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HomeMy WebLinkAboutCouncil Packet - 7/24/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, July 24, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 272 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Eric Thorson, City Engineer Agenda, as proposed or amended. Minutes of July 17, 2017, Regular Session, as proposed. Recognition of Evelyn Russell for 40 Years of Service. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Almir and Lejla Bajramovic for tax exemptions on the construction of a new single family home valued at $364,950 for property located at 4823 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of Derrick and Leanne Klinkenberg for tax exemptions on the construction of a new single family home valued at $301,951 for property located at 1232 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of Douglas D. Miller for tax exemptions on the construction of a new single family home valued at $347,000 for property located at 156 Lichty Blvd., and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving the request of Darrell Huggins for tax exemptions on the Page 2 of 272 construction of a new single family home valued at $228,400 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving the request of Joshua Jebe for tax exemptions on the construction of home improvements valued at $29,782.15 for the property located at 809 Fairview Avenue and located within the Consolidated Urban Revitalization Area (CU RA). Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2018 ADA Bus Stops - Phase I, Contract No. 937, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2017 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and instruct City Clerk to publish said notice. Submitted By: Jamie Knutson, PE, Associate Engineer 9. Resolution setting date of public hearing as August 7, 2017 to approve a request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of multiple lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution setting a date of public hearing as August 7, 2017 to approve the sale and conveyance of city owned property (alley and street) located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, including a Development Agreement, and direct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution setting date of hearing as August 28, 2017 to approve an amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to include additional projects and update related financial information, and setting date of consultation with taxing entities on August 11, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving cancellation of assessment for 408 E. 8th Street in the amount of $369.01; and 409 E. 8th Street in the amount of $88, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 13. Resolution approving request from Main Street Waterloo to close the 500 Block of Mulberry on July 28th, 2017 from 4:00 p.m. to 11:00 p.m. for the Friday'Loo Car Show -And -Shine event. Submitted By: Joe Leibold, Police Captain 14. Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Page 3 of 272 Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan Park. Submitted By: Joe Leibold, Captain of Police Services 15. Request from Waterloo Homecoming Association to close the 100 block of Adams, 00 block of Webster and the 200 block of Ankeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park. Submitted By: Joe Leibold, Captain of Police Services 16. Request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Submitted By: Joe Liebold, Captain of Police Services. 17. Request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally-Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Submitted By: Joe Liebold, Captain of Police Services B. Motion to approve the following: 1. TRAVEL REQUESTS a. Officers Erie, Bram, Schaaf, Wilson and Richter Class/Meeting: Firearms Instructor Recertification School Destination: Johnston, IA Dates: 11/16/2017 Amount not to exceed: $825 b. Officer Herkelman Class/Meeting: Defensive Tactics Instructor Recertification School Destination: Des Moines, IA Dates: 11/15/2017 Amount not to exceed: $165 c. Investigator Gergen Class/Meeting: Defensive Tactics Instructor Rectification School Destination: Des Moines, IA Dates: 10/18/2017 Amount not to exceed: $165 2. LIQUOR LICENSES a. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (Ownership Update) Class: C Liquor New Application Does not include Sunday Expiration Date: 6/30/2018 b. Fraternal Order of Eagles Waterloo Aerie #764, 202 E. First Street Class: A Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/30/2018 Page 4of272 c. Walgreens #03590, 3910 University Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/16/2018 d. Main Street Waterloo, 212 E. 4th Street (5 Day Transfer from Lincoln Park) Class: B Beer New Application Does not include Sunday Expiration Date: 8/8/2017 e. Yesway Store #10023, 117 E. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 7/13/2018 3. Bonds 4. Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes). Submitted By: Pat Treloar, Chief of Fire Services PUBLIC HEARINGS 2. Asphalt Emulsion bids in conjunction with the City's Recycled Asphalt Paving Program. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING --No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving awarding bid to Bituminous Materials & Supply, L.P., of Des Moines, Iowa in the amount of $133,750 for Asphalt Emulsions in conjunction with the City's Recycled Asphalt Paving Program and authorize the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director 3. Sale and conveyance of city owned property generally located at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentina Castro. 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 at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentina Castro and authorize Mayor and City Clerk to execute said documents. Resolution approving Development Agreement with Roberto and Florentina Castro and and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson -Community Planning and Development Director Page 5 of 272 4. Request by Jason Grimm to purchase city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000. 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 University Avenue, in the amount of $2,000, to Jason Grimm and authorize Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Jason Grimm and authorize Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2017- 499 originally approved on June 26, 2017. Submitted By: Noel Anderson, Community Planning & Development Director 5. Request by P and H, LLC to vacate, sell and convey a portion of East San Marnan Drive right-of-way, adjacent to 121-129 East Tower Park Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No comments on file. Motion to close the hearing and receive and file oral and written comments. Motion to receive, file, consider and pass for the first time an ordinance approving a request to vacate a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution authorizing sale and conveyance of a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive, to P and H, LLC, in the amount of $1.00, and authorize Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 6. Resolution approving submission of grant application for a FY 2017 Historic Preservation Fund - Underrepresented Communities Grant from the National Park Service, in the amount of $50,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving extension of a moratorium for a period of three (3) months, ending on October 31, 2017, on the issuance of a Special Permit or License for the establishment of any new recycling, junk, or salvage yards. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution Approving acceptance of U.S. Department of Transportation and Federal Aviation Administration Grant No. 3-19-0094-045-2017 in the amount of $2,655,686 for the Pavement Reconstruction of Taxiway Charlie, Pavement Joint Seal Repair and Crack -Seal Maintenance on Runway 12/30, and Airfield Painting Improvements projects at the Waterloo Regional Airport, and authorize the Mayor, City Attorney, and Airport Director to execute said documents. Submitted By: Keith Kaspari, Airport Director Page 6of272 9. Resolution approving Memorandum of Understanding between INRCOG and the City of Waterloo, for grant writing services related to a REAP grant application not to exceed $200,000 to be used for Castle Bluffs Park Improvements, and authorize the Mayor to execute said document on behalf of the City of Waterloo, Iowa. Submitted By: Paul Huting, Leisure Services Director 10. Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, not to exceed $200,000 for Improvements at Castle Bluffs Park, and authorize Mayor to execute said document. Submitted By: Paul Huting, Leisure Services Director 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by GameTime c/o Cunningham Recreation of Charlotte, North Carolina, at a total cost of $43,992.41 in conjunction with the FY 2017 Highland Park Playground Project. Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services 12. Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Daniel J. Trelka, Chief of Police 13. Resolution accepting a donation of property from Wells Fargo to the City of Waterloo Community Development for property generally described as 418 Lane Street, with a $15,000 seller concession /cash contribution to assist with asbestos removal and demolition costs. Submitted By: Rudy D. Jones, Community Development Director 14. Resolution approving award of contract to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $39,792.70 and approving the contract, bonds and Certificate of Insurance for the FY 2018 Ash Street Drainage Improvements, Contract No. 936 and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 15. Resolution approving Reconstruction and Overlay Street Improvement lists for 2018. Submitted By: Eric Thorson, PE, City Engineer 16. Resolution approving Sub -recipient Agreements with the University of Northern Iowa Foundation in the amount of $43,500, Blue Zones in the amount of $55,000 and Tri - County Head Start in the amount of $1,500 for the Healthy H2O Loo Project, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer ORDINANCES 17. Enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code. Motion to receive, file, consider and pass for the second time an ordinance amending Page 7 of 272 the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Daniel J. Trelka, Chief of Police 18. Amendment to Title 5, Police Regulations; Chapter 5; Chronic Nuisance Properties. Motion to receive, file, consider and pass for the third time and adopt an ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "O. Fireworks", to definitions. Submitted By: Daniel J. Trelka, Chief of Police EXECUTIVE SESSION Motion to adjourn to Executive Session 19. Executive Session Discussion of the purchase of property pursuant to Iowa Code Section 21.5(1)(j) (2017). Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:30 p.m. Council Work Session, Harold E. Getty Council Chambers 5:05 p.m. Human Resources Committee, 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 June 20, 2017. Page 8 of 272 CITY OF WATERLOO Council Communication Minutes of July 17, 2017, Regular Session, as proposed. City Council Meeting: 7/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/17/2017 - 12:58 PM ATTACHMENTS: Description Type D Minutes of 7/17/17 Cover Memo Submitted by: Submitted By: Page 9 of 272 July 17, 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, July 17, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Kelly Sullivan, Granddaughter of Albert Sullivan. 145678 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 17, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145679 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 10, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart recognized Mark Lane for 30 Years of Service. Mayor Hart recognized Jon Martin as the July 2017 Team Member of the Month. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned how much it costs the tax payers for the fireworks calls. Mayor Hart questioned Chief Trelka of the cost for approximately 760 calls. Dan Trelka, Police Chief confirmed the cost is $9 per call just for dispatch. Dr. Kenneth Hadley, Commissioner for Waterloo Commission on Human Rights, questioned when an initiative on racial and social issues with the police department will be discussed at council. David Dreyer, 3145 W. 4th Street, questioned when he would receive a response to his question regarding bonding for the operation of the Five Sullivan Brothers Convention Center. Michelle Weidner, Chief Financial Officer, commented that she did respond to his email today. Todd Obadal, 124 Amity Drive, read Iowa Code Section 364.7. MAYOR AND COUNCIL REPORTS Mr. Morrissey read a comment that the Waterloo Public Library hours are being cut due to budget constraints and that it causes a severe impact to the community and that Code Enforcement needs an additional full time officer. He further listed the active projects in Ward 3. 145680 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145681 - 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 July 17, 2017, in the amount of $797,070.21 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 10 of 272 July 17, 2017 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2017-543. 2. Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program. Resolution adopted and upon approval by Mayor assigned No. 2017-544. 3. Resolution proposed specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean-up programs. Resolution adopted and upon approval by Mayor assigned No. 2017-545. 4. Resolution approving preliminary plans, specifications, bid documents, form of contract, etc., and setting date of bid opening as August 10, 2017 and the date of public hearing as August 14, 2017, for the FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Controls Systems, Contract No. 929, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-546. 5. Resolution setting a date of public hearing as August 7, 2017 to approve the sale and conveyance of city owned property located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction, Inc., including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-547. 6. Resolution approving request by Grace Reformed Church for a variance to the Noise Ordinance on Sunday, August 20, 2017 from 8:00 a.m. to 1:00 p.m. for the "Sunday in the Park" event to be held at Galloway Park, located at the corner of Maxwell & Stratford Streets. Resolution adopted and upon approval by Mayor assigned No. 2017-548. 7. Resolution approving request by Kevin McBride of Waterloo Worship Center for a variance to the Noise Ordinance from August 4-6, 2017 from 7:00 p.m. to 9:30 p.m. for the "Hope Fest 17" event to be held at Elk's Memorial Park, located at the corners of Wellington Street, Belmont Avenue, Norimer Street and Randall Street. Resolution adopted and upon approval by Mayor assigned No. 2017-549. 8. Resolution Authorizing Fund Transfer for Fiscal Year ending June 30, 2017. r r !TO Fr FROM 'AMOUNT General Trust & Agency $413,394.93 'Fund 'Fund ' PURPOSE Employee benefits Resolution adopted and upon approval by Mayor assigned No. 2017-550. b. Motion to approve the following: 1. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Keith Kaspari, Director of Aviation 4 -States Airport Conference (Former FAA Central Region Conference) Kansas City, MO August 28-30, 2017 $800. Officer Wertz Precision Driving Instructor Des Moines, IA July 31- August 4, $897.65 Page 11 of 272 July 17, 2017 2. c. a. b. c. d. e. f. g. h. i. J. k. 1. m. n. Page 3 Approved Beer, Liquor, and Wine Applications Certification Class 2017 Expiration Date Lt. Ferguson, Fire Illinois IAAI Champaign, IL September $833 Marshal (REVISED) Training Conference (International B Wine / C Beer / E Liquor 24-27, 2017 6/10/2018 x Association of Arson investigations) C Liquor w/Outdoor Service Renewal 7/7/2018 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Benevolent & Protective Order of Elks 14290, 407 E. Park Avenue C Liquor w/Outdoor Service / Catering Renewal 6/30/2018 x Broadway Liquor, 821 Broadway Street B Wine / C Beer / E Liquor Renewal 6/10/2018 x Chaser's Pub, 3005 University Avenue C Liquor w/Outdoor Service Renewal 7/7/2018 x Club Ambassador, 313 W. 5th Street (Adding Outdoor Service Only) C Liquor w/Outdoor Service New 12/15/2017 CVS 148546, 205 Franklin Street B Wine / C Beer / E Liquor Renewal 5/31/2018 x Iowa Irish Fest, Lincoln Park C Liquor w/Outdoor Service New 8/8/2017 x Kwik Star 14724, 1105 Cedar Bend Drive B Native Wine / C Beer Renewal 7/21/2018 x Kwik Star 14723, 707 Broadway Street C Beer Renewal 7/21/2018 x Kwik Star 14722, 1214 Franklin Street C Beer Renewal 7/21/2018 x Noodles & Company, 2833 Crossroads Blvd. Special C Liquor w/Outdoor Service Renewal 6/30/2018 x Old Skool Lounge, 120 Sumner Street C Liquor w/Outdoor Service Renewal 7/5/2018 x Red Lobster 146267, 941 E. San Marnan Drive C Liquor Renewal 7/27/2018 x Speedy Mart, 926 Linn Street B Wine / C Beer Renewal 7/6/2018 x Yesway Store 1410022, 1976 Franklin Street C Beer / E Liquor Renewal 7/12/2018 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Gwenne Berry Airport Board 6/30/2021 New Dr. Linda Allen Airport Board 6/30/2021 New Michelle Weber Design Review Board 5/7/2020 Renewal 4. Motion to approve Cigarette/Tobacco Permit New Application for V V S, Inc., 501 N. Elk Run Road. 5. Bonds Mr. Lind requested a work session prior to having a public hearing on items 1A2 and 5. He further commented on 1B3, as he had a call from a constituent that has applied to the Airport Board numerous times without appointment, and is wondering how he can be involved in the Board. Roll call vote -Ayes: Seven. Motion carried. Page 12 of 272 July 17, 2017 Page 4 PUBLIC HEARINGS 145682 - Schmitt/Powers that proof of publication of notice of public hearing on FY 2018 Ash Street Drainage Improvements, Contract No. 936, as published in the Waterloo Courier on July 3, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145683 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145684 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-551. 145685 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-552. 145686 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $53,859.40 Bidder Bid Security Bid Amount Vieth Construction Corp. Cedar Falls, IA 5% $51,739.28 Lodge Construction, Clarksville, IA 5% $39,792.70 Hurst & Sons Contractors 5% $54,143.43 Peterson Contractors 5% $56,871.40 Voice vote -Ayes: Seven. Motion carried. 145687 - Lind/Morrissey that proof of publication of notice of public hearing on FY 2018 Manhole Inspection - Service Areas 10, 11, 12, 13, Contract No. 935, as published in the Waterloo Courier on July 3, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road, questioned if the action is taking place after the project is already started. Steve Hoambrecker, Waste Management Director, explained the project that is currently underway is a separate phase from the one before council at this public hearing. John Sherbon, 1715 Robin Road, commented that a manhole was broken a few months ago on Black Hawk Road that was only temporarily repaired, and he feels the project lacks organization. Page 13 of 272 July 17, 2017 Page 5 145688 - Lind/Powers that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145689 - Lind/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-553. 145690 - Lind/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-554. 145691 - Lind/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $48,500 Bidder Bid Security Bid Amount RedZone Robotics, Inc. Pittsburgh, PA 5% $43,800.00 Fehr Graham Engineering Cedar Rapids, IA $5,567.50 Ck. 1406487 $113,350.00 Dependable Maintenance Clinton, IA 5% $30,660.00 Save Our Sewers, Inc. Cedar Rapids, IA 5% $115,138.00 Lodge Construction, Clarksville, IA 5% $153,300.00 Voice vote -Ayes: Seven. Motion carried. 145692 - Lind/Amos that "Resolution approving award of contract to Dependable Drain & Plumbing/Dependable Maintenance Systems, of Clinton, Iowa in the amount of $30,660.00, and approving the contract, bonds, and certificate of insurance for the FY 2018 Manhole Inspection - Service Areas 10, 11, 12, 13, Contract No. 935, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned the low amount of the bids received. Steve Hoambrecker explained the contract was reviewed by AECOM and himself and that the low bidding contractor is currently in the area and familiar with the work and therefore had a better understanding of the project needs. Resolution adopted and upon approval by Mayor assigned No. 2017-555. 145693 - Morrissey/Welper that proof of publication of notice of public hearing on sale and conveyance of certain tracts of land, formerly portions of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, as published in the Waterloo Courier on July 3, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 14 of 272 July 17, 2017 Page 6 This being the time and place of public hearing, the Mayor called for written and oral comments. Kelley Felchle, City Clerk, commented that no bids were received. David Dreyer, 3145 W. 4th Street, commented that Sunnyside South, LLC holds the deed. 145694 - Morrissey/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145695 - Morrissey/Amos that "Resolution authorizing to proceed pursuant to Iowa Code § 306.23", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind requested the appraisals for the property and recommended that the city assemble the four tracts into one parcel, appraise it and offer it for sale for 30 days to receive bids to keep the process more transparent. Mr. Schmitt requested an overview of the plan going forward. Noel Anderson, Community Planning Director, provided an overview of the plan. Jim Walsh, 315 E. 5th Street Waterloo, JSA Development and Sunnyside South, LLC, commented that they would like to build in Waterloo, and added that they have fulfilled their responsibility in accordance with the agreement held with the City. Resolution adopted and upon approval by Mayor assigned No. 2017-556. 145696 - Welper/Amos that proof of publication of notice of public hearing on sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC., as published in the Waterloo Courier on July 3, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Mayor Hart presented a power point on the current structural condition of the convention center and the cost for repairs. John Maloney, Leslie Hospitality Marketing Partner, of Dallas, Texas, explained that his company is an advertising partner with Leslie Hospitality and provided an overview of Leslie Hospitality's portfolio and the plans for renovation to the hotel and Five Sullivan Brothers Convention Center. Mayor Hart stepped out at 6:27 p.m. and returned at 6:29 p.m. Edwin Leslie, President and CEO of Leslie Hospitality, 7815 Shirley Street, Omaha, Nebraska, explained that the gold stars and sign are being left on the back side of the building and that it will be titled Five Sullivan Brothers Convention Plaza. He further explained that in the last week he has received numerous questions about who they are and if they can handle the project financially and proceeded to answer several of the questions he received. He explained that Leslie Hospitality will be the operating company of the Hotel RL, while LK Waterloo, LLC will be the holding company. Mayor Hart stepped out at 6:57 p.m. and returned at 6:57 p.m. Noel Anderson provided an overview of the development agreements for the hotel and convention center. Mayor Hart explained that the project falls under the following strategic plan goal number four. Page 15 of 272 July 17, 2017 Page 7 Christa Miehe, 237 Lovejoy and President of Marketing and Shared Services at VGM, explained that the service and facility at the convention center are abysmal and in need of repair. She explained that the provisions in the agreement for a review of the service at the facility is beneficial and needs to be enforced. She further explained that she supports the need for additional staff. Steve Dust, 3712 Pheasant Lane and President of Greater Cedar Valley Alliance and Chamber, expressed his support for the Development Agreement and sale of the convention center. Aaron Buzza, 345 Derbyshire Road, encouraged council to support Leslie Hospitality's purchase of the hotel and convention center and that no other developer is waiting or interested in purchasing both the hotel and convention center. Lawrence Wheeler, 433 Bratonober, commented that he is in favor of the purchase of the convention center but would like to see that it could accommodate arena football and that the construction be done by local union workers. Jim Walsh, 315 E. 5th Street and JSA Development, commented that for several years the convention center fell into disrepair. He further commented that the Development Agreement have additional claw back provisions. He further suggested that the scoring committee be set for both the convention center and hotel, not just the convention center. David Dreyer, 3145 W. 4th Street, questioned the reported expenses on the convention center. He further questioned if the contract will be with Leslie Hospitality or LK Waterloo, LLC. Edwin Leslie explained the agreement is with L K Waterloo, LLC, that he has signed a personal guarantee, and that the jobs will be filled by locals. John Bunge, 857 Lynkaylee Drive, is the producer of the Waterloo Home Show and expressed support for the purchase of the convention center. Forest Dillavou, 1725 Huntington Road, commented that this will be completed in the Downtown TIF and will not help the general fund and will take funds away from the county and schools as well. Noel Anderson explained that the debt service levy is released from the TIF district before it is contained within the TIF. Between the two projects approximately $100,000 will be divided up going to the debt service, which a portion of that goes to the schools, the county and to the city debt service account. Charles Pierson, 1750 Flower Street, explained that this will be a great project for the Sullivan Family but that work should be done to improve Sullivan Park and grant opportunities are available to help renovate the park. Jim McKernan, 511 E. 5th Street (KWWL), expressed support for the project and spoke about the transformative effect hotel and convention center projects have had in Omaha, Dubuque, Rochester, Iowa City, Cedar Rapids, and La Crosse. Kelly Sullivan, 2228 W. 8th Street, Cedar Falls, expressed support for the project and tanked Leslie Hospitality and Mayor Hart for their willingness to work with her family and develop a compromise. Hugh Field, 561 Sunset Road, expressed support for the project and encouraged council to ensure that the provisions of the agreement are sound. John Sherbon, 1715 Robin Road, expressed support for the project. Todd Obadal, 124 Amity Drive, commented that he does not believe this is a sound deal because he has not seen the final version of the development agreement. 