and thirty days' imprisonment, and under lowa Code section 364.3(6), a city may not provide a civil penalty in excess of seven hundred and fifty dollars for the violation of a municipal infraction. Imposition of tort damages, the State argues, is the imposition of an unauthorized tax. 2. The City. The City responds by noting that under our caselaw, a tax is " 'a charge to pay the cost of government without regard to special benefits conferred,' meaning its primary purpose is to raise revenue." Kragnes v. City of Pies Moines, 714 N.W.2d 632, 639 (Iowa 2.006) (quoting Horne Builders Ass'n of Greater Des Moines v. City of West Des Moines, 644 N.W.2d 339, 346 (Iowa 2002)). The City maintains the primary purpose of its ordinance is not to raise revenue for the City, but to allow a third party injured by a defect in a sidewalk to recover from the abutting landowner. Further, the City contends nothing in Iowa Code sections 364.3(2) or 364.3(6) prevents the City from imposing remedies on property owners that exceed those Iirnitat€ons. https:Ill.next.westlaw.comlDocument/166447f60f2f911e390d4odf60ce7d742Mew1FullText.html?originationContext=typeAhead&transitionType=t�egIR&cieLt... X151 6/12/2017 Madden v. City of Iowa City l Cases l Iowa 1 Westlaw B. Analysis. Although there are few cases of recent vintage, most of the authorities dealing with ordinances thrusting responsibility for sidewalks onto abutting owners have been sustained against challenges that they impose an unlawful tax. See James v. City of Pine Bluff, 49 Ark. 199, 4 B.W. 760, 761-62 (1887); Palmer v. Way, 6 Colo. 106, 117-18 (1881); Inhabitants of Palmyra v. Motion, 25 Mo, 593, 595-96 (1857); City of Lincoln v. Janesch, 63 Neb. 707, 89 N.W. 280, 281-82 (1902); State v. Newark, 37 N.J.L. 415, 422-23 (1874); Mayor & Aldermen v. Maberry, 25 Tenn. (5 Hurn.) 368, 372-74 (1845); Cain v. City of Tyler, 261 S.W. 1018, 1021 (Tex.Comm'n App.1924, judgm't adopted). There is some authority to the contrary. See Noonan v City of Stillwater, 33 Minn. 198, 22 N.W. 444, 445-47 (1885). See generally J.P.M., Annotation, Constitutionality of State or Ordinance Imposing upon Abutting Owners or Occupants Duty in Respect of Care or Condition of Street or Highway, 58 A.L.R. 215 (1929), available at www.westlaw.com (collecting cases regarding the constitutionality "of statutes imposing upon abutting owners or occupants duties in respect of care or condition of street or highway"). 15 16 Our cases indicate a tax is a general revenue measure without benefits conferred. Kragnes, 714 N.W.2d at 639; Horne Builders, 644 N.W.2d at 346. We do not believe an ordinance that imposes a liability on a properly owner for injuries arising from sidewalk defects amounts to a tax. No funds go into the City's coffers for general purposes. Taxpayers are not *52 being charged for services that have no benefit to them. Instead, the ordinance imposes a duty on abutting landowners and makes them responsible for personal injuries that occur from sidewalk defects that exist as a result of their breach of a duty established by the city ordinance. We do not think this case can be shoehorned into our taxation doctrine. Like the majority of cases from other jurisdictions, we regard the ordinance as a police regulation not unlike building or housing codes or protections against public and private nuisances. We therefore reject the State's challenge to the Iowa City ordinance on the ground that it imposes an unauthorized tax. VII. Whether the City's Cause of Action Against the State is a "Claim" Under the ITCA. A. Positions of the Parties. 1, The State, The State maintains that at common law, an injured party could not seek to recover for damages due to a sidewalk defect from an abutting landowner. City of Keokuk, 53 Iowa at 355-57, 5 N.W. at 506-07 (holding that city may, by ordinance, require abutting landowner to repair sidewalk, but that the abutting landowner is not liable in an action in tort for injuries). The State next maintains that when the ITCA was enacted in 1966, the statute only waived sovereign immunity for torts "then existing at common law." Because liability for injuries due to a defect in a sidewalk could not at common law be thrust upon an abutting landowner at the time the ITCA was enacted, the State contends the State has not waived sovereign immunity on the City's claim. In other words, the State asserts that its sovereign immunity has not been waived with respect to claims arising from any obligations created under Iowa Code section 364.12(2)(c ) or Iowa City Code section 16-1A-6 because these measures were enacted after the ITCA was passed. In addition to arguing that the ITCA does not waive immunity for subsequently enacted statutes and ordinances, the State also maintains that nothing in Iowa Code section 364.12(2)(c) itself amounts to a waiver of sovereign immunity. In support of its argument that Iowa Code section 364,12(2)(c ) does not waive sovereign immunity, the State cites two Connecticut cases, Rivers v. City of New Britain, 288 Conn. 1, 950 A.2d 1247 (2008) (involving case in which the court granted the state's motion to dismiss where claim was based on city ordinance that was authorized by statute generally imposing duty and liability on all abutting landowners to maintain sidewalk because statute did not expressly waive state's sovereign immunity), and Gould v. City of Hartford, 44 Gonn.Supp. 389, 691 A.2d 35 (1995) (same). 2. The City. The City argues liability in this case is, in fact, based upon common law that preexisted the /TCA. According to the City, its claim is an old-fashioned claim based upon common law negligence. The City recognizes the duty of care imposed on an abutting landowner to keep sidewalks free from defects arises under the City's ordinance, but contends the cause of action remains the common law tort of negligence. The City cites Seeman for the proposition that a statutory duty may establish an essential element of a negligence action, such as the duty of care, but it does not provide a cause of action. See 322 N.W.2d a1 37. In short, the City contends the State confuses the creation of a duty by statute with the creation of a cause of action for negligence. The City notes that once it is understood that its claim sounds in negligence, it is clear under the /TCA, specifically �1 https://1.next.westlaw.com/Document/166447f60f2t911e390d4edf60ce7d742iYew/FullText.html?originationContext=typeAhead&transitionType=Dp e � &Cbhie`fi7A . Of 141 6/12/2017 Madden v. City of Iowa City j Cases j Iowa 1 Westlaw Iowa Code section 669.2(3)(a ), that sovereign immunity has been waived with respect to liability *53 "caused by the negligent or wrongful act or omission of any employee of the state." Iowa Code § 669.2(3)(a ). With respect to the argument that section 364.12(2)(c ) does not expressly waive sovereign immunity for claims arising out of city ordinances related to sidewalks, the City asserts that no such express waiver is required because the ITCA provides a general waiver of liability. The City distinguishes Gould and Rivers on the ground that Connecticut, unlike Iowa, has no general sovereign immunity statute. The City then turns to the ITCA to determine whether the State has waived sovereign immunity for the claims in this case. The City notes that the contribution claim it is making is based upon a personal injury. It further asserts that if the abutting property owner was a private person, and if that private person were negligent, liability would arise. Further, the claim is not excluded by one of the exceptions listed in Iowa Code section 669.14. Therefore, the City argues that its cause of action against the State amounts to a "claim" under the ITCA. 17 B. Analysis. We think the City has the best argument here. The term "claim" in the ITCA is broadly defined to include any damages "caused by the negligent or wrongful act or omission of any employee of the state." Iowa Code § 669.2(3)(a ). We have characterized the ITCA as establishing a "general waiver" of sovereign immunity subject to the delineated exceptions in Iowa Code section 669.14. Adam v. State, 380 N.W.2d 716, 724 (Iowa 1986). The State does not claim any of the stated exceptions are applicable in this case. 18 Instead, the State argues that because Iowa Code section 364.12(2)(c) and Iowa City Code section 16-1A-6 were enacted after the ITCA was passed sovereign immunity has not been waived here and nothing in Iowa Code section 364.12(2)(c ) amounts to a waiver of sovereign immunity. The State misses the distinction between the source of a duty and a cause of action. As we noted in Seeman: A statutory duty or standard may thus establish an essential element for a negligence action. However, it does not provide the cause of action.... The duty or standard of care, statutory or otherwise, is merely an element of proof that comes into play after an action has been rightfully commenced pursuant to the preexisting common-law cause of action. 322 N.W.2d at 37. Thus, even accepting the State's analytical framework, it appears that the cause of action in this case is negligence. No one contests that a claim of negligence preexisted the passage of the ITCA. Further, the core purpose of the general waiver of sovereign immunity in the ITCA, subject of course to the enumerated exceptions expressly stated in Iowa Code section 669.14, is to allow the State to be sued "under circumstances where the state, if a private person, would be liable to the claimant for such damage, loss, injury, or death." Iowa Code § 669.2(3)(a ); see also Graham v. Worthington, 259 Iowa 845, 861, 146 N.W.2d 626, 637 (1966) (holding ITCA does not create new causes of action, but creates acceptance of liability under circumstances that would bring private liability into existence). As a result of our previous holdings, we have determined that if the abutting landowner in this case were a private entity, it could be brought into this case as a third - party defendant. We thus think permitting the City to bring the State in as a third -party defendant in this negligence action and treating it as if it were a private party, fulfills the fundamental purpose of the ITCA. The broad *54 waiver of sovereign immunity in the ITCA thus makes this case distinguishable from Gould and Rivers. We therefore reject the State's argument that the waiver of sovereign immunity is somehow limited to claims that would have been recognized at the time of the passage of the Act. We see nothing in the Act that suggests potential claims against the state are limited precisely to those that might have been brought in 1966. Instead, we think the better view is that the State, subject to the statutory exceptions, stands in the same shoes as a private party for claims regardless of their viability at the time the ITCA was enacted. If the State is correct, a tort regime would develop slowly over lime which, after the passage of decades of legal development, would lead to a dual -track system of liability, thereby undermining the stated legislative purpose. We do not think the legislature intended to build into the ITCA a mechanism of gradual erosion. VIII. Conclusion. https:1/1.next.westlaw.cora/Document!166447f60f2t911e390d4edf60ce7d742�t9 ew/FuliText.html?originationContext=typeAhead&transitionType=eQlQ, of1j151 6/12/2017 Madden v. City of Iowa City 1 Cases 1 Iowa j Westlaw For all the above reasons, we conclude the Iowa City ordinance is not preempted by Iowa Code section 364.12(2), the potential imposition of indemnity under the ordinance does not give rise to an unlawful tax, and the claim brought against the State is within the scope of ITCA for purposes of waiver of sovereign immunity. As a result, the decision of the district court denying the State's motion to dismiss is affirmed. AFFIRMED. All justices concur except WATERMAN and MANSFIELD, JJ., who dissent. MANSFIELD, Justice (dissenting). I respectfully dissent. As I read Iowa Code section 364.12(2), it requires cities to keep sidewalks in good repair except to the extent the city has served notice of a needed repair on the abutting property owner, and even then the property owner's liability is limited to the cost of repair. See Iowa Code § 364.12(2) (2009). Iowa City's ordinance is an effort by the City to alter this statutory division of responsibility between city and property owner. Simply stated, the City wants the property owner to do more to maintain City -owned sidewalks, so that the City may do less. This conflicts with section 364.12(2). It also conflicts with the common law of Iowa, which we previously said in Peffers v City of Des Moines was not modified by section 364.12(2) in the area of tort liability. See 299 N.W.2d 675, 677-79 (Iowa 1980), superseded by statute, 1984 Iowa Acts ch. 1002, § 1 (codified at Iowa Code § 364.12(2)(b ) (1985)). Thus, I believe state law preempts Iowa City's ordinance. See Iowa Const. art. III, § 38A (disallowing municipal ordinances that are "inconsistent with the laws of the general assembly"). Let me begin with the state law in question. Section 364.12(2) states in relevant part: 2. A city shall keep all public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares, and commons open, in repair, and free from nuisance, with the following exceptions: b. The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice. If damages are to be awarded under this section against the abutting '0 property owner, the claimant has the burden of proving the amount of the damages. To authorize recovery of more than a nominal amount, facts must exist and be shown by the evidence which afford a reasonable basis for measuring the amount of the claimant's actual damages, and the amount of actual damages shall not be determined by speculation, conjecture, or surmise. All legal or equitable defenses are available to the abutting property owner in an action brought pursuant to this paragraph. The city's general duty under this subsection does not include a duty to remove natural accumulations of snow or ice from the sidewalks. However, when the city is the abutting property owner it has the specific duty of the abutting property owner set forth in this paragraph. c. The abutting property owner may be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. d. A city may serve notice on the abutting property owner, by certified mail to the property owner as shown by the records of the county auditor, requiring the abutting property owner to repair, replace, or reconstruct sidewalks. e. If the abutting property owner does not perform an action required under this subsection within a reasonable time, a city may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax. This power does not relieve the abutting property owner of liability imposed under paragraph "b". Iowa Code § 364.12(2) (2009) (emphasis added). This law seems to me fairly clear. Under the preamble to section 2 and subsection (d ), the city has the duty to maintain the sidewalk unless it "serve(s] notice on the abutting htt s://1.next.westlaw.corn/©ocument/166447f60f2f911e390d4edf60ce7d742New/FuIlText.html?ori €nationContext= Ahead&transitionT p T ett& gal of P 9 type Ype= e c e ... 