145697 - Welper/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145698 - Welper/Morrissey Page 16 of 272 July 17, 2017 Page 8 that "Resolution authorization sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), in the amount of $1.00, to LK Waterloo, LLC, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Four. Abstain: Three (Lind and Schmitt — due to lack of information, Jacobs — due to work). Motion carried. Mr. Lind commented that he supports the city putting in $11 and a half million and the developer putting in $24 million and questioned if the city is complying with all of the TIF laws and state regulations, and questioned if the corporations have been fully vetted. He further commented that three things are needed such as a financing commitment letter, a RL commitment letter, and the project should be bonded, and further questioned the claw back provisions that Mr. Walsh mentioned and as a result he moved to table until resolved. 145699 - Welper/Schmitt to table indefinitely, until issues with the agreement are resolved. Roll call vote -Ayes: Three. Nays: Four (Morrissey, Powers, Amos and Welper). Motion failed. Mr. Morrissey commented that he opposes the table. Mr. Powers commented that he opposes tabling the resolution due to the comments provided by community leaders. Mr. Welper commented that he does not support tabling the agreement. Mr. Jacobs commented he believes it is prudent to look at additional information and questioned if the rules have been followed in notifying the public. He further listed a number of items he believes council should have for review, including the personal financial statement for Mr. Leslie to support his guarantee, and commitment letters from the bank(s). Noel Anderson commented that the developer has signed the Development Agreement. He read portions of the Development Agreement, (page 7, number 17) which states the property cannot be sold without the City's consent, and (page 2, number 4), requiring a proof of lending commitment letter. Mr. Leslie commented that the RL commitment letter can be sent in 48 hours once the City commitment is done, and all contractors will be bonded as required by the Development Agreement and that the transaction cannot take place until a funding piece is in place. Mr. Amos commented that the motion to table seems to center around a lack of trust of the staff and the job they are doing. Mr. Schmitt commented that everyone at the table supports the goal and that the council has a responsibility to ensure it is a good agreement, and it would be irresponsible not to listen to the two former City Attorneys whom have stated that the agreement may be lacking. He further commented he is troubled by the lack of communication and loose ends. Michelle Weidner, Chief Financial Officer, commented that Mr. Leslie signed the first version of the agreement back on June 26th, in an effort to allow council and the community ample time to review and absorb the agreement, after feedback was received, changes were made and Mr. Leslie signed the most recent version this evening. Mr. Obadal commented that the council is out of order and should not proceed because he has not seen the final version of the development agreement. Mayor Hart explained that the agreement has been discussed and the time for citizen comment has passed. Resolution adopted and upon approval by Mayor assigned No. 2017-557. 145700 - Welper/Morrissey Page 17 of 272 July 17, 2017 Page 9 that "Resolution approving a Development Agreement with LK Waterloo, LLC, and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Four. Abstain: Three (Lind and Schmitt — due to lack of information, Jacobs — due to work). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-558. RESOLUTIONS 145701 - Schmitt/Morrissey that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $47,500.00, in conjunction with the FY 2018 East 5th Street Parking Ramp Repairs, Contract No. 930, 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. 2017-559. 145702 - Schmitt/Morrissey that "Resolution approving the Construction Related Services (CRS) Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in conjunction with the projects contained in FAA Grant 3-19-0094-0045 at the Waterloo Regional Airport, and authorize the 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. 2017-560. 145703 - Schmitt/Morrissey that "Resolution approving Award of Contract to Croell, Inc. of New Hampton, Iowa, in an amount not to exceed $2,128,833.19 in conjunction with Bid Package No. 1, (Reconstruction of Taxiway Charlie - Base bid only), at the Waterloo Regional Airport, and authorize the 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. 2017-561. 145704 - Lind/Morrissey that "Resolution approving Award of Contract to Aspro, Inc. of Waterloo, Iowa, in an amount not to exceed $575,859.35 in conjunction with Bid Package No. 2, (Runway 12-30 pavement joint repair at Bravo 1, crack -seal preventative maintenance, and the repainting of airfield pavements), at Waterloo Regional Airport via FAA Grant No. 3-19-0094-0045 and authorize the Mayor, City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-562. 145705 - Lind/Morrissey that "Resolution approving contracts, bonds and certificates of insurance with Pella Roofing and Insulation, Inc. of Vinton, Iowa, for improvements associated with Hangar No. 5 at Waterloo Regional Airport in the amount of $65,995.00, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-563. 145706 - Lind/Morrissey that "Resolution approving contracts, bonds and certificates of insurance with Plumb Tech, Inc. of Waterloo, Iowa, for improvements associated with the HVAC system for the General Aviation Terminal Building at Waterloo Regional Airport, in the amount of $19,556.00, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Page 18 of 272 July 17, 2017 Page 10 Resolution adopted and upon approval by Mayor assigned No. 2017-564. 145707 - Lind/Morrissey that "Resolution approving Memorandum of Understanding between the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve Bank of Chicago, and the City of Waterloo", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-565. 145708 - Morrissey/Amos that "Resolution approving a Development Agreement with LK Waterloo, LLC for property located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $10.0 million, 20 years of tax rebates at 85%, and 20 years of increased hotel/motel increment, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Four. Abstain: Three (Lind and Schmitt - lack of information, Jacobs - work). Resolution adopted and upon approval by Mayor assigned No. 2017-566. 145709- Schmitt/Morrissey that "Resolution approving a permanent easement agreement with Grand Investments, LLC, for the purpose of allowing access to City owned flood wall located west of 425 Cedar Street, and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson provided an overview. Resolution adopted and upon approval by Mayor assigned No. 2017-567. 145710 - Schmitt/Morrissey that "Resolution approving an Early Access Agreement with Cardinal Construction, Inc. of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site northwest of 1318 Martin Road, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the ramifications of allowing work to be done with early access if the Development Agreement is not approved. Noel Anderson provided an explanation. Mr. Lind questioned if Cardinal Construction bears all risks with early access. Noel Anderson confirmed they would. Resolution adopted and upon approval by Mayor assigned No. 2017-568. ORDINANCES 145711 - Morrissey/Amos that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement", be received, placed on file, considered and passed for the first time. Roll call vote - Ayes: Seven. Motion carried. Mayor Hart questioned if speeding or not obeying traffic signals was the cause of the most dangerous accidents. Page 19 of 272 July 17, 2017 Page 11 Dan Trelka, Police Chief, explained that it is a combination of both. Jim Chapman, 224 Bertch, commented that he would like to see high crime areas get cameras rather than have red light cameras. Eric Donat, 610 E. 4th Street, commented that the Waterloo Commission on Human Rights has concern about how the red light cameras would impact minorities. Mayor Hart directed the Police Chief to work with the Human Rights Director on these concerns. Mr. Schmitt requested an overview of the ordinance. Dan Trelka provided an overview of the proposed Automated Traffic Enforcement ordinance. Mr. Schmitt questioned the benefit of the handheld over stationary. Dan Trelka explained that with the handheld device, the event is both witnessed by the officer and validated with the handheld device. Mr. Morrissey questioned who would have access to the data gathered from the cameras. Mayor Hart stepped out at 8:14 p.m. Dan Trelka explained the system is secure, and the information is only available to law enforcement. Mr. Powers questioned if the cameras could be moved to another location if needed. Dan Trelka confirmed they can be moved. Lawrence Wheeler, 433 Bratnober, expressed concern for having red light cameras as they may ticket funeral processions. Dan Trelka commented that funeral processions are in the ordinance. 145712 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind and Jacobs). Motion failed. 145713 - Schmitt/Morrissey that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "0. Fireworks", to definitions", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview of the ordinance. Dan Trelka commented that the chronic nuisance ordinance has been effective and this would be a way to address the chronic abuser. Mr. Lind questioned how the ordinance works regarding landlords. Dan Trelka explained that extensive conversation took place with landlords in the development of the ordinance. This amendment is a minor change he feels the landlords would support. Mr. Schmitt questioned if the landlords will be notified prior to a fine. Dan Trelka explained that two notices are sent out, followed by a fine notification. Mr. Schmitt commented that landlords have been complaining that they are not notified until it is time to pay the fine, and he believes that needs to be changed. Page 20 of 272 July 17, 2017 Page 12 145714 - Schmitt/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Two. Welper, Morrissey. Nays: Five (Lind, Amos, Schmitt, Jacobs, Powers). Motion failed. 145715 - Morrissey/Welper that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview. Sandie Greco, Interim Public Works Director, provided an overview of the ordinance change. Mayor Hart commented that informational sessions are needed to help people make it through the change in traffic in this section of road. Sandie Greco commented that they are hoping the road could become a nationwide example. Mr. Lind commented that the ordinance has a typo in mentioning Ninth Street from the ordinance. Sandie Greco stated that was an error. Mr. Lind questioned why it was important to lower protection to the bikers, and further questioned if the from 30 to 20. Sandie Greco explained that study results do show safety. Mr. Schmitt questioned the timing of the ordinance. the speed limit if the bike lanes were to give Engineer agreed with lowering the speed limit that lowering the speed limit it will enhance Sandie Greco explained the desire would be to complete within two to three weeks. 145716 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 145717 - Morrissey/Amos that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5407. ADJOURNMENT 145718 - Morrissey/Amos that the Council adjourn at 8:33 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 21 of 272 CITY OF WATERLOO Council Communication Resolution approving the request of Almir and Lejla Bajramovic for tax exemptions on the construction of a new single family home valued at $364,950 for property located at 4823 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CLURA 4823 Shelley Court SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo D ate 7/19/2017 - 10:43 AM 7/19/2017 - 11:08 AM Resolution approving the request of Almir and Lejla Bajramovic for tax exemptions on the construction of a new single family home valued at $364,950 for property located at 4823 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from Almir and Lejla Bajramovic for the construction of a single family home located at 4823 Shelley Court, Waterloo, Iowa 50701, valued at $364,950, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Nottingham Third Addition Lot 11 Page 22 of 272 For Office Use Only � Date Received: WI 1/7j Received by:iLj Staff to make o y torr applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3 -year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1s1 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: TELEPHONE: lm+r and i- !a bayyams TURE: S ere q -50t-(61 DATE: A. What is the Address of the property being improved? [ $CI ,-51/1%, 1)% GI. What is the Legal Description of theproperty? Ma be available at CountyRecorder's on 2"a floor of the Courthouse) (May hod � n l C k •(-&���� � � i Ga - l / B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) n e to ,c5m5 /vt/ts if g:Fef) M� C. City of Waterloo Building and Inspections Department Information: Permit Number: O 170-dDate permit was issued: I,9R�t�as D. What was the cost of the new construction? f 1 ' c3 l t i 36'1, q50 E. Estimated or actual date of completion of this new construction? Total permit(s) valuation: 90►7 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 23 of 272 Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is i assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hcrw (;ounty Assessor, or Nen erriployees. 1 he (-qv of Waterloo makes no warranty, express of Imp11ed, as to the eopea ly of the lnforraratlon shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. Page 24 of 272 CITY OF WATERLOO Council Communication Resolution approving the request of Derrick and Leanne Klinkenberg for tax exemptions on the construction of a new single family home valued at $301,951 for property located at 1232 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 7/24/2017 Prepared: 7/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CLURA 1232 Partridge Lane SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo D ate 7/19/2017 - 10:41 AM 7/19/2017 - 11:08 AM Resolution approving the request of Derrick and Leanne Klinkenberg for tax exemptions on the construction of a new single family home valued at $301,951 for property located at 1232 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from Derrick and Leanne Klinkenberg for the construction of a single family home located at 1232 Partridge Lane, Waterloo, Iowa 50701, valued at $301,951, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Audubon Heights 5th Addition Lot 25 Page 25 of 272 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN - REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one of dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application trust be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please ftlI out the following information for your application to be submitted to the City Council. NAME: ef{i UC ckeid Loki1/4 Ke hJSIGNATUI :p ADDRESS: t 9,3a ! ar ri d3, TELEPHONE: 3 i 1 1 g" - 1 (sr 5 DATE: ct..rte ,D ac, A. What is the Address of the property being improved? 1232 rt (,( sce What is the Legal Description of the property? (May be available at County Recorder's Office on 2°d floor of the Courthouse) B. What was the nature of the improvement(s)? (trust be single family homes or duplexkwin homes to qualify) SI A-0 .L 4. m r i1 vu.,A._) l c-vCJc. C. City of Waterloo Building and Inspections Department Information: Permit Number: aO 11 - two 3(-,114Date permit was issued: a f 3 / t �7 D. What was the cost of the new construction? 31.) t t g Total permit(s) valuation: <91 1, 63 5 E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tauri McFarland Black 1-Iawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black I-lawk County Assessor's Office for criteria eligibility. Page 26 of 272 Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hcrwk (;Quilty Assessor, or Mels errlployees. 1 he Uty of Waterloo makes ilo warranty, express of Implied, as to the eopea ly of he Irlf rraratlon shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of Douglas D. Miller for tax exemptions on the construction of a new single family home valued at $347,000 for property located at 156 Lichty Blvd., and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CLURA 156 Lichty Blvd. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo D ate 7/19/2017 - 10:42 AM 7/19/2017 - 11:09 AM Resolution approving the request of Douglas D. Miller for tax exemptions on the construction of a new single family home valued at $347,000 for property located at 156 Lichty Blvd., and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from Douglas D. Miller for the construction of a single family home located at 156 Lichty Blvd., Waterloo, Iowa 50701, valued at $347,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Lichty Second Orange Addition Lot 0038 Page 28 of 272 Datc Received: Received by: Staff to make a copy CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3 -year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the l s` working day of February following the year when the improvements are completed to comply with the titneline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: 110 (.( L- i f, t-- SIGNATURE: /4 / ADDRESS: / 5 A 1.-i` Gkl f iS l VCS! /• TELEPHONE: 3/ 9— 6 V" y9 i/ G/ DATE: A j"' t' I Q g O% 7 A. What is the Address of the property being improved? J 3-6 )- t' G Jl /-7( Olive) 6 0 7 U / What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) 1-- t' cA fi-7 Sec ° h e v ci e Ado/J/40'0 11 hv7" CYO -3 /0 reef I r RS) 3 / 7- (VS B. What was the nature of the improvement(s)? (must besinglefamily homes or duplex/twin homes to qualify) e Gv Con S ale c,17' CJ C. City of Waterloo Building and Inspections Department Information: Permit Number: (.1//4 /1/ 3 /3/4 Date permit was issued: /G -/ 3 - /6 Total permit(s) valuation: .3Q_c) GO D. What was the cost of the new construction? pcko 34/ 7 E. Estimated or actual date of completion of this new construction? At?L ( q S e6r o't / l pj / 07, aO) 7 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 29 of 272 Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hcrwk County Assessor, or Nen erriployees. 1 he Uty of Waterloo makes no warranty, express of Imp11ed, as to the eopea ly of the lnforraratlon shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of Darrell Huggins for tax exemptions on the construction of a new single family home valued at $228,400 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ CURA 1920 Idaho St. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Cover Memo D ate 7/19/2017 - 10:44 AM 7/19/2017 - 11:09 AM Resolution approving the request of Darrell Huggins for tax exemptions on the construction of a new single family home valued at $228,400 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving CURA application from Darrell Huggins for the construction of a new single family dwelling located at 1920 Idaho Street, Waterloo, Iowa 50707, Valued at $228,400 and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. N/A N/A CURA N/A N/A CITY VIEW HEIGHTS LOTS 7, 8 & 9 BLK 4 Page 31 of 272 CONSOLIDATED URBAN REVITALIZATION AREA Date Received: Received by: Staff to make : c APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1g working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: A r Y t'_ ) 1 )7\ 5 Yt5 ADDRESS: I -c} �Ul TELEPHONE: 3,A 52 61 5I `7 A. What is the Address of the property being improved? SIGNATURE: DATE: l!/ 2g 11 (q,PV What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. •X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Insppections Department Information: j Permit Number: Y� (aC4U f Date permit was issued: (0 (/ `��}7 CJS (' Total permit(s) valuation: .3 4 opp E. What was the cost of the i r rr ent? . D Co F. Estimated or actual date of completion of these improvements? 23 ) f 00 lel a r G. If this is not a singe -family dwelli t, which you own and reside in, will these improvements create a displacement of your tenants? Yes Lam_ No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 32 of 272 CITY OF WATERLOO OFFICE (JSE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 33 of 272 9C 4'. Southview Drive Willow Street Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hcrwk County Assessor, or Nen erriployees. 1 he Uty of Waterloo makes no warranty, express of Imp11ed, as to the eopea ly of the lnforraratlon shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of Joshua Jebe for tax exemptions on the construction of home improvements valued at $29,782.15 for the property located at 809 Fairview Avenue and located within the C onsolidated Urban Revitalization Area (C URA). City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description D CURA 809 Fairview Ave. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo D ate 7/19/2017 - 10:47 AM 7/19/2017 - 11:10 AM Resolution approving the request of Joshua Jebe for tax exemptions on the construction of home improvements valued at $29,782.15 for the property located at 809 Fairview Avenue and located within the Consolidated Urban Revitalization Area (C URA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving CURA application from Joshua Jebe for the construction of home improvements located at 809 Fairview Ave., Waterloo, Iowa 50707, Valued at $29,782.15 and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. N/A N/A CURA N/A N/A Grandview Place E 87 feet Lot 14 Block 2 Page 35 of 272 For Office Use Only Date Received: Received by: Staff to snake a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the l'` working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Counc,J. NAME: ADDRESS: G V ��,�,, x i3 -�•A � r TELEPHONE: 3 19 SIGNATURE: DATE: 6-1 --,k)/7 A. What is the Address of the property being improved? g CD % f A i r B. What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? rf evAA e IPkace_ E8) -4+ (.v4 /4-( 5Ic'c-k-2 Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. ,..>< A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. e. f. C. What was the nature of the improvement(s)? Fourth Year 50% g. Fifth Year 40% h. Sixth Year 40% 1, Seventh Year 30% Eighth Year 30% Ninth Year 20% j. Tenth Year 20% CO r -)-1)6.:k. i �l i e t 1i J /n W t1 cL vw,, r\d u,..o s %Ind '� r , t^ /plu Mb ; d GLt e, +� v pJ TEe a ��.q rr c1U frL j f / i�kf / 5 Al6x534 41 D. City of Waterloo Building and. Inspections Department Information: Permit Number: r 0 742- Date permit was issued: -72- - /4 Total permit(s) valuation: 130 °' r) E. What was the cost of the improvement? cpc, 1 17 4F(C) F. Estimated or actual date of completion of these improvements? i)) y) kj 3 o G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No The improvements to your home or business may not change the assessed value. City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Note: Note: G. tie, IvAltr '6t4a<✓' Page 36 of 272 Residential Remodel - 2016-00010742 General Status POnnit Issued 0612212016 1" Parcel Number 1Watertoo 891314383014 Related Prafesslanals Application Number Description Drywall, framing bthroom;entry door, Source Logos Primary Owner JQSHUAJEBE lssuedTo Property Owner Contact Email Phone Number EXT Contractor Other Pars} Thursday, Jun 01, 2017 10:20 AM Address 809 FAIRVIEW AVE WATERLOO, to 50703 Location Subdivision LOtNumber 0014 Expires 1112012017 Printed Paid 06122,2016 Stop Work Estimated ImprovementValue 53,300.00 Current Property Value Improvement Square Footage PermitAmount 597.00 Page 37 of 272 Perm€t. HVAC 201bgNUUrrel Jb.194 ' Permit HVAC -2010-00000394 Parcel 1 Waterloo 801314303014 Service Address 000 FAIRVIEW AVE WATERLOO, IA 50703 Parcel Oxne1 JEBE, JOSHUA `l PBacelOwner )C9nVador.(.ioerlh Contractorermtnlormntlon€ssued10UP Contractor IMO Fereday Heating &MC i vj Ellglble +; Contractor Contact141.1.jI1Bday • Primary L'1 41 bt 827 W 511ix&reel Fore 1WATERLOO,1A 50702 Other l8forn16t1on General Other Party Addre85. ! Status Pemi1 Expired 2(1212817 Printed Ptd 4(18(2018 Stop Work 1 Thursday, Jun 01, 2017 10:29 AM Eopfral8onDale ';1`22017 Parcel Information:.':': Location Subdivision Lo1Nnmber 0014 Description GB 7011 95%; AC 241,116 seer Loeallon Subdmslon • Lot Number Description, Comments:' EsbmatedlmprovementYalue lrnproveMentS 1iare.Foolage ,Current Prop.9ttyVallie u; 3B 70M 95%: AC 246110 seer KJ 05,535.00 i' Page 38 of 272 Plumbing Permit - 2016-00013739 General Status Permit Issued 08115(1018 €7 Parcel Number 'Waterloo 891314383014 User -Defined Fields 1 Fees Related Professionals 9nepections Application Number Oesalptlon WO: SINK; 59: LAV Source Lagos Primary Owner JOSRUAJEO€ IssuedTo Property Owner Contact Emell Phone Number (310)454-7565 EXT. Contractor (finer Pady Thursday, Jun 01, 2017 10:20 AM Address 809 FAIRVIEW AVE WATERLOO, IA 50703 Location Sued/vision Lot Number 0014 Explres 10!0712017 Printed Paid 081212016 Step Warty Esllmaled Improvement Value Current Property Value Improvement Square Footage Permti Amount $39.00 Page 39 of 272 Ramo Service Permit- RES-Rei+w dad - 1' :: OrO10742 Ja•Q X014415/11 60 I *4 General Pefine RESRemode1. 2015.00010742 0 P atrrl 1 W alerloe 691314383014 Service Address 809 FAiRVIEW AVE WATERLOO, IA50iO3 Parcel Owner ASE, JOSHUA Pnrml Issued To til Parcel Owner ()Contractor ()Other Contractor Information Contractor Contractor Coolant l; 41 U V ki Other Information Other Party Address hip Code City Stale Contact Emelt Phone Number 1 Thursday, Jun 01, 2017 10:21 AM C2 Status Perm.rl Issued 6,2212016 Printed Paid 612212010 Slop Work Expiration Date It120P2017 1� Parcel Information ioca0on Subdhielon LolNumber Oeaolptlon Comments Estimated ImprovemenLValue tmprovemonl Square Footage Current Properly Value 1 Ipriwait framin0 mnrnem:e ntry dant XI windows In bathroom; 2610E1ms in mudroom. Not owner occupied -Craig told owner 58 would need to pet IIcensed awn eters for memameats_ 53,300.00 Locatton $ubOnisfon Lal Number 8014 Des6PFon 0rywail, frnmmq bt roomtentry door; Page 40 of 272 lectrical Permits - 2016-00013738 status Permlt!Sailed 0811542016 Parcel Number iWatertoo 091314383014 General User -Defined Fields Application Number Description Remodel dwelling Source Logos Primary owner JOSHUA JEBE IssuodTo Property Owner Contact Email Phone Number (319).464.7565 EXT. Contractor Other Party Fees Related Professionals Inspections Thursday, Jun 01, 2017 10:21 AM Address 809 FAIRVIEW AVE WATERLOO. IA 50703 Location SubdiNsion Lot Number 0014 Expires 1011112017 Printed Paid 081212016 Slap Work Estimated Improvement ValUe Current Property Value Improvement Square Footage Permit. Amount $51.50 Page 41 of 272 Stree ittc."71 ii T Note Base map data source Is Black Hawk County Thismap does not represent a suNey, no IlablIV Is assumed for the accuracy of the data delineated here, either expressed or implied by Black Hawk County, the 1,1,k Hcrwk C,ourIty Assessor, or thelr errployees 1 he Uty ot VVdterloo makes wdrrdrIty, 504555 0[ Implled, [IS to the d,Uld, of the Irlforrrldtlorl showrl on this map, and expressly disclaims IlablIV for the accuracy thereof Users should refer to offIcIal plats, suNeys, recorded deeds, etc located at the Black Hawk County Assessor's Office for complete and accurate InformatIon --,„„ Conger Street CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2018 ADA Bus Stops - Phase I, Contract No. 937, and instruct City Clerk to publish said notice. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Engineering Clerk Office SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Reviewer Thorson, Eric Even, LeAnn Action Approved Approved D ate 7/19/2017 - 11:12 AM 7/19/2017 - 12:58 PM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2018 ADA Bus Stops - Phase I, Contract No. 937, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Plans prepared by the AEC OM. To be determined G. O. Bonds Page 43 of 272 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2017 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and instruct City Clerk to publish said notice. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Engineering Engineering Engineering Clerk Office SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Thorson, Eric Ross, Tracia Thorson, Eric Even, LeAnn Action Rej ected Approved Approved Approved D ate 7/19/2017 - 11:13 AM 7/19/2017 - 11:16 AM 7/19/2017 - 11:22 AM 7/19/2017 - 12:55 PM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2017 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and instruct City Clerk to publish said notice. Submitted By: Jamie Knutson, PE, Associate Engineer Plans prepared by the Wayne C laas s en Engineering & Surveying. To be determined Martin Rd. TIF This item supports the City's Strategic Plan Strategy 1.3 by providing sanitary sewer service to a development lot. Page 44 of 272 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 7, 2017 to approve a request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of multiple lots as Office/Medical, located at the southeast corner ofAnsborough Avenue and West San Marnan Drive, and instruct City Clerk to publish notice. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Andera, Tim Schroeder, Aric Higby, Nancy ATTACHMENTS: Description D Attachmenets - SPA Designation D Site Plan SUBJECT: Submitted by: Recommended Action: Action Rej ected Approved Approved Approved Type Cover Memo Cover Memo D ate 7/18/2017 - 12:11 PM 7/18/2017 - 12:22 PM 7/19/2017 - 10:59 AM 7/19/2017 - 11:07 AM Resolution setting date of public hearing as August 7, 2017 to approve a request by Cardinal Construction for a site plan amendment to the "R -4,R - P" Planned Residence District and "B -P" Business Park District to allow for the designation of multiple lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of multiple lots as Office/Medical, located at the southeast corner ofAnsborough Avenue and West San Marnan Drive; and instruct City Clerk to publish notice. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive and Ansborough Avenue, which are both classified as Minor Arterials. Highway 20 is located along the south side of the subdivision and is classified as a Principal Arterial. There are two ingress/egress points into the subdivision through Bankers Boulevard and Fisher Drive, which can help spread traffic out and alleviate and traffic concerns at Ansborough Avenue Page 45 of 272 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: and Fisher Drive. The Traffic Operations Department questioned if the applicant can provide a quick estimation of street peak hour traffic difference, in any, if this is approved to see if there is a cumulative impact upon the intersection of Fisher Drive and Ansborough Avenue. The applicant responded that with the use of the lots for office/medical, it should not negatively impact the intersection of Fisher Drive and Ansborough Avenue. If the use of the one lot were for a restaurant, impacts could be more apparent and possibly a study would need to be conducted, however, that would not be known at this time until such, if any development occurs. A 10' recreational trail is located along the south side of Fisher Drive, and there is sidewalk along the south side of Tower Park Drive and west side of Bankers Boulevard. Kwik Star is currently in the process of constructing a new convenience store at the intersection of Fisher Drive and Ansborough Avenue and a carwash directly across the street and there are plans to extend the 10' trail in front of the convenience store. The Future Land Use Map designates this area as Business Park. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Business Park uses can include professional offices, commercial and compatible light industrial development. The applicant is requesting to predesignate the uses of four different lots within the Country Club Business Center Addition. One lot along West San Marnan Drive would be designated at office/medicaI/restaurant, and the other three lots in the middle and easterly side of the business park would be designate as office/medical. The applicant wants to predesignate the lots so when a development comes forth meeting the criteria of the designation, it can simply go through a minor site plan amendment for concurrence before the City Council. None None required Zoning and Land Use N/A N/A COUNTRY CLUB BUSINESS CENTER 2ND ADDITION, LOT 2 COUNTRY CLUB BUSINESS CENTER 3RD ADDITION, LOT 3 COUNTRY CLUB BUSINESS CENTER ADDITION, LOT 3, EXCEPT THE EAST 21.99 FEET COUNTRY CLUB BUSINESS CENTER THIRD ADDITION PART OF LOT 2 DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF SAID ADDITION, THENCE Page 46 of 272 Legal Descriptions: NORTHEASTERLY ALONG THE NORTHLY LINE OF SAID LOT 2 156.50 FEET ALONG ARC OF 330 FEET RADIUS CURVE CONCAVED NORTHLY (CHORD BEARS NORTH 84 DEGREES 45 MINUTES 3 SECONDS EAST 155.03 FEET) THENCE NORTHEASTERLY ALONG A NORTHLY LINE OF SAID LOT 2 149.61 FEET ALONG THE ARC OF A 270 FEET RADIUS CURVE CONCAVED SOUTRLY (CHORD BEARS NORTH 87 DEGREES 2 MINUTES 23 SECONDS EAST 147.71 FEET) THENCE SOUTH 6 DEGREES 27 MINUNTES 58 SECONDS WEST 116.87 FEET THENCE SOUTH 33 DEGREES 40 MINUNTES 26 SECONDS WEST 57.76 FEET THENCE NORTH 73 DEGREES 7 MINUTES 7 SECONDS WEST TO THE WEST LINE SAID LOT 2 235.21 FEET THENCE NORTH 23 DEGREES 7 MINUTES 22 SECONDS WEST ALONG SAID WEST LINE SAID LOT 2 TO POINT OF BEGINNING 80.55 FEET Page 47 of 272 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND July 11, 2017 Request for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of one lot as Office/Medical/Restaurant, and three lots at Office/Medical Cardinal Construction, Inc, PO Box 897, Waterloo, IA 50704. The applicant is requesting the lot designations in Country Club Business Center Addition, which is located at the southeast corner of Ansborough Avenue and West San Marnan Drive. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The proposed office, medical and restaurant development would appear to be compatible to already existing commercial, professional office and medical office development in the area. There are some residential uses to the north of West San Marnan Drive, and though it may not be required, some additional landscaping and screening could be planted. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive and Ansborough Avenue, which are both classified as Minor Arterials. Highway 20 is located along the south side of the subdivision and is classified as a Principal Arterial. There are two ingress/egress points into the subdivision through Bankers Boulevard and Fisher Drive, which can help spread traffic out and alleviate and traffic concerns at Ansborough Avenue and Fisher Drive. The Traffic Operations Department questioned if the applicant can provide a quick estimation of street peak hour traffic difference, in any, if this is approved to see if there is a cumulative impact upon the intersection of Fisher Drive and Ansborough Avenue. The applicant responded that with the use of the lots for office/medical, it should not negatively impact the intersection of Fisher Drive and Ansborough Avenue. If the use of the one lot were for a restaurant, impacts could be more apparent and possibly a study would need to be conducted, however, that would not be known at this time until such, if any development occurs. A 10' recreational trail is located along the south side of Fisher Drive, and there is sidewalk along the south side of Tower Park Drive and west side of Bankers Boulevard. Kwik Star is currently in the process of constructing a new convenience store at the intersection of Fisher Drive and Ansborough Avenue and a carwash directly across the street and there are plans to extend the 10' trail in front of the convenience store and a new sidewalk in front of the carwash for their employees. As mentioned, there is a 10' recreational trail along the south side of Fisher Drive and the area has developed well with a mix of different transportation alternatives ranging from automobile, 7_11_17 SPA Designations - SE Corner of Ansborough and San Marnan Dr Page 1 of 3 Page 48 of 272 COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: July 11, 2017 pedestrian, bicycle and public transit. The area in question was rezoned from "A-1" Agricultural District to "R -4,R -P" Planned Residence District, "C -P" Planned Commercial District and "B -P" Business Park District on February 25, 2004. Surrounding land uses and their zoning designations are as follows: North — Multiple Family Residences and professional office development to the north of West San Marnan Drive, zoned "R - 3,R -P" Planned Residence District. South — Existing professional office and commercial development zoned "C -P" Planned Commercial District and "B -P" Business Park. East — Existing professional office development, zoned "R -4,R -P" Planned Residence District. West — Existing professional office development, zoned "C -2,C -Z" Conditional Zoning District. The area is comprised of commercial and professional office development that was constructed from 2009 to 2017. There is no buffering or screening required as a part of this request. As the lots develop, the builder 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 area in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0303F, dated July 18, 2011. Hoover Middle School, Lou Henry Elementary School and Paulsen Park are located approximately a 1/2 mile to the north near the intersection of Rachael Street and Colby Road. There are 8" sanitary sewers and 18" storm sewers that serve the existing subdivision. There are also 12" water mains that serve the subdivision. The Future Land Use Map designates this area as Business Park. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Business Park uses can include professional offices, commercial and compatible light industrial development. The applicant is requesting to predesignate the uses of four different lots within the Country Club Business Center Addition. One lot along West San Marnan Drive would be designated at 7_11_17 SPA Designations - SE Corner of Ansborough and San Marnan Dr Page 2 of 3 Page 49 of 272 STAFF ANALYSIS — SUBDIVISION ORDINANCE: July 11, 2017 office/medical/restaurant, and the other three lots in the middle and easterly side of the business park would be designate as office/medical. The applicant wants to predesignate the lots so when a development comes forth meeting the criteria of the designation, it can simply go through a minor site plan amendment for concurrence before the City Council. There is no platting required for this request. STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment in the "R -4,R -P" Planned Residence District and "B -P" Business Park District to designate one lot for office/medical/restaurant and three lots as office/medical 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. 7_11_17 SPA Designations - SE Corner of Ansborough and San Marnan Dr Page 3 of 3 Page 50 of 272 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 R -4.0-Z der R-3 n PL- • ■; '4���Nit la4 14 • 4: v� ••■ ■ .■1 01111.... 11101.. Ito • • -3 a ■■ ■■■■C■ ■1111111. R-4 iuJ' 0 Etn Emil.\11111■ - 11....."..ii.g. ■h. r�11111111:�• --____ ■■����111111111�.■r- ♦ _■ ■■ •■'■ ■- - ■ ■■ ■ ■ ■- - ■� /I■ NM 1■ ■- ■ ■■■� �� ■■ ■■ ■ il 1111TH �■ ■■ ■■ ■ �11��1��■�� ■■ ■ i ♦A ■, N■ ■ ■■ ■■ ■ - ♦ ■:■■■■-■■ --m.-- .- ::. a..� eti ■i �i'■■i■ ■ --Rr■p R 3 6=R■,�. irdim =■I■m'■■'■■r■ - 41 ice,■ ■ ce °■mg '\maR�Nom m■■■■■■■ -■■ow ..■ 1 it iE ■■ ■ ■ ■ ■n■■.,■i ia■ ii Ay /a��m•■n.■m■■■TT=C■nim'� ; ■m ■ ■ ;�j41■/d M■■■...■■ iimi/ y■n'�'■ ■ ■... n. ■ ■■ ■■ ■■ MI ■ia■� MIs■■■ ■ ■■sari■■ ■= ffa. �a yoryr r lisrod la mommiSi Ali mid4,0 MI=r+r � w 0 • • • ■ • ■ 1m ■ ■ ■ ■ R-3 R -1,C -Z G) ...UN■■NI!!MININSMIONNII C 2,C -Z 7-71411 R -4,R -P • k4 „,, R-3 n R-1 R -11I — UAKUTA W aJ A-1 R -4,R -P C -P R-4 20 B -P A-1 Southeast Corner of Ansborough Avenue and West San Marnan Drive Site Plan Amendment Cardinal Construction Page 51 of 272 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. AI'1'LICA"PION INI-i_)RMA'I'ION: a. Applicant's nunie (please print): Gi'dhG 1c0 h,f 1Y4.nCh 0 � 7 X3.2 SYo p Fax. Address: 9pPhone: – - + City: j f io State: --3A Zip: , o"10'I b. Status of applicant: (a) Owner )( (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print):A jvag Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of � - j site plan to be amended: CUkh 1 G raksll r!� %C ��}} �. MGiAA/ 11 Y w, b. Legal description of properly or portion to he amended:l old- t 5'141Crf �. AJ 1 1 tilr,_ YBmr,b„41 v t` eo 1 ( ,1��i?�Uvt �i•.D�fi lot 2, _ /1 3-0( A.J414i'a,,\ 1,04- 3 c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: R 0-P 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 fling 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. Al] 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 the property in question in regards to the request. Signature of Applicant Date G—v2 —/7 Date Page 52 of 272 314.1W,,,. ntesarra nem 1•11 .71 0.1 I d 11 WW11143 tmla4 IB •1I ;fl •,1 ',wow'vi•Mp ww I ' 3 AHS LI Vg�3AIHS Z O dO o W0 Z U W Y W 2 Z 00 m COc U -J }CC CC H< Z D Uo VM01 'AINf10O AWN NOV18 'OO11:131VM 01 NOIIIOOV 17131N3O SS3NISM emo AEI1Nf10O 4 AM. 0 ca a -- -- ------ 3111q3AVHDfI09068NV nqf Page 53 of 272 Plat Request — Brock Second Addition Looking at the lot along Tower Park Drive just south of west San Marnan Drive that would be designated at office/medical/restaurant. Looking at the vacant lot next to 815 Tower Park Drive to be designated as office/medical. Looking at the vacant lot along the east side of Bankers Boulevard between Tower Park Drive and Fisher Drive to be designated as office/medical. Looking at the vacant lot on the north side of Fisher Drive that would be designated as office/medical. Page 54 of 272 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 Southeast Corner of Ansborough Avenue and West San Marnan Drive Site Plan Amendment Cardinal Construction Page 55 of 272 ' ,; „���i� 4.,, Nr.:;. 101,,,I 200 100 0 200 etet o •° 1Feet CITY OF WATERLOO Council Communication Resolution setting a date ofpublic hearing as August 7, 2017 to approve the sale and conveyance of city owned property (alley and street) located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, including a Development Agreement, and direct City Clerk to publish said notice. City Council Meeting: 7/24/2017 Prepared: 7/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Anderson, Noel Felchle, Kelley ATTACHMENTS: Description D Central Property Holdings D Map of site SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Cover Memo D ate 7/21/2017 - 12:34 PM 7/21/2017 - 3:26 PM Resolution setting a date ofpublic hearing as August 7, 2017 to approve the sale and conveyance of city owned property (alley and street) located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, including a Development Agreement, and direct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City of Waterloo is working with Central Property Holdings, LLC for another great project along the Franklin Street corridor. This Development Agreement would offer incentives for the purchase of the empty lot next to CVS Pharmacy, sell some city right-of-way alley and street portions, and redevelop the other portions of the block with acquisition of the House of Hope and parking lot properties for the overall betterment of the Walnut Street neighborhood with the development of a new grocery store. The Development Agreement would give a $400,000 grant for the project, work towards acquisition and demolition/relocation of 222 Walnut Street (House of Hope) and parcel 8913-24-308-025, (parking lot), with ten years of rebates at 80% and an llth year at 25%, for the development of an 18,000 sq. ft. commercial building with a new taxable value of $2.0 million. estimated $950,000 Logan & Nuisance Bond funds and Logan TIF funds Page 56 of 272 This project would meet Strategic Plan goals 1, 2, and 4 dealing with Policy Issue: economic development, the creation of tax base, the creation of jobs, and the rejuvenation of neighborhoods. Alternative: Not approve Background Information: The CVS Pharmacy built on the former church and school site - creating a great opportunity for new commercial and infill development along the Franklin Street and Highway 63 corridors. The Walnut Neighborhood has been working, through a recent MO U, with the City of Waterloo for new improvements, new housing, and new commercial opportunities near their neighborhood and near Downtown Waterloo. One of their top priorities has been for a grocery store near their neighborhood. Past studies of the area have shown this general area and neighborhood to be classified as a food desert, meaning there is not a ready source of fresh groceries, etc. within a close proximity. This project is for the creation of a new grocery store, with a new taxable value of $2.0 million, next to the CVS Pharmacy. The City would be offering a grant of $400,000 to share in the cost of acquiring the site with the developer, the City is working with House of Hope to acquire their property so they can refurbish their new site on West 4th Street, and the City is working with Dave Larsen to acquire the parking lot at the corner of Walnut and East Second Street to allow him to work on new parking needs for Walnut Court. Te City will further offer tax incentives for the project at 10 years at 80% and an llth year at 25%, and will be reviewing requests to vacate City right-of-way alleys and streets in the area for the project to properly function. Legal Descriptions: Attached Page 57 of 272 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017, by and between Central Property Holdings, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Rodney A. Anderson and Daniel E. Levi are principals of Company and execute the personal guaranty at the end of this Agreement for the purposes stated therein. 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 undertake, or to cause to be undertaken, the financing and construction of a building and related improvements on property legally described on Exhibit "A-1" (the "Property"), located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). C. City believes that the development of the Property in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property. Company is purchasing the Property from its current owner. Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. Page 58 of 272 2. Improvements. Company shall construct a new commercial building consisting of no less than 18,000 square feet and related infrastructure, parking and landscaping (collectively, the "Improvements"), all of which shall be located on the Property. 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 site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and the Improvements to be constructed in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. Company must begin construction of Improvements on the Property within six (6) months after the date of this Agreement, and construction of Improvements must be completed within twelve (12) months thereafter (the "Project Completion Date"). If Company has not obtained a building permit and begun in good faith the construction of the Improvements on the schedule set forth above, this Agreement may be cancelled at the sole option of City. If development has commenced but is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following the failure of Company to diligently undertake construction within thirty (30) days following written notice of default from City to Company. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Project, then City may terminate this Agreement following the failure of Company to resume and diligently carry on construction within thirty (30) days following written notice of default from City to Company. 4. Development Grant; Contingent Repayment; Security. Concurrently with closing on Company's purchase of the Property, City will provide a payment of $400,000.00 (the "Grant") to assist Company with acquisition of the Property. The payment will be made on Company's behalf to the seller of the Property. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City in full, with interest thereon at the rate of six percent (6%) per annum, compounded monthly, from and after the date of disbursement and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage against the Property to City, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $2,000,000.00 and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City before City disburses the Grant 2 Page 59 of 272 payment to Company, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it, or any successor in title to the Property, 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. For itself and each of its successors in title to the Property, Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", neither it nor any successor in title will seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $2,000,000.00 (the "Minimum Actual Value"), through: (i) either; willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" concurrently with execution of this Agreement. 7. Tax Rebates. Provided that the Improvements have been completed as set forth herein, and provided that Company has executed the Minimum Assessment Agreement as set forth in Section 6, City agrees to rebate property tax annually (with the exceptions noted below) for any taxable value over the January 1, 2016 value of $48,130 for the Property, as follows: Years 1-10 Year 11 80% 25% Rebates are payable in respect of a given year only to the extent that general property taxes due and owing for the Property for such year have actually been paid. 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, or the rebate will be forfeited at City's option. The first year in which a rebate may be given ("Year 1") shall be the first full year for which the assessment is based on the completed value of the Improvements and not a prior year for which the assessment is based solely on the value of the land or on the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 3 Page 60 of 272 The assessed value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. 8. Purchase Option. In the event that Company desires to construct an additional project of equivalent or greater value on the Property, and provided that (a) City has acquired title to adjacent properties identified as assessor parcel nos. 8913-24- 308-006 and 8913-24-308-025 (the "Expansion Parcels") and legally described as set forth on Exhibit "A-2", then Company shall have an option (the "Option") to purchase the Expansion Parcels for the sum of $1.00, provided that Company shall enter into a minimum assessment agreement with respect to said project that provides for additional value of no less than $500,000.00. The Option may be exercised at any time on or before the fourth (4t") anniversary of the date of this Agreement by delivery of written notice of exercise to City. Within ten (10) days following delivery of the Option notice, the parties shall execute a written purchase agreement in form acceptable to City. Closing shall occur on a date to be agreed upon by the parties following delivery of the Option notice, which date shall be within sixty (60) days of delivery of the Option notice. Other terms and conditions of the closing shall be as specified in the purchase agreement, but in any event shall include as a condition to closing City's determination that Company's plans for additional Improvements satisfy the requirements of this Section and would meet other development criteria substantially similar to the Project criteria set forth in this Agreement. 9. Other City Assistance. City will review the feasibility of allowing additional on -street parking in areas abutting or near the Property. City will also proceed in good faith to evaluate opportunities for appropriate use of additional land for the Project or in support of the Project by means of vacating streets, alleys or public right of way. Any such public lands identified for inclusion in the Project will be vacated and conveyed to Company by required procedures and upon conveyance will be deemed to be included within the provisions of this Agreement and eligible for tax rebates 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 11. Representations and Warranties of City. City hereby represents and warrants as follows: 4 Page 61 of 272 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. 12. 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. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at PO Box 4236 Waterloo, Iowa 50704, facsimile number , Attn: Rodney A. Anderson, Manager, with copy to Eric W. Johnson, Beecher Law Firm, P.O. Box 178, Waterloo, Iowa 50704. 5 Page 62 of 272 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 6 Page 63 of 272 21. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 7 Page 64 of 272 CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS, LLC By: By: Quentin M. Hart, Mayor Rodney A. Anderson, Manager Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers 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, if any. Liability of guarantors hereunder is joint and several. Rodney A. Anderson Daniel E. Levi 8 Page 65 of 272 EXHIBIT "A-1" Legal Description of Property Lot 2, Waterloo Rx First & Franklin Subdivision, City of Waterloo, Iowa. Page 66 of 272 EXHIBIT "A-2" Legal Description of Expansion Parcels: Lot 17 and Lot 18, Block 42, in Cooley Addition, City of Waterloo, Iowa. Page 67 of 272 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Central Property Holdings, 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-1" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area of the City; 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 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, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $2,000,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, 2018. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2038. Nothing herein shall be deemed to waive Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 68 of 272 however, shall 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, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS, LLC By: By: Quentin M. Hart, Mayor Rodney A. Anderson Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 2 Page 69 of 272 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , by Rodney A. Anderson as Manager of Central Property Holdings, LLC. Notary Public 3 Page 70 of 272 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Dollars ($2,000,000) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 71 of 272 CC ueId e is pesodojd ennoi 'oopa}eM 4eeJ}s uipjueJd Teveuaaadns;aaJ}S uipjueid wuuuuwwA611111,. Page 73 of 272 N 0 40 0 0 0 V)V •C E 0 O .0 W N C ^ � O a D O LL(/) O Page 74 of 272 il c N 0 40 0 0 0 V C E 0 •L_ O .0 W N C ^ � O a D O LLC) o O Metal Coping Metal Panels Page 75 of 272 CITY OF WATERLOO Council Communication Resolution setting date of hearing as August 28, 2017 to approve an amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to include additional projects and update related financial information, and setting date of consultation with taxing entities on August 11, 2017, and instruct City Clerk to publish notice. City Council Meeting: 7/24/2017 Prepared: 7/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Amenement D Notice SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Reviewer Schroeder, Aric Felchle, Kelley Action Approved Approved Type Backup Material Backup Material D ate 7/21/2017 - 11:13 AM 7/21/2017 - 11:54 AM Resolution setting date of hearing as August 28, 2017 to approve an amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to include additional projects and update related financial information, and setting date of consultation with taxing entities on August 11, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The Downtown TIF District is proposed to be amended to include additional urban renewal projects and to update related financial summaries of bonding capacity, project expenses, and funding sources. The plan area is not being changed by the proposed amendment. None n/a Economic Development S ee Attached Page 76 of 272 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 23, 1974, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 2723 which was amended by Resolution No. 1996-804, adopted December 16, 1996, amended by resolution 2001-394, adopted on August 6, 2001, amended by Resolution No. 2003-225, adopted on April 7, 2003, amended by Resolution No. 2011-1109, adopted December 5, 2011, amended by Resolution No. 2014-966, adopted November 10, 2014, and amended by Resolution No. 2015-632, adopted August 10, 2015, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). B. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Paragraph I.G.3 is hereby stricken in its entirety and replaced with the following new paragraph I.G.3: 3. Bonding Capacity. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached hereto or to the latest Plan amendment. 2. Paragraph I.H is hereby stricken in its entirety. Page 77 of 272 3. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 4. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment 1 (resolution adopting this amendment) Attachment K (published notice of public hearing) Attachment L (posted notice of public hearing) 5. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2017. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 78 of 272 IMPORTANT NOTICE — PUBLIC HEARING MONDAY, AUGUST 28, 2017 AT 5:30 P.M., CITY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA. THE PURPOSE OF THE PUBLIC HEARING IS TO DISCUSS AND MAKE AMENDMENTS TO THE AMENDED AND RESTATED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN, TO INCLUDE ADDITIONAL PROJECTS AND UPDATE RELATED FINANCIAL INFORMATION. The Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan area is an area of slum and blight and an economic development area within the meaning of Iowa Code Section 403.17(10). Such area is appropriate for commercial and industrial enterprises and is eligible for an urban renewal project and otherwise meets all requisites under the provisions of Iowa Code Chapter 403. The rehabilitation, conservation, development, redevelopment, or a combination of such activities, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City of Waterloo. The Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan was initially adopted by Ordinance No. 2723 on December 23, 1974, and amended by Resolution No. 27385 adopted in 1980, Resolution No. 1996-804 adopted December 16, 1996, Resolution No. 2001-394 adopted August 6, 2001, Resolution No. 2003-225 adopted April 7, 2003, Resolution No. 2011-1109 adopted December 5, 2011, Resolution No. 2014-966 adopted November 10, 2014, and Resolution No. 2015-632 adopted August 10, 2015. An amendment to the plan is proposed to include one or more additional urban renewal projects and to update related financial summaries of bonding capacity, project expenses, and funding sources. The plan area, which is not being changed by the proposed amendment to said plan, is described as follows: Beginning at the point where the centerline of W. 12t' Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12t' Street, and the centerline of W. 12t' Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. 11t' Street, thence Northeasterly along the centerline of the 11t' Street Bridge and E. 11t' Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7t' Street, thence Northeasterly along the centerline of E. 7t' Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3' Street, thence Southwesterly along the centerline of E. 3' Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence Southwesterly along the centerline of W. 2nd Page 79 of 272 Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4' Street, thence Northeasterly along the centerline of W. 4' Street to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. The public hearing will be held at 5:30 p.m. on Monday, August 28, 2017, in the City Council Chambers at City Hall in Waterloo, Iowa. Any questions regarding the proposed amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan should be directed to the Planning and Zoning Office at 291-4366. Anyone who is interested may appear at same time and place and be heard or may file written objections or comments with the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, before the date set for said hearing. By order of the City Council this 24th day of July, 2017. Kelley Felchle, City Clerk Page 80 of 272 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 408 E. 8th Street in the amount of $369.01; and 409 E. 8th Street in the amount of $88, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/19/2017 - 4:37 PM SUBJECT: Resolution approving cancellation of assessment for 408 E. 8th Street in the amount of $369.01; and 409 E. 8th Street in the amount of $88, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 81 of 272 CITY OF WATERLOO Council Communication Resolution approving request from Main Street Waterloo to close the 500 Block of Mulberry on July 28th, 2017 from 4:00 p.m to 11:00 p.m. for the Friday'Loo Car Show -And -Shine event. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Police Department Clerk Office ATTACHMENTS: Description ❑ Request SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer Leibold, Joe Even, LeAnn Action Approved Approved Type Cover Memo D ate 7/19/2017 - 4:36 PM 7/19/2017 - 4:50 PM Resolution approving request from Main Street Waterloo to close the 500 Block of Mulberry on July 28th, 2017 from 4:00 p.m. to 11:00 p.m. for the Friday'Loo Car Show -And -Shine event. Submitted By: Joe Leibold, Police Captain Approve Request Cost with placing and retrieving barricades. General Page 82 of 272 VA.. S "FHTVVJHC°fid L'\i :II`'_N= T 1`,_H Mayor of Waterloo; Waterloo City Council; City Staff Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 RE: Street Closure Request (July 28) On Friday, July 28, 2017, Main Street Waterloo will be hosting our Friday'Loo "Car Show -And -Shine" event at Lincoln Park in Downtown Waterloo. Main Street Waterloo is requesting to close the following streets on Friday, July 28 at 4:OOpm, until Friday, July 28 at 10:30pm: - Mulberry Street (500 Block) ** Intersections will remain open to allow for traffic flow throughout Downtown** We look forward to hosting yet another great Downtown event, showcasing all that makes Downtown Waterloo a great place to live, work, play and visit. Thank you, Tavis Hall Executive Director, Main Street Waterloo Page 83 of 272 CITY OF WATERLOO Council Communication Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan Park. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Police Department Clerk Office ATTACHMENTS: Description D Route Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Leibold, Joe Higby, Nancy Action Approved Approved Type Cover Memo D ate 7/18/2017 - 2:24 PM 7/19/2017 - 9:45 AM Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan P ark. Submitted By: Joe Leibold, Captain of Police Services Approve Request This event and parade are coinciding with the North End Arts Festival at Sullivan Park. Cost with providing traffic control, placement and retrieval of barricades. General None Page 84 of 272 Go gie Maps Alternate route 2017 KbbgParade wv Lauine �4 .Luise at Anita St Line Iron & Metals 0 Esther St �erSt E Hanover St Clar,S•I 0 e... Ear * os. v µ mW Arlington St m v> CP -0, z g 0 fir 11 4aQ4 W Parker St E Parke- :'Y -2 k Newton St Kern St Gable St Kern St New World Stokes pr 0 Red Carpet Golf Course 0 0 m ©5 Sports Lounge g Newell St Riehl Se p 9 Conger St fl--- —.m—r—Q Newell 5 Newell Si Nev,:ll Sl Q. gQ o ize er St Conger St a Quincy St Quincy St ° _ ro n m Anthony St o . Webster St Webster St m a CentenSt Cr tn s t6 Sullivan '_° - •r• a- '0. . Edwards St 1:CIAdams St . o roco Memorial Park# enl mocCottage StCottage St = e © "� Park .6,9, 7c S ' i 'SuPlliiri'oi ;43 R. oin St Dane St . t_ 4 c=3 -•W n Oneida St V' aAl Touchae Park e� Bratno,'ber St EY' y r. noco - m `�faPete_ Argyle St a u Q y Willow st Sr tie Shilliem Ave N ro no Albany St Merriman St Pine 5t bt pKa tin Luther King Jr Dr as m s �Lime St dTPs. Vut taus 0 Highland Park co �iy� Sr w r katwn �a S" Cdfd'y�r 'ysl rei Vine St „p` Vine St 6Y 1-e r� a� t fwt'C3 Prospect Ave qh�'N, a3o'r sr �Qa` ut l Glenwood St en Authority 7 m s _ Waterloo Hous a 0 Ait Mara Ave Anrinnnn rl nn nn A,..v ...l.....nnrJn iNnn A,.n Map data ©2017 Google United States 1000 ft Measure distance Total distance: 1.73 mi (2.78 km) S View Prospe[t A, Page 85 of 272 CITY OF WATERLOO Council Communication Request from Waterloo Homecoming Association to close the 100 block ofAdams, 00 block of Webster and the 200 block ofAnkeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park. City Council Meeting: 7/24/2017 Prepared: 7/24/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 7/24/2017 - 3:44 PM Clerk Office Higby, Nancy Approved 7/24/2017 - 3:58 PM SUBJECT: Submitted by: Expenditure Required: Request from Waterloo Homecoming Association to close the 100 block of Adams, 00 block of Webster and the 200 block ofAnkeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park. Submitted By: Joe Leibold, Captain of Police Services Cost with placing and retrieving barricades Source of Funds: General Page 86 of 272 CITY OF WATERLOO Council Communication Request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. City Council Meeting: 7/24/2017 Prepared: 7/24/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/24/2017 - 4:03 PM SUBJECT: Request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain ofPolice Services. Submitted by: Submitted By: Joe Liebold, Captain of Police Services. Page 87 of 272 CITY OF WATERLOO Council Communication Request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally-Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. City Council Meeting: 7/24/2017 Prepared: 7/24/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/24/2017 - 4:06 PM SUBJECT: Request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally- Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Submitted by: Submitted By: Joe Liebold, Captain of Police Services Page 88 of 272 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 7/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 7/19/2017 - 11:16 AM ATTACHMENTS: Description Type D Bonds for council approval Cover Memo SUBJECT: Bonds Page 89 of 272 BONDS FOR COUNCIL APPROVAL June 24, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 63079056 IA 580414 HUDSON HARDWARE PLUMBING & HEATING, INC. CHAD L. TONEFF dba CHAD'S PLUMBING HUDSON, IA DUNKERTON, IA Page 90 of 272 CITY OF WATERLOO Council Communication Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes). City Council Meeting: 7/24/2017 Prepared: 7/24/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/24/2017 - 3:24 PM SUBJECT: Submitted by: Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes). Submitted By: Pat Treloar, Chief of Fire Services Page 91 of 272 CITY OF WATERLOO Council Communication Asphalt Emulsion bids in conjunction with the City's Recycled Asphalt Paving Program. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn Action Approved ATTACHMENTS: Description Type D Bid Tab Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: D ate 7/19/2017 - 12:38 PM Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING --No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving awarding bid to Bituminous Materials & Supply, L.P., of Des Moines, Iowa in the amount of $133,750 for Asphalt Emulsions in conjunction with the City's Recycled Asphalt Paving Program and authorize the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval This program consists of cold, in-place mixture of liquid emulsified asphalt with crushed hot mix product. $210,275.00 Local Option Sales Tax - 205-19-7110-1513 This follows Goal 2 - Strategy 2.2 of the strategic plan - to enlist all city departments and staff member in efforts to promote a safer community. Emulsified asphalt is used in our recycled paving program yearly for unimproved streets. Page 92 of 272 ASPHALT EMULSIONS/ASPHALT PAVING PROGRAM Bid Tab: July 20, 2017 Estimate: $210,275.00 Bidder Product Estimated Bid Quantity Unit Price Total Bituminous Materials & Supply Des Moines, IA HFMS-25 5,000 Gallon $1.85 $9 250.00 CRS -2P 50,000 Gallon $1.95 $97 500.00 15 000 Gallon $1.15 $17,250.00 DILUTE CSS -1 5,000 Gallon $1.95 $9,750.00 HFE-300 Total $133,750.00 Page 93 of 272 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property generally located at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentine Castro. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 7/19/2017 - 10:56 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 12:02 PM ATTACHMENTS: Description Type ❑ Bid Tab Cover Memo ❑ Robert Castro Bid Cover Memo • Americans for Independent Living Cover Memo • Aerial Photo/Detailed Property Report Cover Memo D Robert Castro Development Agreement Cover Memo SUBJECT: Submitted by: 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 at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentine Castro and authorize Mayor and City Clerk to execute said documents. Resolution approving Development Agreement with Roberto and Florentine Castro and and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson -Community Planning and Development Director Recommended Action: Approval and authorize City Attorney to prepare and deliver deed accordingly. The property at 1606 Williston Avenue was acquired through Iowa Code 657A in 2016. The property is in reasonably good shape considering it was vacant for Summary Statement: approximately five years. The city had multiple interested parties who wish to purchase the property for rehabilitation, and Castro was the high bidder, offering $10,005. Expenditure Required: N/A Source of Funds: N/A Page 94 of 272 Policy Issue: Sale of City owned Property/Dilapidated Housing. Alternative: Demolish and maintain. Legal Descriptions: Lot 99, Kenwood Park, in the City of Waterloo, Iowa. Page 95 of 272 Sale of 657A Property located at 1606 Williston Ave June 8, 2017 Bid Tab Estimate: Bidder Bid Bond Bid Amount Robert Castro Construction, Inc. 269-0615 Chk.#7048 $10,005.00 American's for Independent living Tim Combs — 319-243-9932 Ck. Engineering has in office. $5,000.00 Page 96 of 272 City of Waterloo Property Bid Sheet Property to be bid upon: 1606 Williston Ave Name in which property would be transferred: ok'"'C Ivk IC.:C, Name of bidder: Address of bidder: ‘49,0 o S r- Ui t L , I 14) S o i -o Phone & Fax number of bidder: L () OA, 9 - ()GIS p)" 6 6 - bo 0 -60 w # My offer for property being bid upon: 1 0 0 0 5, 00 1,000,00 earnest fee: c h 73 0 4 b/ (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer, Also, it is required that the earnest fee he paid per property if bidding on multiple properties.) Brief Descriptioniof intended c�r•ri ei [Gf��iA Lfi j rr fir.€ 1,9a 5%! r e -di Yr No. Improvements: tri 1v Y00. C i 1 11ti.i { k( T is M1 r Cs 1 -iRi; l '� tl i n i 471 ' i 1 r 4 \ p� ✓ 03/4-1 v ,gi n j s^ -'t kg), yZ^,0CY1, to,..,,,, 6.4 ih. [N €2.A. t J evc 1 , .,$ i ' l lin I ri a r, c� U Furthermore, 1 understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. b.t/i40 Signature of applicant/ bidder Date a-5/1• •* Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 97 of 272 oa rt ouur° construction City of Waterloo Planning arid Zoning 715 Mulberry St Waterloo, IA 50703 Robert Castro Construction, Inc P.O. Box 2493 Waterloo, IA 50704 Ph. (319) 269-0615 Fax. 866-600-6044 robericasiroroufingt@hotruaii.coiu www.robertcastroroofing.com April 25, 2017 RE: 1606 Williston Avenue Waterloo, IA Dear Sir or Madan, Robert Castro Construction, Inc by Roberto and Florentina Castro proposes to buy the property at 1606 Williston Avenue in Waterloo, Iowa to remodel it inside and outside. In the past we bought a property from you at 1640 Cherry Hills Drive and remodeled everything until look like new homo. We are ready to start a new project and will be a pleasure do the same with the property that we propose to buy, we have the experiences and financial ability to transform it to a lovely home. I am listing the improvements that we will get done on 1606 Williston Avenue to make that house habitable again. 1. Get a building permit from City of Waterloo. 2. Cut the bushes that are in front of the house, so can have a better view. 3. Turn down the one car garage and haul debris away because is in really bad condition. 4. Tear off existing asphalt shingles from house and detached garage and haul debris away. 5. Install new'/" plywood on house and detached garage. 6. Blow insulation in attic. 7. Install new asphalt shingles on house and detached garage. 8. Remove drywall from house. 9. Inspect the framing and replace any bad boards. 10. Framing the baseman to build 2 extra rooms and additional bathroom. 11. We will install new breaker panel and electricity in whole house. 12. Install new plumber on house. 13. Install net insulation in whole house. 14. Build an addition on back of the house to have space for dining room (14'X14'). 15. Build a wood deck by addition 16. Install new windows on house and detached garage. 17. Install new entry doors on house and garage. 18. Install new garage door with new door opener. 19. Install new slide door to go out to the deck. 20. Replace shower and toilet upstairs Free Esbinates, Insured and Experience Page 98 of 272 16ou rt asiro cunstructIDn Robert Castro Construction, Inc P.O. Box 2493 Waterloo, IA 50704 Ph. (319) 269-0615 Fax. 866-600-6044 robertcastroroofing(hotmail.com www.robertcastroroofing.com 21. Build a new full bath in the basement. 22. Install new drywall on whole house. 23. Paint the house. 24. Install new kitchen cabinets and vanities in the bathrooms. 25. Install new countertop on kitchen cabinets. 26. install new tile on bath rooms, kitchen and dining room floors. 27. Install new carpet on living room and rooms. 28. Install new doors and wood trim on each door. 29. Install new baseboard on whole house. 30. Remove siding from house and detached garage. 31. Install new %" insulation on house and garage. 32. Install new Double 4" Mastic Ovation vinyl siding. 33. Install new 6" aluminum fascia. 34. Install new aluminum soffit. 35. Install new furnace unit and pipes on house. 36. Install new air conditioner unit. Thank you in advance for your time and consideration on our proposal, if you have any question or concern please feel free to contact us any time. Sincerely, /r�'oGndo Cgo Roberto Castro President Free Estimates, Insured and Experience Page 99 of 272 Page 1 of 1 There is 1 photo of parcel 891336102002. itti P�/�� of 272 ://v+rw-w2.co.black-hawk.ia.us/website/blunap/bhParinnages.asp?apn=891336102002&a... 1 building sketch of parcel 891336102002. ejC x cls 11 OD c1 Page 101 of 272 http ://www2. co .black -hawk. ia.us/website/bhmap/bhParImages. asp?apn=8913 3 6102002&arg=sketch Farmers STATE BANK MBASER?DSC Building Your Success April 27, 2017 Roberto & Florentina Castro 104 Michelle Drive Hudson, IA 50643 RE: Roberto & Florentina Castro 1606 Williston Ave, Waterloo, IA 50702 To whom it may concern, Roberto & Florentina Castro have the sufficient funds necessary for an offer to purchase and improve 1606 Williston Ave, Waterloo, IA 50702. Should there be any question please contact me directly with the information provided below. Regards, Nick 'aas ` Business Development Officer I Farmers State Bank [ www.FSB1879.com (319) 874-4367 Direct (319) 464-6692 I Cell (319) 287-3961 1 Office (877) 372-1879 1 Toll Free (319) 287-3966 f Fax 1 -877 -FSB -1$79 www.FS131879.corn Page 102 1272 City of Waterloo Property Bid Sheet Property to be bid upon: 1606 Williston Avenue Narne in which property would be transferred: eta C w`f- t t'UO'ke Name of bidder: PrjavOi _ 1 G n OtCvrf (,\i M- 5 Address of bidder: 0253 a �n �►C! S i `� y SuAc 3 3 j k( i001 t4- S-070 / Phone & Fax number of bidder: 3) ct 3 "" 9 532.. ifYltrt`Cans -Oor My offer for property being bid upon: $1,000.00 earnest fee: (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: "it. t S . eiontipLfetti` rt-ku.rbi s le; e t°s- i 1 S ,` ie CAA- ty reL2 via C 1 emt )s114,.. '.u) rax�f CLQ . it w (..) r -+n o<e ritca.1I y�e w ,Lie e, f -5 (1 e it.16 1,4- dio 1ux_ k.v►hrk s . ! R -e Lwu. � r `vr~ 4.44,04_ ua_ htw rtiisCrS s 4 uirs . pi e . ��v%�li�� ('JiYLc CLtviz�,� ` , j61 a` h, � 41,444 r c ckocP but rill) �► t' , i((��'`1,ion o f elk �L k _(, i2'/O t1i S, Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. S(AP I Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. -177-17 Signaturof applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 103 of 272 CLEAN UP YARD DOUBLE STALL GARAGE ADD NEW WAL DEMO EXISTING SfNGLE CAR GARAGE L2 0 O 0 p 50' WILLISTON AVE AMERICANS FOR INDEPENDENT LIVING PROJECT: 1606 WILLISTON AVE REHAB PROJECT FROM CITY OF WATERLOO DATE: 4127117 M Page 104 of 272 5/31/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-36-102-002 Deed Holder: _ CITY OF WATERLOO Parcel Address: 1606 WILLISTONAV, WATERLOO, IA 50702 Lagnd parceldim Phalo Black Hawk Co. nrtaep, parks Fid Ihrrroads f� TwanshlPs „.• saoaons Wafer _ 1 Parcels flIphlsaUAWy IlTownship �y; City Linrs rallroad_dlm srnema_ roaddim watamsma_ Ila `I-. 182.6' •kdSetd . ,,p i" ad'• P y 114. Y �Q } .^ �p l _r'#se"' . WILLISTON AVE. fr `"eK . ya `+��" �F,, d a i, �. Arm.. R'# od b<'+9m"+r:•. � - , Se .`.. _ �hosptal 4all I.. 4 TM:y r~ tAerial I Y4 1 . - - , ,a I��l� '- - 8 if .(I e f 1 r ,rf ' a Its. j.iiP ' ,r + i, Iry I 1I "TgNi. ■' A1au crc+alod wl1h ArcIMS p l • Cupyaglri;CI �5S I')221 y • CSRI Ine. .. b '3: ..fi11 r e4 1' 0. stl_Y --11-'4 ii @IR Rrcn /f Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor{a?co.black-hawk.ia.us.orq Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for focal government purposes. See the recorded documents for more detailed legal information. Page 105 of 272 1/1 W31/2017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-36-102-002 PDF No. 4 Map Area CWTLO-06 Property Address 1606 WILLISTON AV WATERLOO, IA 50702-3912 Deed Holder CITY OF WATERLOO Contract Buyer ax Mail to Address ITY OF WATERLOO 15 MULBERRY ST TTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 [Current Recorded Transfer Date Drawn Date Filed Recorded Document 10/19/2016 10/21/2016 ,2017 007695 Type D SALES None BUILDING PERMIT Date 7/14/2016 /20/2012 10/23/2006 Number A 11170 A 03423 A 1456 mount 500 525 Reason Roof Roof Roof ASSESSED VALUES/CREDITS Year 2017 Values pending Board of Review Action iiiMENEENEEMIEREEMEEMk 100% Value Taxable Value Land Multi -Residential Land Land 12,130 Multi -Residential Land 0 Class E Dwelling 'Building Total Acres 58,440 70,570 [Dwelling Building _158,440 10 otal 70,570 Year 2016 100% Land Multi -Residential Land Value 12,130 Taxable Land Multi -Residential Land Value 6,907 lass R Dwelling 58,440 Building 0 atal 70,570 Acres 0 Dwelling 33,275 Building 0 rotal 0,182 Year 2015 100% Value masizzammsamma Taxable Value Year 2014 100% Value 142111 Taxable Value Land Multi -Residential Land 12,130 Land Multi -Residential Land 6,747 Multi -Residential Land 12,130 0 Land Land Multi -Residential Land 6,760 0 Class R Class R Dwelling Building Total Acres 58,440 0 70,570 0 Dwelling 32,508 Dwelling 55,190 Building 0 otal 39,255 Dwelling 30,759 Building obi 0 V7,320 Acres 0 Building 0 Total 37,519 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 Tax District 940001 - WATERLOO Corp rNocorp Gross Value 70,570 0 Taxable Value 39,255 0 Military Exemption 0 0 Homestead Disabled Veteran (Property Tax Relief http://www2.cablack-hawk.ia.uslwebsitelbhmap/bhRepDet.asp?apn=891336302002 Levy Rate 40.78414 0 Gross Tax $1,600.98 Net Tax $1,600.00 $0.00 !Ag [Business Pro eT1156 of 172 1!3 5/31/2017 Corp Nocor Credit $0.00 Credit $0.00 Black Hawk County Detailed Parcel Report Credit Credit Credit $0.00 $0,00 LEGAL $0.00 $0.00 WISMEZNIIEHZIZE 1KENWOOD PARK LOT 99 Basis Front Foot Totals: LAND Side 2 127 DWELLING CHARACTERISTICS Lot rea 0. .350 6350 Acres 0.146 0.146 Sin• Ie-Famil / Owner Occu • ied 1940 1 Sto Frame :56 otal Rooms Above 5 Heat otal Rooms Below otal Living Area 1241 Bedrooms Above Basement Finished Area 0 Foundation C Bik Exterior Walls 3/4 Finished Bedrooms Below No Basement Floor 0 Floorin Interior Finish Drwl Roof s.h 1 Gable Non -Base Heating Plumbing Floor/Wall Pi • eless Handfired 1 Full Bath GARAGES Year Built Style Width Length Area Basement Qtrs Over Area AC 0 A 1939 1950 Det Frame Det Frame 12 22 18 26 216 572 0 0 None None 0 0 BASEMENT STALLS None Description CONC PAT 8X20 Year Built 1940 ,Entry Status: Estimated Quantity 1 Plot No. Extended Description Quantity=160.00, Units=Square Feet, Height=0 http://www2.co.black-hawk.i a.us/website/bhmap/bhRepDeiasp?apn=891336102002 Page 107 of 272 2/3 5/31/2017 Black Hawk County Detailed Parcel Report 28 32 1B B A FR (MAIN) 24 [856] 22 1 Date Website Last Updated: 05/19/2017 01,4041.1. http:llwww2.co.black-hawk.ia. uslwebs i telbhm aplbhRepDet.asp?apn=891336102002 Page 108 of 272 3/3 Preparer Information: Chris Western, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291.4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of July 24, 2017 by and between Robert Castro Construction (the "Company") and the City of Waterloo, Iowa (the "City"). Robert Castro and executes the personal guaranty at the end of this Agreement for the purposes stated therein. 