1 .'1151 6/12/2017 Madden v. City of Iowa City I Cases 1 Iowa !Westlaw property owner," directing it to make repairs. Id. § 364.12(2)(d ). On the other hand, under subsection (b ), the abutting property owner is responsible for removing snow from sidewalks "within a reasonable amount of time" without regard to notice and may be liable in damages for failing to do so. Id. § 364.12(2)(b ). Finally, under subsection (c ), the city has the option of requiring the property owner to maintain city property that is inside the curb line. Id. § 364.12(2)(c ). This, for example, could be a requirement that the properly owner mow any lawn between the sidewalk and the street. See, e.g., Goodenow v. City Council, 574 N.W.2d 18, 23 (Iowa 1998). However, I do not read subsection (c) as covering the subjects of sidewalk snow removal or sidewalk repair, because they are expressly covered by subsections (b ) and (d ). If subsection (c ) were meant to cover those issues, then subsections (b ) and (d ) would be superfluous. See lowa Code § 4.4(2) (setting forth the presumption that "[t]he entire statute is intended to be effective"); !Veal v. Annett Holdings, Inc., 814 N.W.2d 512, 520 (Iowa 2012) ("In interpreting a statute, each term is to be given effect, and we will not read a statute so that any provision will be rendered superfluous." (Citation and internal quotation marks omitted.)). This allocation of responsibility between city and property owner is logical. Snow removal from sidewalks has to be performed several times each winter. It is relatively inexpensive and convenient for property owners to clear adjacent sidewalks at the same time they are shoveling their own driveways and walks. Therefore, *56 it makes sense for property owners to bear this obligation. It would be inefficient to impose on cities the duty to inspect sidewalks for snow and ice or to keep them clear of snow and ice. On the other hand, sidewalk repairs are a rarer and more costly undertaking. Determining whether a repair is needed and the kind of repair needed may involve some engineering or cost -benefit judgment. Thus, it makes sense for the city to shoulder much of this obligation, even if the city is given the right to ask the property owner to make the repairs according to the city's specifications and, if the property owner does not do so, to charge back the costs of repair to the abutting property owner. 4 Given the foregoing statutory wording, I see a clear conflict between state law and Iowa City's ordinance. The ordinance provides in relevant part: The abutting property owners shall maintain the sidewalk in a safe condition, in a state of good repair, and free from defects. The abutting property owner may be liable for damages caused by failure to maintain the sidewalk. Iowa City, Iowa, Code § 16-1A-6 (current through Mar. 4, 2014), available at www.sterlingcodifiers.com/codebook/index.php?book_1 b=953. This ordinance expands the property owner's liability well beyond the confines of lowa Code section 364.12. The ordinance provides riot only that the property owner will be responsible for the cost of sidewalk repair if notified by the City that a repair is necessary, but also that it will be liable to the public for sidewalk accidents whether it was notified by the City that a repair was necessary or not. See Iowa City Code § 16-1A-6. As the majority concedes, no such liability exists at common law. After all, the sidewalk is the property of the City, not the abutting property owner. The conflict becomes even more apparent when you consider the backdrop to the current version of Iowa Code section 364.12. In Petters, we held that section 364.12(2)(b ), as it read at the time, did not allow private persons to sue abutting property owners for failure to remove snow and ice. 299 N.W.2d at 679. We emphasized that at common law, the city, which owns the sidewalk, and not the property owner, bore this liability. Id. al 677. We held the statutory language making the abutting property owner "responsible" for the removal of snow and ice from sidewalks only made the property owner responsible for its removal vis-a-vis the city and did not give rise to liability vis-a-vis the public. Id. at 677-79. As we explained, We assume that the legislature knew of the existing state of our case law, holding the city rather than the abutting property owner liable to pedestrians. We find no clear indication in the present statute that the legislature intended to change the existing law. First, there is no language in the statute expressly "57 addressing the issue of liability to pedestrians. Second, the legislative history of section 364.12(2) does not evince any intention on the part of the legislature either to shift to the abutting property owner or otherwise abrogate the city's liability to pedestrians for negligent care of public sidewalks. The preamble to the legislation states https:/ll.next.westlaw.com/Document/166447f60f2f911e390d4edf60ce7d742New/FullText.html?originationContext=typeAhead&transitionType=Dpp e acgg. oft 1/51 6112J2017 Madden v. City. of Iowa Cityj Cases 1 Iowa 1 Westlaw that the purpose of the enactment is to establish home rule for local government. A careful reading of the preamble does not reveal anything purporting to alter the existing state of the law regarding liability to pedestrians. Id. at 679. After Peffers was decided, the general assembly amended section 364.12(2) to expressly authorize a damages action under subsection (b ) when the abutting property owner failed to remove snow and ice. 5 See 1984 Iowa Acts ch. 1002, § 1. However, the legislature did not materially amend subsections (c ) or (d ). See id. Thus, I think the Peffers holding that section 364.12(2) incorporates the common law of torts still applies to those two subsections. See 299 N.W.2d at 678. Since the prior language in subsection (b ) requiring the abutting landowner to be "responsible" for snow removal was not enough to establish a legal duty running from the abutting landowner to the public contrary to common law, I do not see how the carried -over language in subsection (c) giving the city the option of requiring the abutting landowner to "maintain" public property would authorize the city to create a new liability running from the landowner to the public that is also contrary to common law. See Iowa Code § 364.12(2)(c ); Peffers, 299 N.W.2d at 677. Had the legislature contemplated a shift from the common law rule that abutting property owners were not liable to pedestrians in any area other than snow removal, it would have included language in subsection (c ) or (d) similar to the language it added to subsection (b ). See Iowa Code § 364.12(2)(b )—(d ). Furthermore, the 1984 legislation added to subsection (e) the following sentence: "This power does not relieve the abutting property owner of liability imposed under paragraph b." See 1984 Iowa Acts ch. 1002, § 1. But doesn't this addition indicate, implicitly, that the property owner is not subject to potential liability to the public under the other subsections? Otherwise, the legislature would have mentioned them. We follow the statutory interpretation rule in Iowa that "expressio unius est ex[cjlusio alterius, meaning that 'legislative intent is expressed by omission as well as by inclusion.' " StaffMgmt. v. Jimenez, 839 N.W.2d 640, 649 (Iowa 2013). Here, the legislature expressly authorized liability to pedestrians only in subsection (b ). See Iowa Code § 364.12(2)(h ). I think the conclusion is inescapable it did not authorize it in subsections (c ) or (d ). Id. § 364.12(2)(c )—(d ). The majority cites a California case that upheld a City of San Jose ordinance making adjacent landowners liable to pedestrians for unsafe conditions on sidewalks. See Gonzales v. City of San Jose, 125 Cal.App.4th 1127, 23 Cal.Rptr.3d 178, 183--84 (2004). However, California state law expressly provides that adjacent landowners "shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property." Id. at 181 n. 4 (quoting Cal. Sts. & High. Code § 5610 (West, Westlaw through Ch. 22 of 2014 *58 