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 rehabilitate the existing building and related improvements on property located at 1606 Williston Avenue, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $10,005.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined Page 109 of 272 DEVELOPMENT AGREEMENT Page 2 below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to rehabilitate in a timely manner constitutes a material inducement for the City to convey the Property or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain a permits and construction within one (1) month and substantially complete rehabilitation no later than August 31, 2017. If Company has not, in good faith, begun the rehabilitation of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the state period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 3. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Page 110 of 272 DEVELOPMENT AGREEMENT Page 3 Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. 8. Reserved 9. Right of First Refusal. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. Page 111 of 272 DEVELOPMENT AGREEMENT Page 4 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Robert Castro Construction, INC., 1420 Jefferson Street Waterloo, Iowa 50703, Attention: Robert Castro. Page 112 of 272 DEVELOPMENT AGREEMENT Page 5 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. Page 113 of 272 DEVELOPMENT AGREEMENT Page 6 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. 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 Robert Castro Construction By: By: Quentin Hart, Mayor Robert Castro Attest: Kelley Felchle, City Clerk By: 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. Liability of guarantors hereunder is joint and several. Page 114 of 272 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Sixty Thousand Dollars ($60,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2014 by Assessor for Black Hawk County, Iowa. Notary Public Page 115 of 272 DEVELOPMENT AGREEMENT Page 2 EXHIBIT "A" Legal Description of Property: Lot 99, Kenwood Park, in the City of Waterloo, Iowa. Page 116 of 272 CITY OF WATERLOO Council Communication Request by Jason Grimm to purchase city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000. City Council Meeting: 7/24/2017 Prepared: 6/29/2017 REVIEWERS: Department Reviewer Clerk Office Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved D ate 6/29/2017 - 12:41 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000, to Jason Grimm and authorize Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Jason Grimm and authorize Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2017-499 originally approved on June 26, 2017. Submitted By: Noel Anderson, Community Planning & Development Director Approve Resolution. Resolution No. 2017-498 needs to be rescinded and a new resolution passed as the name of the street for the public hearing was stated incorrectly on the agenda as "property adjacent to 157 Washington Street", as opposed to 157 University Avenue, as published and posted in the public hearing notice and resolution setting the public hearing date. Upon further review it has also been noted that the legal description as provided, does not match that of the County Recorder and will also be corrected by this resolution. Page 117 of 272 CITY OF WATERLOO Council Communication Request by P and H, LLC to vacate, sell and convey a portion of East San Marnan Drive right-of-way, adjacent to 121-129 East Tower Park Drive. City Council Meeting: 7/24/2017 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 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No comments on file. Motion to close the hearing and receive and file oral and written comments. Motion to receive, file, consider and pass for the first time an ordinance approving a request to vacate a portion of East San Marnan Drive right-of- way located adjacent to 121-129 East Tower Park Drive. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution authorizing sale and conveyance of a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive, to P and H, LLC, in the amount of $1.00, and authorize Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as July 24, 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 Page 118 of 272 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: 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. 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. Page 119 of 272 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 120 of 272 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 121 of 272 City of Waterloo Planning, Programming and Zoning Commission May 3, 2016 _Elmmom' mom ■ Non 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 I•.r rKwA EMrimpit,„ Lot I Milli ,11WO % �a .411.411 lap 4447 ■ R -2.0-Z R -4,R -P 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 ■ II: NN R-4 Mir M-1 121-129 East Tower Park Drive Vacate Portion of Right -of -Way P and H, LLC Page 122 of 272 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 123 of 272 — ��� �-��� Alr. m t„n-- �ti��/ ,.J 100 50 0 100 ( _i o `o Feel Page 124 of 272 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 011 16'36" E 223.53' --- • • 0 -o 'o z z Eli 0 z 0 Page 125 of 272 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 126 of 272 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 127 of 272 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 128 of 272 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 129 of 272 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 130 of 272 We are looking forward to working with you on this project. Sincerely, Wendell Lupkes, L.S. Cedar Falls Office Manager Page 131 of 272 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 132 of 272 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 133 of 272 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 134 of 272 CITY OF WATERLOO Council Communication Resolution approving submission of grant application for a FY 2017 Historic Preservation Fund - Underrepresented Communities Grant from the National Park Service, in the amount of $50,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents. City Council Meeting: 7/24/2017 Prepared: 7/17/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 7/19/2017 - 10:40 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 12:47 PM ATTACHMENTS: Description Type D Triangle District Cover Memo SUBJECT: Resolution approving submission of grant application for a FY 2017 Historic Preservation Fund - Underrepresented Communities Grant from the National Park Service, in the amount of $50,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Resolution authorizing the submittal of the grant application. The Waterloo Historic Preservation Commission would like to submit a grant application to fund a survey of the Triangle Area of Waterloo. Summary Statement: The city of Waterloo has a unique African American Civil Rights history and its critical to document and preserve this history and make it accessible to the public and future researchers. Expenditure Required: None Policy Issue: Economic Development/Historic Preservation Alternative: NA Background Information: N/A Legal Descriptions: N/A Page 135 of 272 w z w O E. -PARKER ST O MOSLEY ST - CHARLES ST HAWVER CT OLIVER ST 0 z CONGER ST 1 i Lu O CHESTNUT ST 1 63 w g 2 EEr DANE ST 41 -7 Q J-STOKES •-D,Q�� CC CO GABLE ST RICKER ST W 0 fierilkLL ST QUIJINS1 Mil! WEBSTERST 1_ 1 d (17)-d - ' )) ADAMS S M J� '11 • I tllllll COT, GEST ■' k II IMAI 11 =O SUMNERIC SAXON S T- 1_ o Q ARGYLE ST U (I ALMOND ST PINE ST Legend Age of Buildings Year Built 1869 - 1900 1901 - 1920 1921 - 1941 1942 - 1967 1968 - 2016 1 I(I 1.1 0 0IU F■r lir 111 11 IIto \ 0��1t�, zJEIDAI ST 11 ISI E5,1111Eimi 111T1 , �. � ON LIME ST b �� 1 l'16(1-1. m ll`QiC Q� �� C U z w= �� �mL I I,I I I I I IJ tQ \,4 i'SIIILLIAMAVE LI= LI Ns-- `ERRIMAN STT- ---VINE ST -1 ■ ��LLOII I ■ ALBANY ST S 1. DOUGLAS STow. ■ L Citti of Waterloo, Iowa Triangle Area ui it Age of B ld Zgs 10100 100 ®Feet Note s ssumed osnerepresentasmey,no��neae ato�theaeaayof�ebambe��nea�bheren either ex pressed or impli ed by Black Hawk County ,the Black Hawk County Assesson ora a empl pees. Base map da a source is Black Hawk CountyTaa. The Cary of Waterloo makes no wananry, express or implh s ma fil the aceuary d sce information shown on eUsessshou dace oabmry mime �y /_.I'•�I 4 u— lie 1Tyf � .+0 N W E eo uarythereof. Users shoultl refer til official plats, surveys, eco ded deeds, etc. lova ed at[he Black Hawk County Assessors Offs ce for complete °baee°ra`e'°orma"°° _ �ee ,o ��� Paae 136 of7 CITY OF WATERLOO Council Communication Resolution approving extension of a moratorium for a period of three (3) months, ending on October 31, 2017, on the issuance of a Special Permit or License for the establishment of any new recycling, junk, or salvage yards. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 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 7/19/2017 - 11:25 AM 7/19/2017 - 12:40 PM Resolution approving extension of a moratorium for a period of three (3) months, ending on October 31, 2017, on the issuance of a Special Permit or License for the establishment of any new recycling, junk, or salvage yards. Submitted By: Noel Anderson, Community Planning & Development Director approval In September of 2015 the City Council approved a moratorium for a period of 8 months on the issuance of a Special Permit of License for the establishment of any new recycling, junk or salvage yard to allow staff to review the regulations on such a use and to propose potential changes to either the Code of O rdinanc es and/or the Zoning Ordinance as it pertains to recycling, junk or salvage yards, including review of the Iowa Auto Recyclers program and Automotive Recyclers Association for recommended standards. In May of 2016 the moratorium was extended for 8 months, and in January of 2017 it was extended for 6 months, with an ending date set for July 31, 2017. Staff is continuing to work on a proposed amendment to the Zoning Ordinance, and is close to having an Ordinance to submit to the Planning and Zoning Commission (anticipated it will be on their September agenda) and is requesting a 3 -month extension to allow additional time to complete the proposed amendment. If extended, the moratorium would end on October 31, 2017. none n/a Zoning Don't approve the extension. Page 137 of 272 CITY OF WATERLOO Council Communication Resolution Approving acceptance of U.S. Department of Transportation and Federal Aviation Administration Grant No. 3-19-0094-045-2017 in the amount of $2,655,686 for the Pavement Reconstruction of Taxiway Charlie, Pavement Joint Seal Repair and Crack -Seal Maintenance on Runway 12/30, and Airfield Painting Improvements projects at the Waterloo Regional Airport, and authorize the Mayor, City Attorney, and Airport Director to execute said documents. City Council Meeting: 7/24/2017 Prepared: 7/14/2017 REVIEWERS: Department Airport Clerk Office ATTACHMENTS: Description FAA Grant Document, Airport Certifications and Sponsor Assurances D FAA Concurrence of Award City of Waterloo dba Waterloo Regional Airport Financing Plan ❑ Aerial Photograph of Runway 12/30. Reviewer Kaspari, Keith Even, LeAnn D SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo D ate 7/18/2017 - 9:31 AM 7/19/2017 - 9:49 AM Resolution Approving acceptance of U.S. Department of Transportation and Federal Aviation Administration Grant No. 3-19-0094-045-2017 in the amount of $2,655,686 for the Pavement Reconstruction of Taxiway Charlie, Pavement Joint Seal Repair and Crack -Seal Maintenance on Runway 12/30, and Airfield Painting Improvements projects at the Waterloo Regional Airport, and authorize the Mayor, City Attorney, and Airport Director to execute said documents. Submitted By: Keith Kaspari, Airport Director Approve the formal acceptance of the USDOT/FAA grant document as requested by Airport Staff. This project includes the completion of the following areas on the airfield at Waterloo Regional Airport: 1. Full reconstruction with concrete pavement, replacing taxiway edge lighting and signage; 2. Repair of the Pavement Joint on Runway 12/30 at the intersection of Taxiway Bravo -1 (this joint has now failed), with this joint heaving above grade; Page 138 of 272 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: 3. Misc. / General Crack -Seal Maintenance on Runway 12/30; and, 4. Repainting and Remarking of: Runway 12/30, Runway 18/36, Adjacent Taxiways, Ramps and Aircraft Parking Aprons. The grant document is $2,655,686.00, and is the 90% part of the overall cost of the project. The City of Waterloo, is responsible for the final 10%, or $325,660.00, for an overall project total of: $3,181,993.00. The FAA Funds will be derived from the Airport Improvement program, with the City of Waterloo using multiple fiscal years funds from FY -2015- 2016-2017 and 2018. For the City of Waterloo, please see the attached financial plan. This project complies with the City of Waterloo's Strategic Plan, for the following: Goal No: 2 (Overall) Goal No: 3 and Strategy No: 3.3, 3.4 and 3.5. Goal No: 4 and Strategy No: 4.1 and 4.5. No project alternatives were selected. This project was bid last year, but the airport did not have sufficient funds to complete the project as -bid. Staff with our engineering consultant, AECOM, rescoped the project to include the taxiway on both the north & south sides of Runway 12/30, so as to minimize the downtown time of the runway when more complex work is performed to Runway 12/30 in future years. Not Applicable for this request by Staff. Page 139 of 272 U.S. Department of Transportation Federal Aviation Administration ORIGINAL GRANT AGREEMENT PART I —OFFER 3-19-0094-045-2017 Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Waterloo, Iowa JUL 1 2 2017 Waterloo Regional 349-0094-045-2017 826186959 (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 30, 2017, for a grant of Federal funds for a project at or associated with the Waterloo Regional Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Waterloo Regional Airport (herein called the "Project") consisting of the following: Rehabilitate Runway 12/30 (Crack Seal and Remark from Runway 12 Threshold to Taxiway C and within Runway 6/24 Safety Area, and Perform Full -depth Repair of 60 feet by 150 feet near Taxiway B); Reconstruct Taxiway C; and Remark Runway 18/36, Taxiways A, B, and B1, and Terminal Apron which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay Ninety (90%) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. 1 Page 140 of 272 3-19-0094-045-2017 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $2,655,686.00. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $2,655,686.00 for airport development or noise program implementation; and, $0 for land acquisition. 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs - Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 11, 2017, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor 2 Page 141 of 272 3-19-0094-045-2017 must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the 3 Page 142 of 272 3-19-0094-045-2017 United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 17. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 21. AIP Funded Work Included in a PFC Application. 4 Page 143 of 272 3-19-0094-045-2017 Within 90 clays of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award. The airport sponsor may not make any expenditure under this award until project work addressed under this award is removed from an approved PFC application by amendment. 22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated December 11, 2013, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 23. Employee Protection from Reprisal. A. Prohibition of Reprisals - 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint —A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (O1G) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 24. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards. 25. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Grant Assurance Pavement Preventive Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. The Sponsor further agrees that the program will: 5 Page 144 of 272 3-19-0094-045-2017 A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airpor-t pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. Location of all runways, taxiways, and aprons; b. Dimensions; c. Type of pavement; and, d. Year of construction or most recent major rehabilitation. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years. b. Drive -By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is: a. Inspection date; b. Location; c. Distress types; and d. Maintenance scheduled or performed. 4. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 26. Project Which Contains Paving Work in Excess of $500,000. The Sponsor agrees to: A. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; 6 Page 145 of 272 3-19-0094-045-2017 3. Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077); 4. Qualifications of engineering supervision and construction inspection personnel; 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. 8. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -tolerance material. Submit interim test and quality assurance reports when requested by the FAA. C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 27. Protection of Runway Protection Zone - Airport Property. The Sponsor agrees to prevent the erection or creation of any structure, place of public assembly, or other use in the runway protection zone, as depicted on the Exhibit "A": Property Map, except for NAVAIDS that are fixed by their functional purposes or any other structure permitted by the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the FAA. 28. Protection of Runway Protection Zone - Easement. The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 29. Plans and Specifications Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that: A. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; B. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and, C. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP. 7 Page 146 of 272 3-19-0094-045-2017 30. Non-AIP Work in Application. The Sponsor understands and agrees that: A. The Project Application includes the planning and/or construction of pavement marking on taxiways associated with Runway 6/24 that is not being funded with any Federal funding in this project; B. Although the Sponsor has estimated a total project cost of $3,181,992.54, the total allowable cost for purposes of determining federal participation equals $3,173,702.39; C. It must maintain separate accounting of cost records for the AIP and non-AIP work; D. All pertinent records supporting project costs must be made available for inspection and audit by the FAA when requested; and, E. All non-AIP work is the sole responsibility of the Sponsor. 8 Page 147 of 272 3-19-0094-045-2017 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATI,O,iI ADMINISTRATION Acting Signq€ure) Jim A. Johnson (Typed Name) Director, Central Region Airports Division (Title of FAA Official) 9 Page 148 of 272 3-19-0094-045-2017 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Executed this day of By: City of Waterloo, Iowa (Name of Sponsor) (Signature of Sponsor's Authorized Officio!) (Typed Name of Sponsor's Authorized Official) (Title of Sponsor's Authorized Official CERTIFICATE OF SPONSOR'S ATTORNEY 1, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Iowa . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at (location) this day of By: (Signature of Sponsor's Attorney) 'Knowingly and willfully providing fake information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 10 Page 149 of 272 OMB Number: 4040-0004 Expiration Date: 1D/31/2019 Application for Federal Assistance SF•424 1. Type of Submission: [] Preapplication ExApplicaton Changed/Corrected Application * 3. Date Received: *2. Type IM New EContinuation ❑ Revision 4, Applicant of Application: * If Revision, select appropriate letter(s): ` Other (Specify): 1 identifier. 3-L9-0096--095 5e. Federal Entity Identifier: 56. Federal Award Identifier, [3._19--0094-0.45 State Use Only: 6. Date Received by 7. State Application Identifier: State: I 8, APPLICANT INFORMATION: *a. Legal Name: ' b. EmpioyeriTaxpayer City of Waterloo, Iowa Identification Number (EIN/TIN), [' c. Organizational DUNS: 42-500533; 8261659. 0006 d. Address: ' Street1: Street2: *City: County/Parish: " State'. Province: * Country', *Zip / Postal Code: 2790 Livingston Lane Ca Lerloo L IA: .Iowa. J OSA: UN :TSD STATES e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters ievoaving this application: Prefix: Middle Name: * Last Name: Suffix: tyX ' First Name: keith Kaspa?'i Tule', Director of Aviation Organizational Affiliation: Telephone Number: 318-281-4483 1 Fax Number: 319-291-4250 `Email: kei.t.h.kasperiGener_Loo-i.e.orn Page 150 of 272 1 Application for Federal Assistance SF -424 *9. Type of Applicant 1: Select Applicant Type: C: City or Township Goverment Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20,106 CFDA Title: ` 12. Funding Opportunity Number: 3-19-0099-095 * Title: FY 2017 Airport Improvement Program 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Waterloo, Black Hawk County, IowaAdd Attachment :.: L eietc;F�ttorhl'rerit view Attach ent * 15. Descriptive Title of Applicant's Project: Reconstruction of Taxiway "C", Rehabilitation of Runway 12/30, Crack Sealing of Runway 12/30 and Airfield Pavement Marking Attach supporting documents as specified in agency instructions. .'..Add. Attachments :Drlr"fe Attachmentsv,cw Attacplin refs:.: Page 151 of 272 Application t'or Federa] Assistance SF -4124 16. Congressional Districts Of: a. Applicant 1st *b. Program/Project 1s t Attach an additional list of Program/Project Congressional Districts if needed, Add Attachrnent -, r,t0::.I (.Tri _ievv . .:1(ir ieni 17. Proposed Project: * a. Start Date. 07 /15/2011 " b. End Date: 07/01/2011 13. Estimated Funding (5); ' a. Federal "b. Applicant c. State " d. Local e. Other " f Program Income -g.TOTAL 2, 656, 333.00 3::25, 660.00 .. 3,1.81,993.00 " 19, Is Appiication .Subject a, This application b. Program is subject to Review By State Under Executive Order 12372 Process? Was made available to the State under the Executive Order 12372 Process for review on to E.O. 12372 but has not been selected by the State for review. covered by E.O. 12372. j c. Program is not *20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes," provide explanation in attachment.) 0Yes ®No If "Yes", provide explanation and attach 1 [ /000 Atitilulifinint i r ` -Qt;x t i n"a'View ::1.3c niticif 21. `'Sy signing this application, I certify (1) to the statements contained in the list of certifications " and (2) that the statements herein are true, complete and accurate to the best of my knowledge. t also provide the required assurances"* and agree to comply with any resulting terms if I accept an award. 1 am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) N "1 AGREE `" The list of certifications and assurances, or an internet. site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: ttr. `First Name: Keith Middle Name: 0. ".Last Name: KaspxL-i Suffix: Title: Director of Aviation I `Telephone Number: 319-291-4463 1 Fax Number, 319-291-4250 "Emall: ke.ith.haspari@waterloo-in,org " Signature of Authorized Representative: ` w *Sate Signed' ,;;h Page 152 of 272 tU.S. Department of Transportation ie Pederai Aviation Administration OMB CONTROL. NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 Application for Federal Assistance (Developrnerit and Equipment Projects} PART Il - PROJECT APPROVAL INFORMATION Part II -SECTION A The term "Sponsor' refers to the applicant name provided in box 8 of the associated SF -424 form. Item 1. Does Sponsor maintain an active registration in the System for Award Management es ❑ No (www,SAM.gov)? Item 2. Can Sponsor commence the work identified in the application in the fiscal year the Yes ❑ No El N/A grant is made or within six months after the grant is made, whichever is later? Item 3, Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes X No C N/A provide attachment to this form that lists the everts. item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes 4 No ❑ N/A mitigating measures to this application and identify the name and date of the environmental document(s), Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please 2 Yes E No E N/A identify other funding sources by checking all applicable boxes. Q The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? ) ; Yes El No ❑ The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the requested Federal assistance include Sponsor indirect costs as described in Yes>C No ❑ Nlli 2 CFR Appendix VII to Pan 200, States and Local Government and 'sndian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply: • De Minimis rate of 10% es permitted by2 CFR § 200.414. j] Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII). Note; Rorer to the instructions for limitations of application associated with claiming Sponsorirrdirect costs. FAA Forrn 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 1 of 7 Page 153 of 272 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE 8/31/2019 PART 11 - SECTION 6 Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF -424, to which this form is attached, The term "Sponsor' refers to the applicant name provided in box 8 of the associated SF -424 form. The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 311 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 2 of 7 Page 154 of 272 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: $13112019 PART H — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Waterloo Airport Board has acquired easements or by fee title all property within the exiting runway protection zones The City of Waterloo has passed a tall structure zoning ordinance and land use zoing ordinances to protect and control the aerial approaches and the adjacent property use at the Waterloo Regional Airport. 2. defaults — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None. 3. Possible Disabilities — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: None. 4. Consistency with Local Plans -- The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport, Yes. 5. Consideration of Local Interest — ft has given fair consideration to the interest of communities in or near where the project may be located. Yes. 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§47105(a)(2)). Yes. 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. N/A 8. Air and Water Quality Standards — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards, In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. N/A FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 3 of 7 Page 155 of 272 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART 11— SECTION C (Continued) 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None 10. Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A', ft] Work on this project will be completed within Airport Owned Parcel Numbers 1, 3, 5, 9,10, hand 13. Airport Property Map and Title Opinion were submitted and approved under the Airport Master Plan 3-19-0094-033 (Approved December 2013). The Exhibit A Property Map dated December 11, 2013 is incorporated herein by reference. The Sponsor further certifies that the above is based on a title examination by a qualified attornery or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, ail of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A", [1] None State the character of property interest in each area and list and identify for each ail exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Forrn 5100-100 (3/16) SUPE=RSEDES PREVIOUS EDITION Page 4 of 7 Page 156 of 272 OMB CONTROL NUMBER: 2120-0569 OMB EXPfRATION DATE: 8/31/2019 PART !II - BUDGET INFORMATION ® CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog Number: 20.108 2. Functional or Other Breakout: SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Latest Approved Amount (Use only for revisions) Adjustment + or (-) At Amount (Use only for revisions) Total Amount Rewired 1. Administration expense $ 5,000 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 218,300 5, Other Architectural engineering fees 6. Project inspection fees 254,000 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and Businesses 10, Demolition and removal 11. Construction and project improvement 2,704,693 12. Equipment 13, Miscellaneous 14. Subtotal (Lines 1 through 13) $ 3,181,993 15, Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions (Section C, line 23 g.) 8,290 18. Subtotal (Lines 16 through 17) $ 3,173,703 19. Federal Share requested of Line 18 2,856,333 20. Grantee share 325,660 21, Oilier shares 22. TOTAL PROJECT (Lines 19, 20 & 21) $ 3.181,993 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 5 of 7 Page 157 of 272 I'1 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 SECTION C — EXCLUSIONS 24. Grantee Share— Fund Categories 23. Classification (Description of non -participating work) a. Securities Amount Ineligible for participation a. Pavement Marking Removal - Taxiway A Leading to Runway 6/24 $ 2,700 b. Pavement Marking Taxiway A Leading to Runway 6/24 d. Bonds 5,466 c. Pavement Marking (Reflective Beads) Taxiway A Leading to Runway 6124 124 d. g. Other (Explain): 317,370 e. $ 325,660 25. Other Shares f. a. State 9• Total $ 8,290 SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share— Fund Categories Amount a. Securities b. Mortgages c, Appropriations (by Applicant) 8,290 d. Bonds e. Tax Levies f. Non -Cash g. Other (Explain): 317,370 h. TOTAL - Grantee share $ 325,660 25. Other Shares Amount a. State b. Other c. TOTAL - Other Shares 26. TOTAL NON-FEDERAL FINANCING SECTION E — REMARKS (Attach sheets if additional space is required) Grantee Share (Other) to be funded by PFC Program. FAA ineligible items will be funded by appropriations by the city of Waterloo, these }nclude pavement marking and pavement marking removal associated with Taxiway A leading to Runway 6/24, FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 6 of 7 Page 158 of 272 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE'. 6/31/2019 PART IV — PROGRAM NARRATIVE (Suggested Format) PROJECT: Reconstruction of Taxiway C, Rehabilitation of Runway 12/30, and Airfield Pavement Marking AIRPORT: Waterloo Regional Airport (ALO) 1. Objective: The objective of this project is to reconstruct Taxiway C because of it's age and condition. The rehabilitation of Runway 12/30 includes routing and sealing of joints and cracks on Runway 12/30 between Taxiway C and the west end of Runway 12/30 and remarking of Runway 18/26, airfield taxiways and the terminal apron at the Waterloo Regional Airport 2. Benefits Anticipated: Extend the life of the existing pavements in order to keep the airfield open to aircraft traffic and increase visibility of pavement markings helping enhance safety of the airfield for users. 3. Approach: (See approved Scope of Work in Final Application) The project has been competitively bid and the lowest responsive responsible bidders will be considered for execution of a contract for construction. The work is anticipated to be begin during the summer 2017 construction season and completed within the 2018 spring construction season. 4. Geographic Location: The proejet is located within the property limits of the Waterloo Regional Airport located in Waterloo, Mack Hawk County, Iowa. 5, If Applicable, Provide Additional Information: The funding for the project will come from Airport Improvement Funds and Passenger Facility Charges 6. Sponsor's Representative: (include address & telephone number) Mr. Keith D. Kaspari, Director of Aviation, 2790 Livingston Lane, Waterloo, Iowa 50703 (319) 291-4483 Mr. David B. Hughes, P.E-, AECOM, 500 SW 7th Street, Suite 301, Des Moines, €owa 50309 (515) 323-7919 FM Form 5100-100 (3116) SUPERSEDES PREVIOUS EDITION Page 7 of 7 Page 159 of 272 U.S. Department of Transportation OMB CONTROL NUMBER: 212.0-0569 Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, Iowa Airport: Waterloo Regional Airport Project Number: 3-19-0094-0045 Description of Work: Rehabilitation of Taxiway Charlie, Rehabilitation of Runway 12/30 (Joint Repair and Crack -Seal), and Remark Runways 12130, 18/36 and Adjacent Taxiways and Aircraft Parking Aprons. Application 49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport improvement Program. General standards for final acceptance and close out of federally funded construction projects are in 2 CFR § 200.343 Closeout and supplemented by FAA Order 5100.38. The spansor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes' represents spansor acknowledgment and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards, The source of the requirement is referenced within parenthesis, 1. The personnel engaged in project administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). N Yes 7 No [1 N/A 2. Construction records, including daily logs, were or wit be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards (Advisory Circular (AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100.38.); and c. Construction safety and phasing plan measures (AC 150/5370-2). P1 Yes [1 No N/A 3. All acceptance tests specified in the project specifications were or will be performed and documented. (AC 150/5370-12). C Yes fl No N/A FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 1 at 3 Page 160 of 272 4. Sponsor has taken or wilt lake appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12), Yes L No —1 N/A X 5.. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 15015370-10). ® Yes ❑ No L NIA 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences: a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26), Yes C No ❑ N/A 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5), ® Yes —1 No F N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200,302 and FAA Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55). Yes ❑ No Im N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correctpunch listitems identified duringfinal inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); Yes 1 I No I N/A 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100.38). Yes ❑ No ❑ N/A FAA Form 5100-1.29 (1/17) SUPERSEDES PREVIOUS EDITION page 2 of 3 Page 161 of 272 11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR § 41.120. El Yes No 1 NIA 12. For development projects, sponsor has taken or will take the following close-out actions: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and c. Prepare and retain as -built plans (Order 5100.38). Yes L No U NIA 13. Sponsor has revisedorwill revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FM no later than 90 days from the period of performance end date. (49 USC § 47107 and Order 5100.38). Yes C No J NIA X Attach documentation clarifying any above item marked with "Nd' response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed an this 30th day of June, 2017 Name of Sponsor City of Waterloo, Iowa dba Waterloo Regional Airport Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Airpo Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true ad correct, I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-129 (1117) SUPERSEDES PREVIOUS EDITION page 3 of 3 Page 162 of 272 *lb U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0559 EXPIRATION DATE: 8/31/2019 Drug -Free Workplace Airport Improvement Prograrn Sponsor Certlflcatron Sponsor: Airport: Project Number: Description of Work: Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will. he, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIF project grant agreement contains specific assurances an the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve 'the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis: 1. A statement has been or wit be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205), jSj Yes D No ❑ NIA 2. An ongoing drug-free awareness program (2 CFR § 182,215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Lk] Yes D No © NIA FAA Form 5100-130.(1117) SUPERSEDES PREVIOUS EDITION Page 1 of 3 Page 163 of 272 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). ID Yes ❑ No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ®Yes No ❑N/A 5. The Federal Aviation Administration (FM) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ® Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ®Yes ❑No ❑N/A 7. A good faith effort will be made, ori a continuous basis, to maintain a drug-free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). F.:‹ Yes El No ❑N/A Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Waterloo Regional Airport, Waterloo, laws Address: 2790 Livingston Lane, Waterloo, Iowa 50703 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (1717) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Page 164 of 272 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 30th day of June, 2017 Name of Sponsor: City of Waterloo, Iowa, dba Waterloo Regional Airport Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Airport Director Signature of Sponsor's Authorized Official: ,f I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Page 165 of 272 fU.S. Department of Transportation all Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATfON DATE: 813112019 Equipment and Construction Contracts Airport Improvement Sponsor Certification Sponsor: The City of Waterloo, Iowa Airport: Waterloo Regional Airport Project Number: 3-19-0094-0045 Description of Work: 1 • Rehabilitation of Taxiway Charlie 2. Rehabilitation of Runway 12/30 (Joint Repair and Crack -Seal); and, Remarking of Runways 12/30, 18/36, Adjacent Taxiways, Aprons and Aircraft. Parking Aprons. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General procurement standards for equipment and construction contracts within Federal grant programs are described in 2 GER §§ 200.317-200.326. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.dotgov) AIP Grant Assurance CA—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use stale and focal procedures provided the procurement conforms to these federal standards. This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a "covered contract" under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prier to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR § 200.318) II Yes D No D NIA FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 4 Page 166 of 272 2. For all contracts, qualified and competent personnel are cr will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). Yes ❑ No ® N/A 3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. ®Yes No ❑N/A 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named. DBEs (49 CFR § 26.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (Le. payments) to original commitments (49 CFR § 26.37(c)). 11 Yes ❑ No ❑ N/A 5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was or will be: a, Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors; b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder, ®Yes El No LI NM 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. ®Yes ❑ No ❑ NIA 7. For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix 11). J Yes ❑ No ❑ N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 4 Page 167 of 272 8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to contract award under any of the following circumstances (Order 5100.380): a. Only one qualified person/firm submits a responsive bid; b. Award is to be made to other than the lowest responsible bidder; and c. Life cycle costing is a factor in selecting the lowest responsive bidder, Yes ❑No ❑N/A 9. All construction and equipment installation contracts contain or will contain provisions for: a. Access to Records (§ 200.336) b. Buy American Preferences (Title 49 U.S.C. § 50101) c. Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60) d. Federal Fair Labor Standards (29 U.S.C. § 201, et seq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety — building construction (49 CFR part 41) g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II) h. U.S, Trade Restriction (49 CFR part 30) i. Veterans Preference (49 USC § 47112(c)) §l Yes El No ❑NIA 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by: a. Davis -Bacon and Related Acts (29 CFR part 5) b, Copeland "Anti -Kickback" Act (29 CFR parts 3 and 5) ® Yes ❑ No ❑ N/A 11, All construction and equipment installation contracts exceeding 53,000 contain or will contain a contract provision that discourages distracted driving (6,0. 13513). El Yes ❑ No ❑ N/A 12. All contracts exceeding 510,000 contain or will contain the following provisions as applicable: a. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation - Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1.8; c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200.322 and 40 CFR part 247; and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix II). El Yes ❑ No ❑ N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 4 Page 168 of 272 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 160 and 1200). Yes ❑ No f N/A 14. Contracts exceeding the simplified acquisition threshold (currently $150,000) include or will include provisions, as applicable, that address the following: a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200.325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions an Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix II); and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC 1251- 1387, and Executive Order 11738. l Yes ©No © NIA Attach documentation clarifying any above item marked with "No' response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no' is correct and complete. Executed on this 30th day of June , 2017 Name of Sponsor: City of Waterloo, Iowa Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Alrport Director Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct, i understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 4 of 4 Page 169 of 272 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 k Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Project Plans and. Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, Iowa Airport: Waterloo Regional Airport Project Number: 3-19-0094-0045 Description of Work: 1. Rehabilitation of Taxiway Charlie; 2. Rehabilitation of Runway 12)30 (Joint Repair, Crack -Seal, Remark Runways 12/30, 18/36, Adjacent Taxiways, and Aircraft Parking Aprons / Ramps Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the. Airport improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.doLgcvf). AIP Grant Assurance C.1 ----General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 IJSC § 47105). LI Yes ❑ No ❑ N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200,319). ® Yes ❑ No <] N!A FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 Page 170 of 272 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107), Ci Yes ❑ No ❑ NIA 4. Development and features.ihat are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). a Yes DNo ❑NIA 5. The specificationdoes not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). ID Yes ❑ No ❑ NIA 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR. §200.319(b) and FAA Order 5100.38, Table U-5). ❑x Yes ❑ No ❑ NIA 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). ® Yes ❑ No ❑ NIA 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). ® Yes ❑ No ❑ NIA 9. Concurrence was or will be obtained from the FAA If Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). in Yes ❑ No ❑ NIA 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). El Yes ❑ No ❑ NIA 11. The design of all buildings comply or wlll comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) ❑ Yes 0 No ® NIA 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. In Yes ❑ No ❑ N/A FAA Form 5100-132 (1117) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Page 171 of 272 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑ Yes ❑ No I NIA c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes LI No ® N/A 13. For construction activities within or near aircraft operational areas(AaA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. Compliancewith CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). EI Yes ❑ No ❑ NIA 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100,38d, par. 3-100). ® Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 30th day of June , 2017 . Name of Sponsor: City of Waterloo, lowa Name of Sponsor's Authorized Official Keith Kasparl Title of Sponsor's Authorized Official: Airport Director Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct- I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Page 172 of 272 ON U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 813//2019 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, Iowa Airport: Waterloo Regional Airport Project Number: 3-19-0094-0045 Description of Work: 1, Rehabilitation of Taxiway Charlie; and, 2. Rehabilitation of Runway 12)30 (Joint Repair, Crack -Seal and Remarking of Runways 12/30, 18)36, and Adjacent Taxiways, Aircraft Parking Aprons and Ramp Areas. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.325, Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR §.200.318(k)). Yes ❑ No ❑ NIA 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.310), ❑ lies ❑ No ❑ N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts spec:ficatons, requirements, or statements of work associated with the development of a request -for - qualifications (Pro) from competing for the advertised services (2 CFR § 200.319). [] Yes ❑ No ❑ NIA FAA Form 5100-134 (2)17) SUPERSEDES PREVIOUS EDITION , Page 1 of 3 Page 173 of 272 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ®Yes 0 N ❑N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). ® Yes ❑ No ❑ NIA 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price riot being a selection factor (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ NIA 7. Sponsor has verified or wit verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). (� Yes ❑ No ❑ N/A 8. AIE services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 15015100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14), ®Yes 0 N ❑NIA. 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). ® Yes ❑ No 0 NIA 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). ® Yes ❑ No ❑ NIA 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200 3180)). DYes ❑ No ❑ NIA 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix H) Yes 0 N ❑N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Page 174 of 272 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has estab]is.hed or will establish: a. Justification that there is no other suitable contract method far the services (2 CFR §200.318( )); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)). ® Yes © No ❑ NIA 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)), p Yes ❑ No EI N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. i declare under penalty of perjury that the foregoing is true and correct, I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 30th day of June , 2017 Name of Sponsor: City of Waterloo, Iowa Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Airport Director Signate re of Sponsor's Authorized Official: declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements} and could subject me to fines, imprisonment, or both, FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Page 175 of 272 fU.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 *iv Federal Aviation Administration EXPIRATION DATE: B/31/2019 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, Iowa Airport: Waterloo Regional Airport Project Number: 3-19-0094-0045 Description of Work: 1. Rehabilitation of Taxiway Charlie; and, 2. Rehabilitation of Runway 12130, (Joint Repair, Crack -Seal and Remarking of Runways 12130, 18/36, and Adjacent Taxiways and Aircraft Parking Aprons and Ramps). Application Title 2 CFR § 200.1112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200,318(c)), To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. EiYes 0 N FAA Form 5103-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2 Page 176 of 272 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). ® Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). ® Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 30th day of June , 2017 Name of Sponsor: City of Waterloo, Iowa Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Airport Director Signature of Sponsors Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 2 Page 177 of 272 ASSURANCES AIRPORT SPONSORS A. General. a. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: 1 P'13B'of 272 FEDERAL LEGISLATION a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.12 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title Vlof the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.l s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity' b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 —Flood Plain Management 2 PaNdl Mof 272 d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 - Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part180 - OMBGuidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations].4,s'6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the CMI Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 I. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21— Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 0. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24— Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.12 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 q. 3 PaUb`ht6454of 272 s. 49 CFR Part 28 —Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 —Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 —Transportation Services for individuals with Disabilities (ADA). w. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. a On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: 4 Paift11 iaof 272 It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. lt, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. 5 Pageol 824of 272 d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 8. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or Targe hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy 6 Pawl l4of 272 of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved afterianuary 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 7 PaaeM 84 of 272 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be 8 Pargedil Sof 272 required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, 9 Pagedlhof 272 provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. a.) Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. b.) Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. c.) Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. d.) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. e.) In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. f.) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. g.) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental 10 Page-cit8F of 272 and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. a.) As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a 11 PV6h1 of 272 manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. b.) Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. by gross weights of such aircraft) is in excess of five million pounds Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at 12 PaO6c1,894of 272 Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secreta ry. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing: 1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. a.) If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. it will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the 13 PaVehl19l of 272 sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The )Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a.) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and 14 P4tLchl944of 272 b.) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was 15 P4"1 g24 of 272 notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated January 24, 2017 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart 0 and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under49 CFR Parts 23 and 26 to ensure 16 PageM gf340f 272 nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. if the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 17 Paidec"l9 4of 272 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 1/24/2017 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory circularsand http://www.faa.gov/regulations policies/advisory circulars/ 70/7460-1L Change 1 Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1- 2 Airport Master Plans 150/5070-7 Change 1 The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports 150/5200-28F Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30D Airport Field Condition Assessments and Winter Operations Safety 150/5200-31C Changes 1-2 Airport Emergency Plan 150/5210-5 D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 18 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 1/24/2017 Page 195 of 272 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (SMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Changes 1-2 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5D Airport Drainage Design 150/5320-6F Airport Pavement Design and Evaluation 19 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 1/24/2017 Page 196 of 272 150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5235-4B Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-1L Standards for Airport Markings 150/5340-50 Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30H Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7 F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-260 FAA Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-390 Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43H Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 20 FAA Advisory Circular Required for Use AiP Funded and PFC Approved Projects Updated: 1/24/2017 Page 197 of 272 150/5345-46E Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49C Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge -Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53 D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14 Access to Airports By Individuals With Disabilities 150/5370-2F Operational Safety on Airports During Construction 150/5370-1OG Standards for Specifying Construction of Airports 150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5390-2C Heliport Design 150/5395-1A Seaplane Bases 21 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 1/24/2017 Page 198 of 272 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 01/24/2017 150/510044E Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1- 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7 B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 22 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 1/24/2017 Page 199 of 272 U.S. Department of Transportation Federal Aviation Administration June 30, 2017 Mr. Keith Kaspari Airport Director Waterloo Regional Airport 2790 Airport Boulevard Waterloo, IA 50703 Re: Central Region Iowa, Kansas, Missouri, Nebraska Waterloo Regional Airport (ALO); Waterloo, IA AIP No. 3-19-0094-045 Reconstruct Taxiway C and Remarking Airfield Pavements 901 Locust Kansas City, Missouri 64106 (816) 329-2600 Subject: Concurrence in Award Dear Mr. Kaspari: Concurrence in Award of Construction Contract We concur in the award of the following contracts for the development proposed: • Croell, Inc. of New Hampton, Iowa for $2,128,833.19 for the Reconstruct Taxiway C (Bid Package 1) project. This contract includes the awarding of only a base bid. • Aspro, Inc. of Waterloo, Iowa for $575,859.35 for the Rehabilitate Runway 12/30 and Remark Airfield Pavements (Bid Package 2). This contract amount includes the awarding of the base bid and all three bid alternates for additional joint and crack repair and pavement marking. Be advised that our concurrence represents a determination for eligibility of costs and should not be construed as a commitment of Federal funds. The official and public notification that the FAA has allocated funds for a project at your location will be the Congressional release. It is very important that all work performed prior to Congressional release is portrayed to the public as a sponsor, local, initiative. What you need to do now After award of the contracts and the Congressional release, please schedule the Preconstruction Conference. Be sure to invite, as appropriate, your local FAA System Support Center (SSC) technician(s), FAA Air Traffic Organization (ATO) representative(s) and the Federal Security Director. Provide at least 10 days advance notice of the meeting's date and an advance copy of the agenda to all attendees and my attention. Submit to my attention the Construction Observation Plan (COP) for the Reconstruct Taxiway C Project for our review at least 10 days prior to the Preconstruction Conference. A COP is not required for the Rehabilitate Runway 12/30 project. Page 200 of 272 Page 2 of 2 Concurrence In Award ALO 045 What we will do next We will authorize you to issue the Notice to Proceed (NTP) after the following documents have been submitted to my attention: • Executed Grant Agreement, • Executed Construction Contracts and Performance and Payment Bonds, • Issued for Construction Plans and Specifications, and • Preconstruction Conference Minutes. Questions If you have any questions, please contact me at (816) 329-2647 or brian.m.tompkins@faa.gov. Sincerely, Brian M. Tompkins, P.E., C.M. State Airport Engineer - Iowa cc: FAA File Page 201 of 272 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for AIP Contract 045 Expenses: Contracts: AECOM Design 130,500.00 87, 800.00 218,300.00 Prepared by MWeidner 7/12/17 AECOM CRS 254,000.00 Total Engineering 472,300.00 Airport Administration 5,000.00 Construction Croel I 2,128,833.19 Aspro 575,859.35 2,704, 692.54 Less Ineligible Items (8,290.00) Subtotal Eligible Construction 2,696,402.54 Total Eligible Expenses (Construction, Engineering & Admin) 3,173,702.54 Grant Application Amount 3,181,993.00 Difference (8,290.46) C:\Users\AIRBOSS\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DOKBCC6Z\DWS Airport AIP Contract Funding Shortfall Sheet' Page 202 of 272 Prepared by MWeidner 7/12/17 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for AIP Contract 045 Revenue: FAA Entitlement Funds: FFY14 Committed $0.00 FFY15 Committed $655,714.00 FFY16 Committed $1,000,000.00 FFY17 Committed $1,000,000.00 $2,655,714.00 FFY18 Projected $200,619.00 Passenger Facility Charges: Total Matching Funds Required Total ineligible Amount Total Local Share 3,173,702.54 8,290.00 2,856,333.00 317,370.25 8,290.00 325,660.25 PFC Cash Balance June 30, 2017 108,591.38 Projected FYE18 PFC Collections 107,000.00 Actual FYE17 106,832.86 Corporate Hangar Funds Collected in Excess of Amount Needed to repay Bonds as of June 30, 2017 40,929.82 Budgeted FYE18 Corporate Hangar Revenue 64,296.00 Less: PFC Audit fees PFC Program Administration Fees Engineering - Taxiway A West, Other Proj (2,000.00) (25,000.00) (9,000.00) Projected PFCs Available Through June 30, 2018 284,817.20 Excess (Shortfall) (40,843.05) C:\Users\AIRBOSS\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DOKBCC6Z\DWS Airport AIP Contract Funding Shortfall Sheetl Page 203 of 272 Keith Kaspari To: MICHELLE WEIDNER Cc: David.Hughes@aecom.com; doug.schindel@aecom.com; KELLEY FELCHLE; SHEILA COMBS Subject: RE: Grant 45 Funding Sheet Michelle, I understand you are out of the office this morning, not sure if all day, Working with Sheila of the Staff below is Staff's request, pending a number of budget amendments with your approval, to arrive at the estimated project shortfall of $40,843.05. Reduce the following accounts as follows: Acct: 1319 —$5,000. Other Professional Services Acct: 1351— $10,000 Advertising Expense Acct: 1387 - $2,500 Radio and Related Equipment Acct: 1538 — $5,000 Fuel For Resale Acct: 2106 — $2,500. Computer Equipment Sub -Total — $25,000 The Outstanding Balance is $15,843.05. Please deduct the above balance from the Bond Funds via the Parking Lot Replacement Equipment project. Since this was approved I believe at $230,000, this then should still provide Staff approximately $214,000 to complete the installation of new equipment. With your review of the above, please provide your approval of the above, as I would still need to make the necessary revisions to the three agenda items via the NOVUS system before Kelley and LeAnn finalizes Monday's agenda. As such, Doug, I'll reroute the two copies of the CRS agreement to your office for signature, and then hand deliver them to Nancy of Kelley's team on Monday. Thank you — Keith From: MICHELLE WEIDNER Sent: Thursday, July 13, 2017 7:44 AM To: Schindel, Doug 1 Page 204 of 272 Page 205 0'272 CITY OF WATERLOO Council Communication Resolution approving Memorandum of Understanding between INRCOG and the City of Waterloo, for grant writing services related to a REAP grant application not to exceed $200,000 to be used for Castle Bluffs Park Improvements, and authorize the Mayor to execute said document. City Council Meeting: 7/24/2017 Prepared: 7/17/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 7/17/2017 - 11:21 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 9:32 AM ATTACHMENTS: Description Type ❑ MOU document REAP Cover Memo SUBJECT: Resolution approving Memorandum of Understanding between INRCOG and the City of Waterloo, for grant writing services related to a REAP grant application not to exceed $200,000 to be used for Castle Bluffs Park Improvements, and authorize the Mayor to execute said document on behalf of the City of Waterloo, Iowa. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Approval recommended. Summary Statement: Expenditure Required: Resolution approving MOU with INRCOG for grant writing services related to a potential REAP project requesting up to $200,000 in grant funds for a project at Castle Bluffs Park. Proposed improvements would include improved access to the Trolley Car Trail, parking lot improvements, interpretive and wayfinding panels, and other related park improvements. INRCOG has no advance charge. 1.5 % of awarded REAP funding, minimum $1,000 and not to exceed $3,000 total would be payable to INRCOG upon notification from Iowa Department of Natural Resources of grant award. If funds are not awarded there will be no charge to the City. REAP has no required local match for the project. Source of Funds: Capital Improvement bond funds for Park Improvements. Policy Issue: This project for improving Castle Bluffs Park would support the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain City facilities that support quality ofplace." Page 206 of 272 Background Information: Neighbors and trail users have contacted Leisure Services Staff, Mayor and Council members to request that improved access be made available from Castle Bluffs Park in the 1000 block of Rainbow Drive to the nearby paved portion of the Trolley Car Trail. The proposed REAP grant application would be for state funding of up to $200,000. Page 207 of 272 INRCOG Iowa iii ortn anc. Regioi a1. Council 1). [;ov rl1Ti1.('iits 229 F.,. Park Ave. Waterloo, IA 50703 1 Phone 319-235-0311 Fax 319-235-2891 July 7, 2017 Paul Huting City of Waterloo 1101 Campbell Ave Waterloo, IA 50701 Dear Paul: RE: Waterloo REAP Application Enclosed is a Memorandum of Understanding (MOU) for INRCOG to prepare a: Resource Enhancement and Protection (REAP) grant application for the City of Waterloo. I have also attached the signature pages required to submit the application. The REAP program is administered by the Iowa Department of Natural Resources (DNR) and will cover 100 percent of eligible project costs up to $20.0,000. Applications are due to the Iowa DNR no later than August 15.° To that end, we ask that approval of the MOU and the grant application be placed on an upcoming City Council agenda prior to the due date. If you have questions relating to the MOU, application, or the REAP program : in general,, please feel free to contact me at your earliest convenience. Sincerely, Codie Leseman Transportation Planner II Enc. Page 208 of 272 GRANT APPLICATION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo, Iowa hereinafter referred to as City, and the Iowa Northland Regional Council of Governments hereinafter referred to as INRCOG. WHEREAS, the City wishes to engage INRCOG's grant writing services for the following project Type of Grant: Resource Enhancement and Protection (REAP) Project Description: Castle Bluff Park Improvements INRCOG will not charge the City in advance for grant preparation services; however, in the event that REAP funding is awarded to the City for this project, INRCOG will submit a grant preparation invoice in the amount of one and one-half percent (minimum $1,000.00) of the funds awarded, to be paid by the City from local funds. IN WITNESS WHEREOF, INRCOG and the City of Waterloo have executed this Memorandum of Understanding as of this day of , 2017. City of Waterloo, Iowa BY: Mayor ATTEST: Iowa Northland Regional Council of Governments BY: Executive Director ATTEST: r•' ��'-�'= Page 209 of 272 CITY OF WATERLOO Council Communication Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, not to exceed $200,000 for Improvements at Castle Bluffs Park, and authorize Mayor to execute said document. City Council Meeting: 7/24/2017 Prepared: 7/17/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 7/17/2017 - 11:49 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 9:58 AM ATTACHMENTS: Description Type ❑ REAP Application docs Cover Memo SUBJECT: Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, not to exceed $200,000 for Improvements at Castle Bluffs Park, and authorize Mayor to execute said document. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Approval recommended. Summary Statement: Expenditure Required: Staff recommend application for REAP grant funds (up to $200,000) for a project at Castle Bluffs Park. Proposed improvements would include improved access to the Trolley Car Trail, parking lot improvements, interpretive and wayfinding panels, and other related park improvements. REAP has no required local match for the project. If a REAP Grant is awarded, INRCOG would charge 1.5 % of awarded REAP funding, minimum $1,000 and not to exceed $3,000 total would be payable to INRCOG upon notification from Iowa Department of Natural Resources of grant award. If funds are not awarded there will be no charge to the City. Source of Funds: GO bonds designated for Park Improvements. Policy Issue: This project for improving Castle Bluffs Park would support the City of Waterloo Strategic Plan, Strategy 4.5 ' "Maintain City facilities that support quality ofplace." Neighbors and trail users have contacted Leisure Services Staff, Mayor and Page 210 of 272 Background Information: Council members to request that improved access be made available from Castle Bluffs Park in the 1000 block of Rainbow Drive to the nearby paved portion of the Trolley Car Trail. The proposed REAP grant application would be for state funding of up to $200,000. Page 211 of 272 CITY COUNCIL OR COUNTY CONSERVATION BOARD APPROVAL (City and County Projects Only) I, the undersigned, certify that the city council of the City of Waterloo has on the date of reviewed this proposed project and approved its submittal for Resource Enhancement and Protection (REAP) grant consideration. Signature of Mayor or County Conservation Board Chair Date COUNTY RESOURCE ENHANCEMENT COMMITTEE REVIEW/COMMENTS (Required for all grants) I, the undersigned, verify that the Black Hawk County Resource Enhancement Committee reviewed the proposed project for which this application is submitted. If the committee provided comments, a summary of those comments has been signed and dated by me and attached to this application. Signature of Chair, County Resource Enhancement Committee Date For information on County REAP Committees, visit the REAP County Committee webpage. MINORITY IMPACT STATEMENT (Required for all grants) Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa which are due beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). ❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. • Describe the positive impact expected from this project: • Indicate which group is impacted: ❑ Women ❑ Latinos ['American Indians ❑ Persons with a Disability ❑ Asians ['Alaskan Native Americans ['Blacks ❑Pacific Islanders ❑ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. • Describe the negative impact expected from this project: • Present the rationale for the existence of the proposed program or policy: • Provide evidence of consultation of representatives of the minority groups impacted: • Indicate which group is impacted: ❑ Women ❑ Latinos ❑ American Indians ❑ Persons with a Disability ❑ Asians ❑ Alaskan Native Americans ['Blacks ❑Pacific Islanders ❑ Other ® The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact: This project will be accessible to all persons regardless of age, sex, race, gender, and disability. Accordingly, no disproportionate or unique impacts on any minority persons are anticipated. I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Applicant's Signature and Date Mayor, City of Waterloo Applicant's Title DEFINITIONS "Disability" as defined in Iowa Code §15.201(12)"b"(1) means "with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability" does not include any of the following: 06/2016 cmc 3 Page 2120#02772 5. ACQUISITION SCHEDULE (Acquisition Projects Only) Code* Parcel Number on Map or Photo # of Acres Estimated Date of Acquisition Average Price Per Acre Estimated Value I of Land V Acquisition without incidentals Estimated Value of Existing Improvements to be Acquired Total Cost TOTAL Parcels & Acres TOTAL Appraisal Costs *Code: 1. Negotiated Purchase 2. Condemnation 3. Donation Survey Costs Other Incidental Costs Grant Total Land Acquisition Cost Overall Cost per Acre Including Incidental 6. SIGNATURES Upon signing in the space provided below, the applicant agrees to conform with the requirements in the following two paragraphs pertaining to ADA/Section 504 accessibility guidelines and civil rights assurance. (City and County Projects Only) ASSURANCE OF COMPLIANCE WITH AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACTS I, the undersigned, certify that the City of Waterloo has reviewed Section 504 of the Rehabilitation Act of 1975, Title 11 of the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, and the Iowa Civil Rights Act of 1965, each Act as amended, and agrees to abide by all requirements from the Acts, associated regulations, guidance documents, and to any other related requirement imposed by federal or state law or the Iowa Department of Natural Resources, related to this project. Applicant -Recipient further agrees and gives full assurance that it will immediately take any and all measures necessary to effectuate the referenced laws and shall not, on the basis of race, color, creed, national origin, age, physical or mental ability, sex, sexual orientation, gender identity, religion, or retaliation, allow any person to be excluded from participation in, be denied the benefits of, or otherwise subject to discrimination under or from any project or activity undertaken by the Applicant -Recipient for which the Applicant -Recipient receives REAP grant dollars or other assistance from the Iowa Department of Natural Resources. This assurance is binding on the Applicant -Recipient, its successors, transferees, and assignees, and the person or persons whose signature appears below are authorized to sign this assurance on behalf of the Applicant -Recipient. Mayor, City of Waterloo Applicant's Signature and Date Applicant's Title PRIVATE/PUBLIC GRANTS ONLY Applicant's Signature and Date Applicant's Title 06/2016 cmc 2 Page a1,a ofo22 2 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by GameTime c/o Cunningham Recreation of Charlotte, North Carolina, at a total cost of $43,992.41 in conjunction with the FY 2017 Highland Park Playground Project. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, P aul Approved 7/18/2017 - 11:00 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 9:29 AM SUBJECT: Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by GameTime c/o Cunningham Recreation of Charlotte, North Carolina, at a total cost of $43,992.41 in conjunction with the FY 2017 Highland Park Playground Project. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services Recommended Action: Summary Statement: Policy Issue: It is recommended that the project be accepted and that Council approve the "Statement of Completion and Final Acceptance of Work". I report that GameTime c/o Cunningham Recreation, Charlotte, North Carolina has completed the above referenced project in accordance with the plans and specifications. This project supports the City of Waterloo Strategic Plan, Strategy 4.5 ` "Maintain City facilities that support quality of place." Page 214 of 272 CITY OF WATERLOO Council Communication Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department P olice Department Clerk Office ATTACHMENTS: Description D Customer Agreement D Board Bylaws SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Policy Issue: Reviewer Trelka, Daniel Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo D ate 7/18/2017 - 1:47 PM 7/19/2017 - 10:13 AM Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Daniel J. Trelka, Chief of Police Approve resolution. The Customer Agreement has been reviewed by the City Attorney, the City Clerk, and the Chief of Police. Two attachments are included: The Customer Agreement and a draft of the Board Bylaws for the required Administrative Hearing process. None This resolution c onforms to the following of the Waterloo Strategic P lan: Strategy 2.1 (Training, staffing, and community programming) Strategy 2.2 (Safety) Strategy 3.1 (Revenue) Page 215 of 272 Customer Agreement This Customer Agreement ("Agreement") is made on [Insert Date] (the "Effective Date"), between Gatso USA, Inc., a Delaware corporation with a principal business address at 900 Cummings Center, Suite 222- T, Beverly, Massachusetts 01915 ("Gatso") and the City of Waterloo, Iowa with a principal business address at 715 Mulberry Street, Waterloo, Iowa 50703 (the "City"). WHEREAS, the City wishes to retain the technology and business services of Gatso to provide an automated red-light and speed enforcement program as further defined in Section 3.2 of this Agreement (the "Services"), as part of the City's automated traffic law enforcement program; and WHEREAS, Gatso agrees to provide the Services, including the hardware and software to provide and implement an automated red-light and speed enforcement system ("System"), pursuant to the terms of this Agreement; NOW THEREFORE, the parties mutually agree as follows: 1. AGREEMENT TERM; TERMINATION 1.1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for a period of three (3) years (the "Initial Term"). Upon expiration of the Initial Term, the Agreement will automatically renew for two (2) subsequent two (2) year terms (each a "Renewal Term" and, collectively with the Initial Term, the "Term"), unless either party provides a written notice to terminate not later than thirty (30) days prior to expiration of the then -current Initial Term or Renewal Term. Renewal Terms are subject to renewal pricing which shall be mutually agreed upon by the parties no less than sixty (60) days prior to the expiration of the then -current Initial Term or Renewal Term. 1.2. Termination By Agreement. This Agreement may be terminated at any time by the mutual written agreement of Gatso and the City. 1.3. Termination For Cause. Either party may terminate this Agreement for cause if: (a) the other party has breached its obligations under this Agreement; (b) applicable law is amended, or the Iowa Department of Transportation adopts a rule or other requirement, to prohibit or substantially restrict the operation of automated traffic law enforcement systems, including the System being provided by Gatso; or (c) any court of competent jurisdiction rules that the System, or other similar systems, violates applicable law or cannot otherwise be used to enforce notices of violation or citations issued hereunder. The terminating party must provide thirty (30) days advance written notice to the other party of its intent to terminate, which notice must include the reasons for the termination. In the case of a breach of this Agreement, the notice must provide the other party with an opportunity to cure the breach within thirty (30) days after receipt of the notice. No termination fee shall be required with respect to termination for cause under this paragraph. Notwithstanding the foregoing, in the event of termination based upon (b) or (c) above, Gatso or the City may suspend the System and all associated Services immediately upon the effective date of such amendment or ruling, as applicable. 1.4. Termination By City For Convenience. The City may terminate this Agreement at any time at its convenience by giving written notice to Gatso not less than sixty (60) days prior to the termination date. If the City terminates this Agreement for convenience at any time within the Initial Term, then the City must pay Gatso a fee in the amount of $1500 per automated enforcement unit for each month that remains in the Initial Term as of the termination date (the Page 216 of 272 "Termination Fee"). The Termination Fee must be paid within thirty (30) days after the Effective Date of Termination as defined in Section 1.5. There is no Termination Fee if the City terminates at the end of the Initial Term or during any Renewal Term. 1.5. Cessation of Activities Except Pending Violations. On the termination date (if this Agreement is terminated for convenience pursuant to Section 1.4) or on the first day after any other date of termination or expiration of this Agreement ("Effective Date of Termination"), the image capture activities provided by Gatso under this Agreement shall cease immediately. Nevertheless, unless otherwise prohibited by law, all photo -enforcement violations in process or captured prior to the Effective Date of Termination, will continue until final disposition is reached on the violations and Gatso will continue to provide Services related to the process leading to such judgment, if any. 1.6. Removal Of Hardware, Equipment; Restoration. Upon the termination of this agreement, Gatso shall promptly retrieve all automated enforcement units, as defined in Section 3.2, which retrieval shall be completed no later than forty-five (45) days after the Effective Date of Termination. 2. COMPENSATION 2.1. Amount. The City shall pay to Gatso the following fees for the System and related Services as set forth below: 2.2. A "Per Citation Fee" of $36.00 per paid citation for automated enforcement violations detected by an automated enforcement unit, commencing on the first day after the Warning Period, as defined in Section 3.5, if any, ends. 2.3. Fee Payment. 2.3.1. Gatso shall provide an itemized invoice to the City within one day of each violations fund sweep to the City. Each such invoice shall highlight the gross funds received from violation payments on behalf of the City and the violations to which such funds are attributable. Gatso shall deduct its fee per Section 2.2, and the net amount shall be transferred from the Master Account, as defined in Section 3.13, to the City. Net violation fund sweeps to the City shall be scheduled to occur on or around the 1St and the 15t' of each month. The Town shall have access to a shared accounting system to insure the information included on the invoice is correct. 2.3.2. Fees are Sole Compensation. The fees required pursuant to this Section 2 shall be Gatso's sole compensation for the Service described herein. Except as explicitly set forth herein, all costs and expenses associated with the supply, installation, commissioning, operation, maintenance, repair, replacement, and removal of the System and all related hardware and equipment shall remain the responsibility of Gatso. 3. SCOPE OF WORK 3.1. Gatso Project Manager. Gatso will designate one Gatso employee as the City's principal contact at Gatso ("Gatso Project Manager"). Page 217 of 272 3.2. The System. Gatso shall provide the City with automated photo enforcement cameras to be installed at fixed locations as designated by the City (" Fixed Red-Light and Speed Enforcement" units), Hand-Held speed enforcement units and Mobile speed enforcement units, along with Violation Packages, as defined in Section 3.9, and processing of Violation Packages, as defined in Section 3.10. Gatso shall furnish, operate, and maintain the System in accordance with Gatso's standard installation practices. Gatso shall be solely responsible for the installation, including, but not limited to, construction costs, of the Fixed Enforcement Units. 