Reg. Sess., Res. Ch. 1 of 2013-2014 2d Ex. Sess., and all propositions on the 6/3/2014 ballot)). This wording is quite different from Iowa Code section 364.12(2). Cf. Dean v. Yahnke, 266 Neb. 820, 670 N.W.2d 28, 32 (2003) (finding that a legislative authorization to make sidewalk repairs and assess the expense to the abutting property owner did not authorize a second-class city to delegate the duty of sidewalk maintenance or repair generally or shift liability to the property owner). While I do not at all disagree with the majority's thorough discussion of preemption principles, the real question here is one of statutory interpretation. Contrary to the majority, I do not believe the present case involves "legislative silence." Rather, Iowa Code section 364.12(2) contains an express legislative determination that the City should be responsible for sidewalk maintenance subject only to a particularized right to shift costs of repair to the adjoining property owner in certain circumstances. Hence, I would reverse and remand with instructions to grant the State's motion to dismiss. WATERMAN, J., joins this dissent. All Citations 848 N.W.2d 40, 305 Ed. Law Rep. 1095 Footnotes https:lfl.next.westlaw.comlDocument/166447160f2f911e390d4edf60ce7d742Arew/FullText.himl?originationContext=typeAhead&transitionType=PAIR,=. Of 14151 6/12/2017 Madden v. City of Iowa City j Cases I Iowa j Westlaw 1 Notably, Pennsylvania has tong rejected the prevailing common law rule and adopted the view that the abutting landowner is primarily liable for the failure to keep the sidewalk in a safe condition. See Lahr v. Borough of Philipsburg, 156 Pa. 246, 2.7 A. 133, 134 (1893). See generally Jhong § 5[aj, at 348-52, Supp. 31-32 (discussing the Pennsylvania rule). The Supreme Judicial Court of Massachusetts recently rejected the common law rule with respect to accumulations of snow and ice. See Papadopoulos v. Target Corp., 457 Mass. 368, 930 N.E.2d 142, 154 (2010). 2 The full text of the ordinance is as follows: 3 4 5 End of Document The abutting property owner shall maintain all public right of way located between the edge of the street or curb line and the property line, and shalt keep such area in a safe condition free from defects, debris, nuisances, obstructions or any other hazard. The abutting property owner may be liable for damages caused by failure to maintain the public right of way located between the edge of the street or curb line and the property line. The abutting property owner shall maintain the sidewalk in a safe condition, in a state of good repair, and free from defects. The abutting property owner may be liable for damages caused by failure to maintain the sidewalk. Notwithstanding the obligations imposed hereunder, the property owner shall in no event remove diseased trees or dead wood or plant, trim, remove or treat any tree or plant material on public right of way without first obtaining a permit from the city forester. Iowa City Code § 16-1A-6 (emphasis added). The City has pled a contribution rather than an indemnification claim. We do not think the label is a basis for granting summary judgment in this case. Although indemnification and contribution are not identical concepts, contribution is a lesser -included liability compared to the liability resulting from indemnification. In any event, because our statutory interpretation is a question of first impression, we do not believe that summary judgment should be granted without giving the City an opportunity to amend its petition to allege indemnity to the extent such an amendment is necessary. Notably, Iowa City explains on its website that it inspects the sidewalks throughout the City regularly on a rotating basis for needed repairs. See City of Iowa City, Iowa Sidewalk Repair Program, http://www. icgov,orgl? id=1911 (last visited June 6, 2014). When it finds a problem, it sends a notice to the property owner detailing the repairs needed and specifications for how the repairs need to be performed. Id. If the property owner fails to make the repair by the deadline, the City does the repair itself and invoices the property owner for construction costs plus a $25 administrative fee. Id. Obviously, if the property owner does something that affects the condition of the sidewalk, then a duty could arise under the common law. See Thompson v. Kaczinski, 774 N.W.2.d 829, 835-36 (Iowa 2009). At the time of the Peffers decision, subsection (b) read only as follows: " The abutting property owner is responsible for the prompt removal of snow, ice, and accumulations from the sidewalks.'" 299 N.W.2d at 676 (quoting Iowa Code § 364.12(2)(b ) (1979)). 02017 Thomson Reuters. No claim to original U.S. Government Works, Westlaw. © 2017 Thomson Reuters Privacy Statement Accessibility Supplier Terms Contact Us 1-800-REF-ATTY (1-800-733-2889) Improve Westlaw "3"g;r�75iiCh! r https:111.next.Westlaw.coralDocumentl166447f60f2f911e390d4edf6pce7d742/ViewlPullText.html?originationContext=typeAhead&transitionType=PeR9Rgr`Cei..Of 11'51 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 and No. 2 for a total increase of $3,633 for the removal of additional asbestos at 1120 Washington Street and 71 Franklin Street. City Council Meeting: 6/26/2017 Prepared: 6/19/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Even, LeAnn Approved 6/21/2017 - 2:33 PM ATTACHMENTS: Description Type ❑ Asbestos Survey Report 71 Franklin Street Exhibit ❑ Picture of hidden Boiler 71 Franklin Street Exhibit ❑ Picture of hidden boiler 71 Franklin Street Exhibit • Picture of hidden boiler 71 Franklin Street Exhibit • Lab results of discovered boiler Exhibit a Initial email describing the lab results of the discovery of Exhibit the hidden boiler Extra work order for abatement of boiler at 71 Franklin a Exhibit Street ❑ Environmental Report -1120 Washington Cover Memo Submitted by: Recommended Action: Summary Statement: Submitted By: Noel Anderson -Community Planning and Development Director Approve Change Order No.1 and No. 2 for a total increase of $3,633 for the removal of additional asbestos at 1120 Washington Street and 71 Franklin Street. As the only bidder, Advanced Environmental Testing was awarding the asbestos abatement contract for asbestos abatement of 820 Newell Street, 915 Newell Street, 3126 Franklin Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak Street, 847 Dawson, 414 Thompson Street in the amount of $14,800.00. During the removal of the asbestos at 71 Franklin Street, a boiler that was missed during the initial asbestos inspection due to there being a large amount of debris throughout the property was discovered under a large pile of debris in the basement of the home. The boiler insulation was sampled and sent to the lab for analysis. The lab results tested positive for asbestos and had to be removed resulting in a change order. While setting up of for the Initial Exposure Assessment for the abatement of 1120 Washington Street, project workers discovered that there was asbestos Page 285 of 311 Expenditure Required: containing window glazing and roof tar around the chimney. These two items where not listed in the summary sheet which shows what needs to be removed and how much. A standard practice for asbestos abatement contractors is to use the summary sheets for bidding on projects.The window and roof tar around the chimney where removed and the project is complete and ready for demolition. Original contract amount is $14,800.00 Extra Work Order to remove boiler from 71 Franklin Street is $1,933 Extra Work Order to remove tar and windows is $1,700.00 For total increase of $3,633.00 Source of Funds: Nuisance abatement Policy Issue: Nuisance abatement/Iowa Code 657A Page 286 of 311 2VVKEYE "T L. 1120 Washington Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity Duct Paper Tan Furnace Ducts 40 LF Miscellaneous Materials Material Description Location Quantity Caulk White Exterior Windows (Approx. 3' x 4') 22 EA All quantities supplied are estimates. Contractors must field verify all material conditions and quantities for bidding purposes. City of Waterloo Page 287 of 311 Page 288 of 311 ENVIRONMENTAL TESTING LABORATORIES, INC. 38900 HURON R€VER DRIVE, SUITE 200 ROMULUS, MICHIGAN 48174 (734) 955-6600 FAX: (734) 9556604 To : Hawkeye Environmental 814 Wood Lily Rd Solon, IA 52333 Attention : Steve Henneberry Client Project : N/A REVISED REPORT Project Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : 182261 Report Date : 8/31/2016 Login # Sample ID Work Requested Completed 437980 1 Asbestos Analysis 08/30/2016 437981 2 Asbestos Analysis 08/30/2016 437982 3 Asbestos Analysis 08/30/2016 437983 4 Asbestos Analysis 08/30/2016 437984 5 Asbestos Analysis 08/30/2016 437985 6 Asbestos Analysis 08/30/2016 437986 7 Asbestos Analysis 08/30/2016 437987 8 Asbestos Analysis 08/30/2016 437988 9 Asbestos Analysis 08/30/2016 437989 10 Asbestos Analysis 08/30/2016 437990 11 Asbestos Analysis 08/30/2016 437991 12 Asbestos Analysis 08/30/2016 437992 13 Asbestos Analysis 08/30/2016 437993 14 Asbestos Analysis 08/30/2016 437994 15 Asbestos Analysis 08/30/2016 437995 16 Asbestos Analysis 08/30/2016 437996 17 Asbestos Analysis 08/30/2016 437997 18 Asbestos Analysis 08/30/2016 437998 19 Asbestos Analysis 08/30/2016 437999 20 Asbestos Analysis 08/30/2016 This report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government, It may contain information that is privileged, confidential and otherwise exempt by law from disclosure. If the reader of this information is not the intended recipient or an employee of its intended recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have received this information in error, please notify ETL immediately. Thank you. Page 1 of 7 Page 289 of 311 Client Project : N/A ETC Job : 182261 Report pate : 8/31/2016 Login # Sample ID Work Requested Completed 438000 21 Asbestos Analysis 08/30/2016 438001 22 Asbestos Analysis 08/30/2016 438002 23 Asbestos Analysis 08/30/2016 438003 24 Asbestos Analysis 08/30/2016 438004 25 Asbestos Analysis 08/30/2016 438005 26 Asbestos Analysis 08/30/2016 438006 27 Asbestos Analysis 08/30/2016 438007 28 Asbestos Analysis 08/30/2016 Reviewed by: —907d43au, Quality Assurance Coordinator Titis report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. It may contain infomration that is privileged, confidential and otherwise exempt by law from disclosure, If the reader of this information is not the intended recipient or an employee of its intended recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have received this information in error, please notify ETLumnediately. Thank you. Page2of7 Page 290 of 311 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734) 955.6609, Fax: (734) 955,5604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye. Environmental 814 Wood Lily Rd Solon,IA 52333 Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : 182261 Client Project : N/A Date Collected : 08/25/2016 Date Received : 08/26/2016 Date Analyzed : 08/30/2016 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 437980 1 Front Room Analyst: Alice Tumer Joint Compound \Mite Non -Fibrous Homogenous 100% Other None Detected 437981 2 Outside House Analyst: Alice Turner Siding Paper Red Fibrous Homogenous 75% Cellulose 25% Other None Detected 437982 3 Analyst: Alice Turner Paper Analyst Did Not Find Shingle Material In Bag Red Fibrous Homogenous 40% Cellulose 35% Other 25% Chrysotile 437983 4 Kitchen Analyst: Alice Turner 2x2 Tile Yellow Fibrous Homogenous 100% Cellulose None Detected 437984 5 Doorway Analyst: Alice Tumer Linoleum Green Fibrous Homogenous 80% Cellulose 20% Other None Detected 437985 6 Doorway Analyst: Alice Turner Linoleum Mastic Brown Non -Fibrous Homogenous 1% Cellulose 99% Other None Detected 437986 7 Dining Roam Analyst: Alice Tumer 2x2 Ceiling Tile White Fibrous Homogenous 60% Cellulose 40% Other None Detected BTL, Inc. maintains liability limited to cost of analysis, This report relates only to the samples reported and may not he reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116 d EPA 600(M4-921020 or NYSOOH-ELAP item 185.1 andior 195.6 was used to analyze all samples. Matrix interference andfar resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Inlerprctation and use of test results are the responsibility of the cPenl, ETL, Inc. Is not responsible for the accuracy of the results whenrequested to physically separate and analyze layered samples. Any PLM results below 10h should be re -analyzed using the EPA recommended Paint Count method. Any material !hal has greater than 1% asbestos content Is considered 10 be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related to only to samples that wore tested. Page 3 of 7 Page 291 of 311 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734) 9556600, Fax: (734) 955•6804 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : 182261 Client Project : N/A Date Collected : 08/25/2016 Date Received : 08/26/2016 Date Analyzed : 08/30/2016 Sample Description Appearance % Fibrous % Non -Fibrous Asbestos 437987 8 Analyst Alice Turner Shingle Paper Black Non -Fibrous Homogenous 10% Fiberglass 90% Other None Detected 437988 9 Window North Glaze Analyst: Alice Tumer Glaze White Non -Fibrous Homogenous 100% Other None Detected 437989 10 Analyst: Alice Tumer 12x12 Tile Brown Non -Fibrous Homogenous 100% Other None Detected 437990 11 Analyst, Alice Turner Sample Missing 437991 12 Kitchen Layer -1 Analyst: Alice Turner Plaster 437991 12 Kitchen Layer -2 Analyst: Alice Turner Skim Coat Grey Non -Fibrous Homogenous White Non -Fibrous Homogenous 2% Cellulose 98°A Other 1% Cellulose 99% Other None Detected None Detected 437992 13 Bedroom Analyst: Alice Turner Drywall White Non -Fibrous Homogenous 2% Cellulose 98% Other None Detected ETL, Inc, maintains liability limited 10 cosi of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 60018.03-116 & EPA 0001M4.821023 or NYSDOH.ELAP item 198.1 and/or 188.6 was used la analyze all samples. Matrix interference and/or resolution limits 9.e. detecting asbestos in non -friable organically bound materials} may yield false results in certain crcumslances. quantitative transmission electron microscopy ffEldh le currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of lest results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested 10 physically separate and analyze layered samples. Any PLM results below 1010 should be re -analyzed using the EPA recommended Point Count method. Any material that has greater Than 156 asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both 051-1A and the EPA and must be healed accordingly. Results are related la only to samples that were tested. Page 4 of 7 Page 292 of 311 MI API -411[0M - To : Location : Certificate of Analysis Environmental Testing Laboratories, Inc. 38400 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734} 955.6608, Fax: (734) 955-6604 Polarized Light Microscopy Asbestos Analysis Report Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : Client Project : Date Collected : Date Received : Date Analyzed : 182261 N/A 08/25/2016 08/26/2016 08/30/2016 Sample Description 437993 14 Bathroom Layer -1 Analyst: Alice Turner Plaster 437993 14 Bathroom Layer -2 Analyst: Alice Turner Skim Coat Appearance Grey Non -Fibrous Homogenous White Non -Fibrous Homogenous o/a Fibrous % Non -Fibrous % Asbestos 1% Cellulose 99% Other 100% Other None Detected None Detected 437994 15 Analyst: Alice Turner Linoleum Yellow/Red Fibrous Homogenous 60% Cellulose 40% Other None Detected 437995 16 Window South Analyst: Alice Tomer Caulk Write Non -Fibrous Homogenous 1% Cellulose 97% Other 2% Chrysotile 437996 17 Upper Bedroom Analyst, Alice Turner Linoleum Grey Fibrous Homogenous 100% Cellulose None Detected 437997 18 Heat Register Analyst: Alice Tumer Paper Grey Fibrous Homogenous 40% Cellulose 45% Other 15% Chrysotile 437998 19 Upper Kitchen Analyst: Alice Tumer 12x12 Tile Cream Non -Fibrous Homogenous 1% Cellulose 99% Other None Detected ETL, Inc. maintains Iiabiily limited to cast of analysis. This report relates only to the samples reported and may nal be reproduced without written approval by ETL, loc. Test Method EPA 60018-93-116 & EPA 500A14-821020 or NYS00H-ELAP hem 196.1 and/or 195.5 was used to analyze all samples. Matrix interference and/or resolution limits (a, detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Ouantilalive transmission electron microscopy (TEM) is currently the only method that can pronounce materials a.s non-asbeslas containing. Interpretation and use of test results are the responsibility of the dent. LTL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 1014 should he reanalyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related 10 only to samples that were tested. Page 5 of 7 Page 293 of 311 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River /Drive, Sulte 200, Romulus, Michigan 48174, (734) 955.6600, Fax: (734) 955.6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,1A 52333 Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : 182261 Client Project : N/A Date Collected : 08/25/2016 Date Received : 08/26/2016 Date Analyzed : 08/30/2016 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 437999 20 Window South Analyst: Alice Turner Glaze White Non -Fibrous Homogenous 2% Cellulose 75% Other 2% Chrysotile 438000 21 Attic Analyst: Alice Tumer Insulation Brown Fibrous Homogenous 100% Cellulose None Detected 438001 22 Furnace Duct Analyst: Alice Turner Duct Paper Grey Fibrous Homogenous 60% Cellulose 15% Other 25% Chrysotile 438002 23 Analyst: Alice Turner Tar Black Non -Fibrous Homogenous 10% Cellulose 88% Other 2% Chrysotile 438003 24 Upper Bedroom Analyst: Alice Turner Sheetrock Grey Non -Fibrous Homogenous 1% Cellulose 99% Other None Detected 438004 25 Closet Analyst Alice Turner Linoleum Brown Fibrous Homogenous 100% Cellulose None Detected 438005 26 Bathroom Analyst: Alice Turner 12x12 Tile Cream Non -Fibrous Homogenous 100% Other None Detected ETL, Inc. maintains liability limited to cost of analysis. This report relates only Pe the samples reported and may nal be reproduced without wrttten approval by ETL, Inc, Test Method EPA 60018-95-116 & EPA 6001M4-821020 or NYSDOH•ELAP item 198.1 and/or 198.6 was used to analyze ali samples. Matrix interference and/or resolution limits 0.e. detecting asbestos in non -friable organically hound materials) may yield false resells In certain circumstances. 4uanlital[ve transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of test resu€ls are Ine responsibility of the client. ETL, Inc. is not responsible far the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results belay: 1016 should be re -analyzed using the EPA recommended Point Count method. Any material That hes greater than 1% asbestos content Is considered to be an Asbestos Containing Material (ACM). These materials are regulated by bath 051 -IA and the EPA and must be treated accordingly. Results are related to only to samples that were tested. Page 6of7 Page 294 of 311 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, qt, Sults 200, Romulus, Michigan 48174, a (734) 955.6600, Fax: (734) 955.6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Sofon,IA 52333 Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : 182261 Client Project : N/A Date Collected : 08/25/2016 Date Received : 08/26/2016 Date Analyzed : 08/30/2016 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 438006 27 Analyst: Alice Turner 12x12 Linoleum Green Fibrous Homogenous 90% Cellulose 10% Other None Detected 438007 28 Analyst: Alice Tumer Sample Missing QUI rolffrA Lab Supervisor/Other Signatory Analyst: Alice Turner 400 Point Count Results by EPA 6001R-931116 PLM (denoted by "PC") Item 198.1: PLM Methods for Identifying and Quantitating Asbestos in Bulk Samples Item 198.6: PLM Methods for Identifying and Quantitating Asbestos in Non -Friable Organically Bound Bulk Samples EPA 600/R -93/11G: Method for Determination of Asbestos in Bulk Building Materials EPA 600/M4-82-020: Interim Method for Determination of Asbestos in Bulk Insulation Samples ETL, Inc, maintains liability limited to cast of analysts. This report relates only to the samples reported and may not he reproduced without written approval by ETL, Inc. Test Method EPA 69918-n3-110 A EPA 6001M4-62!029 or NYSOOH-ELAP item 198.1 and/or 198-8 was used to analyze all samples. Matrix Interference and/or resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results In certain circumstances. Quantitative transmission electron microscopy (TEM) Is currently the only method that can pronounce matedals es non -asbestos containing. Interpretation and use of test results are the responsibility or the client. ETL, Inc. is not responsible for the accuracy of the results when requested In physically separate and analyze layered samples. Any PLM results below 10% should be reanalyzed using the EPA recommended Point Count method. Any materiel that has greeter than 16 asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. ResnIls aro related to only to samples that were tested. Page 7 of 7 Page 295 of 311 ENVIRONMENTAL TESTING LABORATORIES, INC 38900 HURON RIVER DRIVE ROMULus, MICHIGAN 48174 (734) 955.6600 FAX: (734) 992-2261 wve.v.2ell.com Client; Hawkeye Environmental Contact: Steve Henneberry Bulk Asbestos Chain of Custody ETL Project #: 8� Phone: 319-333-7420 Address: 814 Wood Lily Road, Solon , IA 52333 Fax: Project Location/name: City of Waterloo 1120 Washington Waterloo, Iowa E-mail: Steve@HawkeyeEnv.com Please Provide Results: d Email n Fax ❑ Verbal n Other Client Project #; Date Sampled: • -ay l fp Turnaround Time (TAT): ❑ RUSH 0 Same Day 0 24 hr 0 48 hr JCStandaM (3+ clays) 0 Other PLM Inst, Fictions (Check all that apply) A PLM EPA600/R-93/116, 1993 (Standard method) 0 Stop at 1st Positive - Cleartrmark Homogenous Group ❑ Point Counting: 400 Points* ❑ PLM Non -Building Material (Dust, Wipe, Tape) 0 Soil or Vermiculite Analysis +tronacr+erge anumaround may be required Lab ID Sample ID Sample Location Li r,, 1ene arry m am/gym Material Description Lk " `!`Ci w1 lvua VIA—.vti\A Stereoscopical Analysis (Name/ETL): e_e� ver 60-4, c.:_� X431 qts 1 1 + �itJ sAA. V\A, C_f,,Q- \��v R 'y_ -e J' {{��Iv � t" (t 3 7�t2-Z am/pm amlpm 13 MO LE \4...L, t./...:._ c.\r---a.v` z'Nt 2 f, La .id.1 CV -Q -SLAT\ VIA tA. l ; c.-, am/pm ti3 rq n- ---rUC Q Aj I,Lyk/1\v'Q\ lad l 'N.c.)l\-k'F- 43 ?q 85 137606 r-)) ,,h\, ,�'z�rie.1 .�v�.i-jl Wkr��e... ,l.� t t.0 / • 61`1.0 ] l� T�ff -U SLw. )4 °P 0 \P., ii tkYtaQb a (Lk- t,.2 `1 i k i t C R a t \ 7 KI -Lev, - Ct l2 V ---1--i Relinquished Mame/Organization): (>4:1•13,1,-; ! Flawkeye Environmental v ' v vn,c L VG Li r,, 1ene arry m am/gym Received (NarnefETL); lu aL.Lv t & '"z G - L t. Stereoscopical Analysis (Name/ETL): Pa Z • 2. to • 1 amfpm Sample Login (Name/ETL): '` I\I {{��Iv � t" 'r el � ! !L Q CS . a_C- t(,, am/pm amlpm Analysis !Nm aelETLI: OA/QC Review(Name/ETL): am/pm Special Instructions Form ETL2D6: Chain of Custody; Revision A Remarks Page k, ofRj Page 296 of 311 ENVIRONMENTAL TESTING LABORATORIES, INC 38900 HURON RIVER DRIVE ROMULUS, MICHIGAN 48174 (734) 955-6600 FAX; (734) 992-2261 www,2etl.com Additional Pages of fhe Chain of Custody are only necessary if needed far additional sample information Bulk Asbestos Chain of Custody ETL Project #. Lab ID Sample ID Sample Location Material Description LICMegZ 1 r3 .R. .(Z-cr,./Y\_c- , .\ka.)A , ()J`n..ti% Lk" -4 cLci3 4 C t. ,h oown es La1aqu 1,r5 1 c_, l 1 R�1f�T- l;v.txv, , k 0,-\ ~ yS G UT�. k0 -, .7,0 .k1 GA,v-illNl``�k,-,v -(1 VY\ \,4' -,Ix..o LLi fin. vi,-e-Q� Y _ U -` _ c 4� 1c ct �1 �,(ftCo LMS Z C , i ►ti s0.. co ( vti \k))29 23 C'i\r-:\ :,,r 'T Nek, et. Va-c-1.e 13 3 2...-k, a6 ..w(1a.g..\-cs./v,- i$ VAeiykk.1(. Gja'�, \A Vy u- . (_T$.Q>2 1,-zk.�Z t-,�� xs.:.t,� (A. ,{` 341,...k \ tr,0 ) V\ ��.�,�-� 4 40 41005 a LMI 1 kofu.MA 117-%<-tV"-e-,., V..--R-.N.',. p `/l1MV l of g t; A t? k-1/4-, tYlA MA. S "i> G Form ETL206: Chain of Custody; Revision A Page 2 of Z, Page 297 of 311 Client: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0180688 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopv NVLAP#101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO IA 50703 Collected: 01/11/2017 Project Name: 71 FRANKLIN Address: Job# / P.0. #: Date Received- Date Analyzed: Date Reported: EPA Method: Submitted By; Collected By: Z22075-8 01/12/2017 01/13/2017 01/13/2017 EPA 600/R-931116 JAY LLEWELLYN Lab ID Client ID Sample Location Layer Name / Asbestos Asbestos Type Sample Description Detected (%) Non -Asbestos Constituents 0180688-001 BOILER LAYER 1 Boiler Lining, Off White #1 LAYER 2 Boiler Lining, Off White LAYER 3 Boller Lining, Off White Yes Chrysotile Yes Chrysotile 70';'6 Yes Chrysotile Cellulose Fiber Gypsum Carbonates Binder/Filler Cellulose Fiber Gypsum Carbonates Binder/Filler Cellulose Fiber Gypsum Carbo na Bindr 15' 15Y,. 15% 15:: 15 Analyst - Kenneth Scheske Signatory - Lab Director - Kurt Kettler Giafmtly .I1111.d. .early wp.nable !dyers d wmplea are analysed es .ubwmpl.s of the whole end are repod.d..p.r.t.ry tor..ch d.um1le Oyer Aa wryua are d.nr.d Iron calbreted weal .alanau and measured in area percent unless o1Mmr'w noted- The report apples to Me standards or procedures Iderddrd and to 1M wmpl f e) reeled The tell restate are not n.assarly Indicated or repreeerwlte of tlt. 4u.lIi.s of Pre lot from which lire sample wee alien or of apparently Iderdinl or sander products. nude they represent an bngo.r parry assurance pogrom union so relied These reports are for dM • eruehre UM of the addressed diens and [het they will nor be reproduced *Moly or n pen for ochre Mang or other purposes over our signature or In connection wlh.1 nem. without special wral.n permaewn. The report shall not be reproduced 'scorn In full wal.rd written epprooel by our lebor.tory. The samples nal destroyed in lasting are retained a maximum of briny days. Th. 1mborebry m.awr.m.M of un crt.01yfor the test method is epprolimagly less than 1 by .res percent. Acr.ded by the National Mahar[. of Standards and Technology, Vol ntaiy Laboratory Aeor.dnaubn Program for s.len.d 1.at method for asbestos. The mooed Won or any report. generated by thus laboratory In ro way const1Wss or Implres product ben/ication. spyrovel. orendorsement by Me Katon.' Inststut. of Standard. ard Technology The report must nor be used bytdn corn to claim product certdiratlort appove4 or endorsement by NVLAP NISI or any egeney of the Federal Government. Polednd Lied Merosmpy may rot be mna1sraniy fellable M detecting asbestos In Mer coverings and minder raMnlabl. organically Wood material. Pagel oft Page 301 of 311 CHRIS WESTERN From: Jay Llewellyn <Jay.Llewellyn@advancedmidwest.com> Sent: Tuesday, February 07, 2017 6:05 AM To: CHRIS WESTERN Cc: Michael Poe Subject: Boiler at Franklin Street Property Attachments: Scanned from a Xerox Multifunction Printer.pdf Chris, The first batch will be done today. However, remember when I asked about the boiler in the basement at 71 Franklin Street? Attached are the results (they were positive — 70% Chrysotile) so we need to address that. Montrice Anderson will be at the other houses and could meet you there to show you what it is. It will not be fun just because of the junk in the basement and access to the asbestos. Not sure how you would like to handle this. Could you give me a call or respond to this email please? Thanks! Jay Jay Llewellyn Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street 1 Waterloo, Iowa 50703 www.advancedmidwest.com (319) 287-4447 i Office (319) 269-2492 1 Cell (319) 287-4449 1 Fax 1 Page 302 of 311 CENV1 R0NMENT,AC "'��E[3mj AMD ABATEMENT. INC.. 803 Ricker 5t Waterloo,IA 50703 319-287-4447 City of Waterloo Attn: Accounts Payable 715 Mulberry St. Waterloo, IA 50703 Statement Date 6/1/2017 Page 303 of 311 Amount Due Amount Enc. $3,633.00 Date Transaction Amount Balance 01/31/2017 02/23/2017 03/24/2017 02/23/2017 02/23/2017 03/10/2017 02/23/2017 03/24/2017 Balance forward 17-22115-v/ INV #6726. Due 03/25/2017. PMT #253179. 17-22205- 17-22205- INV #6727. Due 03/25/2017. PMT #252777. Z22075- INV #672Due 03/25/2017. PMT #253179. 14,922.00 -13,222.00 ...- 1,190.00 -1,190.00 16,733.00 / -14,800.00 0.00 14,922.00 1,700.00 2,890.00 1,700.00 18,433.00 3,633.00 CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE Amount Due 0.00 0.00 0.00 3,633.00 0.00 $3,633.00 Page 303 of 311 Proposal Proposal Submitted To: Community Planning and Development Attn: Chris Western 715 Mulberry Street Waterloo, IA 50703 Project & Address: Asbestos Removal Basement - OLD BOILER 71 Franklin Street Waterloo, IA 50701 Phone: 319-291-4366 Date: 02/15/2017 ENVIRONMENTAL TESTING AND A6ATEMENT, INC 803 Ricker St. Waterloo, IA 50703 Phone: 319-287-4447 Fax: 319-287-4449 WE HEREBY PROPOSE to furnish all the materials, equipment and perform all labor for the completion of: Change Order for Asbestos project at above referenced location: Removal & disposal of basement boiler insulation. A lot of garbage will need to be moved to expose the boiler and then set up. The metal jacket will then have to be removed to access acm. That material will then be handled accordingly. PROPOSAL INCLUDES: (1) Daily OSHA required personal & excursion air monitoring; (2) work performed in accordance with state & federal regulations. WE PROPOSE to furnish material and labor, complete in accordance with the above specifications for the sum of: One Thousand Nine Hundred Thirty Three Dollars ($1,933.00) TERMS: Net 30 days Atl work is guaranteed to be as specified All work to be completed in a workmanlike manner according to specified practices My alteration or devlat an from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge above the estimate. Aft agreements contingent upon strikes accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary Insurance We carry general .ab. ity Insurance and aur workers are fully covered by workers compensation insurance NOTE: This proposal may be withdrawn by us if not accepted within 30 days. Respectfully Submitted, ADVANCED ENVIRONMENTAL TE •TING AND ABATEMENT, INC. ay L ewellyn ACCEPTANCE OF PROPOSAL The prices, specifications and conditions - e :atisfact6ry and are hereby accepted. You are authorized to do the work as specified. Payment(s) will be made as outlined above. Signature: Name & Title (PRINT): Date: Page 304 of 311 \zt 9.),1 HAWKEYE ENVIRONMENTAL ENVIItcomumBNTAL 1120 Washington Surfacing Materials Material Description Location Quantity, None Thermal Systems Insulation Material Description Location quantity Duct Paper Tan Furnace Ducts 40 IF Miscellaneous Materials Material Description Location Quantity Caulk White Exterior Windows (Approx. 3' x 4') 22 EA All quantities supplied are estimates. Contractors must field verify all material conditions and quantities for bidding purposes. City of Waterloo Page 305 of 311 eaCD Page 306 of 311 M u•i.wr,ue nom, * Certificate of Analysis Environmental Testing Laboratories, Inc. 31990 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734)9551800,F= (734)9554884 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job : 182261 Client Project : N/A Date Collected : 08/25/2016 Date Received : 08/26/2016 Date Analyzed : 08/30/2016 Sample Description Appearance % Fibrous e% Non -Fibrous �G Asbestos 437999 20 Window South Analyst Alice Turner Glaze While Non -Fibrous Homogenous 2% Cellulose 96% Other 2141 Chrysutle 438000 21 Attic Analyst: Alis Turner Insulation Brown Fibrous Homogenous 100% Cellulose Nona Detected 438001 22 Furnace Duct Analyst: Alas Turner Duct Paper Grey Fibrous Homogenous 80% Cellulose 15% Other 25% Chrysalis 438002 23 Analyst: Alice Tumor Tar Black Non -Fibrous Homogenous 10% Cellulose 88% Other 2% Chrysolite 438003 24 Upper Bedroom Analyst Alice Turner Sheetrock Grey Non -Fibrous Homogenous 1% Cellulose 9916 Other None Detected 438004 25 Closet Analyst: Alice Tumor Linoleum Brown Fibrous Homogenous 100% Cellulose None Detected 438005 28 Bathroom Analyst Alice Tumer 12.1E12 Tie Cream Nan -Fibrous Homogenous 100% Other None Detected ER, Int madman qty Anted to tori of analysis. Ms open Wales only to the samples repand sad mpg not be npaderad without wain apPmwl by ETL. lac. Test Ya8wd EPA 6006[43 -Ile a EPA 1111011d4.112,11120 I Y6DO+ELAP km 111.1 nate 191.6wes used to anelyta r19 fampkf. slekhr Melaena arndler resolution Imps (La. detedkp asbestos In non -Mable onenYoly bound mWadahl may //W Iahe rank ie octan chumstanws. nuardkeem Imenedsalen electron n* neco y (TEM) N mon* me only method Mal on paras ca nations asnon-asbestos mldak169. InterpreteGM and use at lest nods am me resile asaely of the cleat. En, Inc. N nal lespeniblit for the amaary et Ole sestets when requested to physlnly wawa and anelyna layered samples. My PLY resale below 10% should be es-anatned wisp IM EPA recommended Paled Couel method. Any males= mat hn greeter man I% asbestos content h wetland to be en Asbestos Canabdng Ys4e*W (ACK. These fia1dah Ere reprdaled by both 0911A and the EPA and must he bested accerdkgly. Results an Mated to only to samples Mat were tested. Page 6 of 7 Page 307 of 311 N1 ,Nn SO -Y_ Certificate of Analysis Environmental Testing Laboratories, Inc. 39999 Huron River Drive, Suite 209, Ramulus, Michigan 413174, f - (734) 9ss i600, Fav (73419554504 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Soion,lA 52333 Location : City Of Waterloo 1120 Washington Waterloo, Iowa ETC Job: Client Project : Date Collected : Date Received : Date Analyzed : 182261 N/A 08/25/2016 08/26/2016 08/30/2016 Sample Description Appearance % Fibrous 9 Non -Fibrous '/a Asbestos 437993 14 Bathroom Layer -1 Analyst Alice Turner Plaster 437993 14 Bathroom Layer -2 Analyst Arca Turnor Skim Coat Grey Non -Fibrous Homogenous White Nun -Fibrous Homogenous 1% Cellulose 99% Other 10096 Other None Detected None Detected 437994 15 Analyst: Alice Turner Linoleum YedowwRed Fibrous Homogenous 60% Cellulose 40% Other None Detected 437995 18 Window South Analyst Alice Turner Caulk White Non -Fibrous Homogenous 1X Cellulose 97% Other 2% Chrysolite 437996 17 Upper Bedroom Analyst. Mice Turner Linoleum Grey Fibrous Homogenous 10095 Cellulose None Detected 437897 18 Heat Register Analyst Alice Turner Paper Grey 40% Cellulose 45% Other Fibrous Homogenous 1591 Chrysoble 437998 19 Upper Kitchen Analyst Alice Turner 12x12 Tile Cream Non -Fibrous Homogenous 1% Cellulose 99% Other None Detected En. Inc m*MaW Nab41y totted to COSI el sults. Thr report relies my to Ura samples reported end may nal be reproduced waren! whin approval b ER. be Teal Method EPA 00011- 3-l18 £ EPA 0001111.62420 et NYUOQH.EtAP Nem lett oneVor Iia.6 was usd lo wire ell omnplrs. Wein- bderlarence end/or reeduthn Ends fie. deleChng asbestos In noo-ihble manic* bound materiels) may yletl false tesuas In certain sYeuncsurw, ouantta8He kanrnesslan Ids mlemmpy (T0 Metenerdly the CON method mu zee pranounta materials a na.asbesloa mIufl^g, MseJpM.1I n and use of test result we the tespwlb®y el the dent ETL, Mc h net rasperukI* Inc the Shashi or the rents what monad M physic*, sepatrl and analyze lamed aamploa. My PUI routs bestow 1014 staWd be rtanriysed using Via EPA recommended Point Cid ma0wd. My mdudul Ural hos greater than 114 ashestes coolant M considered to be an Asbestos ConlaNMg Matehtl tAct.q. Thaw nwWlah amu 1.gulaled by both O511A and IM EPA and must be treated aermdtnply. Ramie as Mated M only to samples that were tested Page 5 of 7 Page 308 of 311 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes of May 2017. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Community Development Felchle, Kelley Approved 6/21/2017 - 11:15 AM ATTACHMENTS: Description Type a Community Development Board Meeting Minutes May Cover Memo 2017 SUBJECT: Community Development Board Meeting Minutes of May 2017. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: approval Page 309 of 311 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING May 16, 2017 The regular meeting of the Community Development Board was held in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa and called to order by Chairperson -Robert Tyson when a quorum was present at 4:00 p.m. on Tuesday, May 16, 2017. Members present: Maxine Tisdale, Robert Tyson, Jason Verbraken, Phil Nash, Doreen Mingo Members absent: Brooke Trent, Lisa Munoz Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary; Tim Jamison, Waterloo Courier A. APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the agenda. It was moved by Verbraken, and seconded by Nash to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON April 18, 2017. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, April 18, 2017. There were none. It was moved by Tisdale, and seconded by Verbraken to approve the minutes of the regular meeting on April 18, 2017 as presented. Motion carried. C. OLD BUSINESS 1. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). A certificate of occupancy should be available in 30-35 days. Jones stated that this will be a very positive housing unit in the downtown area and that there are many great activities in the area. Still need to schedule a small tour. 2. Update on Rehabilitation and Purchase — 718 Kern Street. Closing date scheduled for May 25`h Ms. Jones needs to come up with some funds for closing costs. D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for April 2017. It was moved by Mingo and seconded by Nash to endorse the rehabilitation contracts for April 2017. Motion carried. 2. Washington D.C. Coalition Trip An annual trip to Washington D.C. is taking place in June this year. Representatives from Waterloo and Cedar Falls will be taking part in this trip. Jones feels that Ben Carson may increase the budget for lead abatement but believes funding for CDBG will be comparable to last year. 3. Neighborhood Services Report Jones explained that Felicia will be attending the Neighborhood Conference in Omaha at the end of May. 4. Waterloo Housing Trust Fund Community Development was awarded $22,000 for the upcoming year to be used as grants for clients who need emergency repairs that exceed the $4,000 cap. 5. Update on Vacancies Jones discussed having the vacancies filled in 30-45 days. Jones also explained that City of Waterloo has a new HUD representative as our last rep has retired. Page 310of311 Minutes May 16, 2017 Page 2 E. DISCUSSION ITEMS 1. FY2018 Annual Action Plan Our office still has not heard from HUD on what our allocation is for the upcoming fiscal year. 2. Community Reinvestment Workshop A housing conference is scheduled for August with numerous opportunities to have discussions about rentals, landlords and other owner resources. ADJOURN MEETING. With no further business it was moved by Mingo, and seconded by Tisdale to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, — M(xe isdale Board Secretary Page 311 of 311