3.4 Signage. Gatso will provide and install standard Gatso signage for each highway that is not a freeway that is part of the state highway system and that enters the City informing inbound traffic that the City utilizes traffic law photo-monitoring devices to enforce traffic laws, at no cost to the City. Gatso shall also provide non -standard signage specified by the City (such as signs that include welcome messages, logos, or other features), but the City shall bear all extra costs attributable to any such non -standard features. Those extra costs shall be included in the first invoice issued by Gatso to the City. 3.5 24-Hour Operation; Warning Period. Gatso shall operate the server components of the System on a continuous, 24-hour basis, seven (7) days per week, except for reasonable scheduled and unscheduled downtime, including System maintenance and repairs as set forth in Section 3.6, and Force Majeure as set forth in Section 5.4. 3.6 System Maintenance; Repairs; Logs. Gatso shall maintain the System and shall promptly repair or replace any damaged or defective equipment at its own expense except if the damage was caused by the negligent operation of a Handheld Speed Enforcement Unit or a City owned or controlled vehicle. City police personnel will test the calibration of the Handheld Speed Enforcement Unit before each deployment. Gatso will perform annual calibration of the Fixed Location Speed Enforcement units on an annual basis, and shall provide the City with reports showing the results of the calibration testing, and confirming that the calibration is accurate. At least quarterly during the Term, City police personnel will verify calibration of the Fixed Location Speed Enforcement units using a Gatso-supplied, GPS-enabled, speed sensor box. Gatso shall perform preventative maintenance and cleaning of System components on a regularly scheduled basis, including review, cleaning and testing of camera settings and operation, communications, and other System components. Gatso will use commercially reasonable efforts to notify the City and initiate repairs to the System within forty-eight (48) hours after identification of any damage, defect, or material issues relating to calibration or accuracy of speed measurement. 3.7 System Upgrades. In the event Gatso makes upgrades to the software or related performance capabilities of the System generally available to its customers, Gatso will provide such upgrades without charge to the City. 3.8 City Personnel Training. Gatso will provide System training, including training documentation, to City personnel designated by the City. 3.9. Images and Data; Violation Package. Gatso will upload encrypted violation images and embedded violation data to a Gatso server in a timely manner. Gatso shall correlate images and data with DMV records, and shall assemble the images and data into an electronic violation package (a "Violation Package") in such a manner to allow the City to carry out those responsibilities set forth in Section 4.4 of this Agreement. 3.10. Processing Of Violation Package. Gatso shall process Violation Packages through a system that utilizes commercially reasonable security protocols and that shall be accessible by the City's Police Department through the internet to review, and approve or reject, each violation before a notice of violation is issued related to that violation. Gatso shall notify the City of the list of Page 218 of 272 supported web browsers for accessing this system. Gatso will use commercially reasonable efforts to process violation images and send a Violation Package to the City's Police Department for review within seven (7) business days after the violation has occurred. Gatso shall provide reasonable aid and assistance in the prosecution of citations issued hereunder, including the provision of witnesses, as may be required in a court or quasi-judicial panel of competent jurisdiction, at no charge to the City. 3.11.Notices of Violation. After the City's review and approval of a violation as set forth in Section 4.4, Gatso shall issue a notice of violation with images and data related to the notice of violation by mail within ten (10) days. The citation shall include images of the alleged traffic law infraction, and shall be in a form mutually agreed upon by the parties. The System shall allow the registered owner or owners of a cited vehicle to review the images and data related to the notice of violation, through the web-portal by using a unique identifier code issued as part of the notice of violation. Additionally, Gatso will maintain a toll-free telephone number for registered owners to discuss notices of violation and make payments, with hours of 8:00 a.m. to 5:00 p.m. (Eastern) Monday through Friday, not including state and federal holidays. With respect to any registered owner who has not paid the citation within 30 days of mailing of the notice of violation, Gatso shall send a 2nd notice, in a form mutually agreed upon by the parties. With respect to any registered owner who has not paid the citation within thirty days of mailing of the 2nd notice, Gatso shall send a 3rd notice, which shall also include language requiring the violator to pay and all costs of collection activity with respect to such citation, in a form mutually agreed upon by the parties. 3.12.Payment Methods; Collection of Infraction Fees. Gatso shall provide the registered owner or owners of a cited vehicle the following payment methods: "pay by web," "pay by telephone," and "pay by mail" for the payment of notices of violation issued through the System. Gatso may pass through to violators any reasonable credit card convenience fees imposed upon Gatso by its suppliers for violations paid by credit card ("Credit Card Convenience Fee"). Any registered owner that does not wish to pay the Credit Card Convenience Fee may remit payment to Gatso by mail in the form of a money order or check drawn upon a U.S. bank. The City shall have no obligation for the payment of any Credit Card Convenience Fees. 3.13. Collection of Infraction Fees. Gatso will collect infraction fees from those who voluntarily pay in response to notices issued by Gatso, and shall place such fees in a separate account with a banking institution accessible to the City ("Master Account"). The account shall be established in a manner which permits: (a) funds to be swept to a City-designated bank account by Gatso; and (b) and for the City to have viewing rights to the Master Account. 3.14.Further Action by City. If a registered owner disputes responsibility for a violation and a different violator is identified by the recipient of the notice of violation, then Gatso will reissue the citation to that different violator within ten (10) days after such identification 3.15. Storage Of Violation Packages. Gatso will store all captured violation data and images pursuant to the policy established by the City and communicated to Gatso prior to the Effective Date. The City shall have reasonable access to the Violation Packages during the storage period. 3.16.NLETS Requirements. All authorized Gatso or subcontractor personnel reviewing the vehicle registration information obtained via the National Law Enforcement Telecommunications System ("NLETS") on behalf of the City shall comply with all applicable State of Iowa and NLETS requirements. 3.17.Reports. Gatso shall make available monthly reports to the City comprised of statistics relating to the functioning of the System, including but not limited to the number of captured violations, the number of violations sent for Police Department approval, the number of notices of violation Page 219 of 272 issued, the number of notices of violation paid, the number of contested notices of violation, the amount of scheduled and unscheduled downtime of the System, and such other data as may be reasonably requested by the City. 3.18.Public Awareness. Gatso shall assist and support the City's efforts in public education and awareness programs, by providing information including, but not limited to, violation statistics and violation statistic improvements. Gatso shall provide the City with a pamphlet that the City may reproduce and distribute to City residents; such pamphlet shall include a description of the operation of the System in non-technical terms. 3.19.Insurance. Gatso shall, during the Term of this Agreement, maintain insurance coverage in at least the minimum amounts set forth in this Section 3.19. 3.19.1. Workers' Compensation and Employer's Liability with limits not less than. Workers' Compensation: statutory Employer's Liability: $500,000 ea. accident -injury $500,000 ea. employee -disease $500,000 disease -policy This insurance shall provide that coverage applies to the State of Iowa 3.19.2. Comprehensive Motor Vehicle Liability with limits for vehicles owned, non -owned, or rented of not less than $1,000,000 Bodily Injury and Property Damage Combined Single Limit. 3.19.3. Comprehensive General Liability with limits not less than $1,000,000 Bodily Injury and Property Damage Combined Single Limit. 3.19.4. Umbrella Liability with limits not less than $2,000,000 Bodily Injury and Property Damage Combined Single Limit. This policy shall apply in excess of the limits stated in 3.19.1 through 3.19.3 above. 3.19.5. Gatso shall list the City as an additional insured under all the policies described in this Section 3.19 and shall file with the City certificates of insurance reflecting the minimum insurance coverage and limits provided in this Section 3.19 prior to commencing work on the System. 4. CITY RESPONSIBILITIES 4.1. City Project Manager. The City will designate one City employee as Gatso's principal contact at the City ("City Project Manager"). 4.2. Cooperation. The City will cooperate with Gatso during all aspects of the planning, installation, implementation, and operation of the System and perform any other City obligations set forth in this Agreement including but not limited to the calibration activities described in Section 3.6. 4.3. Operation of Hand -Held Speed Enforcement Units. To promote community safety, the City agrees to: (a) follow reasonable industry practices in or Hand -Held and (b) download all violations detected by the Hand -Held or Mobile Speed Enforcement units in a timely manner which shall in no event exceed forty-eight (48) hours following detection. If, during any four (4) consecutive weeks during the Term, the City fails to utilize one (1) or more Hand -Held Speed Page 220 of 272 Enforcement unit for at least ten (10) hours per week, in addition to any other remedies it may have hereunder, Gatso may, at its sole discretion, remove any such Handheld Speed Enforcement unit that has been underutilized from the Service. 4.4. Review Of Violations. The City will provide sworn City police officers, community service officers or any other City employee designated by the City to carefully review each Violation Package to determine whether: (a) the violation is approved and notices of violation can be mailed; or (b) the violation is rejected. If the violation is rejected, the City Project Manager will report to Gatso the basis for the rejection. The City is solely responsible for determining which violations identified by Gatso are issued as citations. 4.5. Access to Information Services. To the extent required by NLETS, the City will provide written authorization (in a form reasonably acceptable to the City) for Gatso and its subcontractors to perform Motor Vehicle Division (Iowa Bureau of Motor Vehicles) inquiries on behalf of the City. 4.6. Collection of Unpaid Fines. In the event a violator fails to pay or contest a notice of violation as set forth in the 3' notice described in Section 3.11, the City shall refer such matters to a third - party collections agency or law firm to recover all costs of the fines, including collections costs and expenses for failure to pay in a timely manner. Any citations that are paid through the collections process described in this section will be deemed citations paid for the purposes of Section 2.1. If the City fails to timely engage a collections agency or law firm, Gatso may, at its option and expense, retain such an agency to recover such fines and costs, and any amounts recovered by Gatso in this manner will be subject to the terms of this Agreement. 5. GENERAL PROVISIONS 5.1. Indemnification Obligations. To the extent not prohibited by the constitution or laws of the State of Iowa, the City shall indemnify, defend, and hold harmless Gatso and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them (including but not limited to equipment suppliers and installers) (the "Gatso Indemnitees") from and against any and all third party claims arising out of or related to: a. any material breach of the representations and warranties of the City set forth in Section 5.3.2; b. negligence or misconduct of the City or its employees, contractors, or agents that results in bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of any Gatso Indemnitee; c. the validity of the results of the City's use of the System or any portion thereof; or the validity of any citation issued, prosecuted, and collected as a result of the City's use of the System except to the extent caused by Gatso's failure to comply with the terms of the Agreement. Page 221 of 272 5.1.1.Gatso shall indemnify, defend, and hold harmless the City and its elected officials, officers, employees, agents, attorneys, representatives, and permitted assignees and all persons acting by, through, under or in concert with them (the "City Indemnitees") from and against any and all third -party claims arising out of or related to: a. any material breach of the representations and warranties of Gatso set forth in Section 5.3.1; b. negligence or misconduct of Gatso or its employees, contractors, or agents that results in bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of any City Indemnitee; or c. a claim that the System infringes the copyright or U.S. patent of a third party. In the event such a claim is made or appears likely to be made, Gatso will either: (a) enable the City to continue to use the System, (b) modify the System to render it non -infringing; or (c) replace the System with a replacement System at least functionally equivalent. If Gatso determines that none of these alternatives is reasonably available, Gatso shall have the right to terminate this Agreement effective immediately. 5.1.2.In the event of any third -party claim, action, or demand for which a party seeks indemnification from the other pursuant to this Section 5.1 (each a "Claim"), the Indemnified Party must give the Indemnifying Party written notice of such Claim promptly after the Indemnified Party first becomes aware of it. The Indemnifying Party will have the right to choose counsel to defend against the Claim (subject to approval of such counsel by the Indemnified Party, which approval may not be unreasonably withheld, conditioned, or delayed) and to control and settle the Claim. The Indemnifying Party will have the right to participate in the defense of the Claim at its sole expense. 5.2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE LIMITED TO THE FEES PAID OR PAYABLE BY THE CITY TO GATSO PURSUANT TO SECTION 2.1 DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM. 5.3. Representations and Warranties. 5.3.1.Gatso represents and warrants that at all times during the Term: a. it has the legal power to enter into the Agreement; b. the Systems are provided and will continue to perform in accordance with this Agreement; Page 222 of 272 c. the Services described herein will be performed in a workmanlike and professional manner with due care and skill; d. it will perform the Services described herein in compliance with all applicable federal, State of Iowa, and local laws including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification including without limitation the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq; e. it is not barred by law from contracting with the City or with any other unit of state or local government as a result of (a) a delinquency in the payment of any tax administered by the Iowa Department of Revenue unless Gatso is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax or (b) any finding of recovery made against Gatso by the Iowa Auditor of State; f. the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that Gatso, in procuring this Agreement, has colluded with any other person, firm, or corporation, then Gatso will be liable to the City for all loss or damage that the City may suffer thereby, and this Agreement will be null and void, at the City's option; and g. neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specifically Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specifically Designated National and Blocked Person. Gatso further represents and warrants to the City that Gatso and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specifically Designated National and Blocked Person. 5.3.2. The City represents and warrants that at all times during the Term: a. it has the legal power to enter into the Agreement and that it has complied with any and all applicable federal, State of Iowa, and local procurement requirements in connection therewith; and b. it will utilize the System in compliance with all applicable federal, State of Iowa and local laws. 5.3.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.3: a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A Page 223 of 272 PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PEFORMANCE. b. GATSO MAKES NO WARRANTY THAT THE SERVICES AND/OR SYSTEM WILL MEET THE CITY'S REQUIREMENTS, OR THAT THE SERVICES AND/OR SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GATSO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SYSTEM. 5.4. Force Majeure. Neither party shall be liable for delays in the performance of its obligations hereunder due to a Force Majeure Event. "Force Majeure Event" means conditions or other circumstances, such as acts of God, that: (i) were not foreseen, and could not have been reasonably foreseen, by the party obligated to perform, (ii) are beyond the control of the party obligated to perform, and (iii) materially hinder or interfere with the ability of the party obligated to perform to complete performance; provided, however, that no such condition or circumstance will be a Force Majeure Event if it is the result of the fault, negligence, or material breach of this Agreement by the party obligated to perform. Examples of Force Majeure events include wars, floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, severe adverse weather conditions not reasonably anticipated, and delays in permitting. 5.5. Relationship between Gatso and City. Gatso is an independent contractor. This Agreement does not create, and nothing in this Agreement may be deemed, construed, or applied to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. Further, this Agreement does not permit either party to incur any debts or liabilities or obligations on behalf of the other party, except only as specifically provided herein. 5.6. Assignment. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Gatso may assign the Agreement to an affiliate or in connection with a merger or sale of substantially all of the assets related to the Agreement. The Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 5.7. Escalation Procedure. The following procedure will be followed if resolution is required to a conflict arising during the performance of this Agreement. 5.7.1.When a conflict arises between the City and Gatso, the project team members will first strive to work out the problem internally. 5.7.2.If the project team cannot resolve the conflict within five (5) business days, the City Project Manager identified pursuant to Section 4.1 and the Gatso Project Manager identified pursuant to Section 3.1 will meet to resolve the issue. 5.7.3.If the conflict is not resolved within five (5) business days after being escalated to the Project Managers, a senior executive of Gatso will meet with the City Mayor within five (5) days to resolve the issue. Page 224 of 272 5.7.4.If the conflict remains unresolved as described in Section 5.7.3, the parties may mutually agree to terminate the Agreement pursuant to Section 1.2. 5.7.5.During any conflict resolution, Gatso agrees to provide those Services relating to items not in dispute, to the extent practicable pending resolution of the conflict. The City agrees to pay invoices per the Agreement. 5.8. Applicable Law; Jurisdiction and Venue. This Agreement is governed by and construed in all respects in accordance with the laws of the State of Iowa, without regard to any conflicts of laws rules. Any lawsuit arising out of or in connection with this Agreement must be filed in a state or federal court of competent jurisdiction in Iowa, and both parties specifically agree to be bound by the jurisdiction and venue of such courts. 5.9. Entire Agreement; Amendment. This Agreement and its exhibits constitutes the entire agreement between the parties about the Services and supersedes all prior and contemporaneous agreements or communications. This Agreement and its Exhibits may only be amended by a writing specifically referencing this Agreement which has been signed by authorized representatives of the parties. 5.10. Counterparts. This Agreement may be signed in one or more counterparts, each of which will be deemed to be an original and all of which when taken together will constitute the same Agreement. Any copy of this Agreement made by reliable means (for example, photocopy or facsimile) is considered an original. 5.11.Enforceability. If any term in this Agreement is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Agreement will be unaffected, provided that such unenforceability does not materially affect the parties' rights under this Agreement. 5.12. Waiver. An effective waiver under this Agreement must be in writing signed by the party waiving its right. A waiver by either party of any instance of the other party's noncompliance with any obligation or responsibility under this Agreement will not be deemed a waiver of subsequent instances. 5.13 Notices. Any notices provided pursuant to this Agreement shall be effective three days after deposit in the U.S. Mail if sent by Certified Mail Return Receipt Requested, or immediately if by confirmed facsimile, to the parties as follows: City: Mayor Quentin Hart City Hall 715 Mulberry Street Waterloo, Iowa 50703 Gatso: Andrew Noble, at the address above. Page 225 of 272 IN WITNESS WHEREOF, Gatso and the City of Waterloo, Iowa have caused this Agreement to be executed by their properly authorized representatives as of the Effective Date. Agreed to: Gatso USA, Inc. Agreed to: City of Waterloo, Iowa By By Authorized signature Authorized signature Name (type or print): Name (type or print): Quentin Hart Mayor Date: Date: Attested to: Attested to: By By Authorized signature Authorized signature Name (type or print): Name (type or print): Date: Date: Page 226 of 272 EXHIBIT A Additional Terms and Conditions for Installation of Camera Poles In the event that Gatso is required to install one (1) or more camera poles pursuant to Section 3.3 or Section 3.4, the following additional terms and conditions shall apply: A. Obtaining Permits. Gatso shall prepare all permit applications, design drawings or other related documents as may be reasonably required by the City or any other governmental entities for the installation and operation of the camera poles. The City will provide to Gatso, at no cost, all City permits necessary for the operation of the System and provision of the Services provided Gatso meets the minimum requirements for such permits. Gatso will use commercially reasonable efforts to obtain any other necessary permits for the camera poles from applicable agencies and shall pay all permit or other fees charged by such governmental entities in connection with the installation and operation of the System. The City will reasonably assist Gatso in securing necessary permits from other governmental agencies, as required. B. Installation. Gatso will commence installation of the camera poles within ten (10) business days after any and all necessary State, County and City permit applications have been approved and such permits have been received. Gatso shall not be responsible for any delays associated with the failure of any state or local government to promptly provide applicable permits. In the event any permitting agency requires one (1) or more upgrades to any City owned or controlled equipment at any intersection where the System will be installed, such upgrades shall be the sole responsibility of the City. Gatso may elect to add a separate circuit breaker to the traffic control system power source to obtain electric power for the System. Gatso will use commercially reasonable efforts to complete installation of the System in a timely manner. C. Fees. For any camera pole installed by Gatso pursuant to Section 3.3 and this Exhibit A, the City shall pay to Gatso the Camera Relocation Fee fee set forth in Section 2.1.2. D. Removal Of Hardware, Equipment; Restoration. Upon the termination of this agreement, Gatso shall remove any camera poles and related equipment and restore such intersections to substantially the same condition as existed prior to this Agreement. Notwithstanding the foregoing, Gatso will not remove any camera pole foundation, which shall be left approximately flush with grade with no exposed bolts or other hazards. Installed underground conduit and other equipment shall not be required to be removed. Gatso shall use commercially reasonable efforts such that removal and restoration activities occur within forty-five (45) days after the Effective Date of Termination and do not unreasonably interfere with or adversely affect traffic flow. Page 227 of 272 WATERLOO COMMUNITY SAFETY BOARD BYLAWS 7/17/2017 ARTICLE 1 NAME The name of this organization shall be the Waterloo Community Safety Board, hereinafter referred to as "the Board". ARTICLE 2 MISSION The Board has been established for the purpose of conducting administrative hearings in regard to persons contesting automated traffic citations that were issued as per City of Waterloo Code 6-1-4. The Board is designated as the impartial fact finder. ARTICLE 3 ORGANIZATION AND ADMINISTRATION The Board shall be comprised of the members of the Waterloo Police Chief's Citizen Advisory Team. The Police Chief, or his designee, will be the Administrative Assistant to the Board. The Administrative Assistant will be responsible for maintaining the minutes of the Board meetings. ARTICLE 4 ADMINISTRATIVE HEARINGS The Board will hold twelve administrative hearings per calendar year. The hearings will be at 6 PM (CST) on the second Tuesday of each month. If the second Tuesday is a recognized City Holiday, the administrative hearing will be on the following Thursday at 6 PM. The administrative hearings will be held in the Police Chief's office at Waterloo City Hall. Those requesting an administrative hearing can appear in person or by telephone. ARTICLE 5 COMPENSATION OF THE BOARD Each Board member shall be compensated $50 for each administrative hearing they attend. ARTICLE 6 ADMINISTRATIVE HEARING CONDUCT The administrative hearings shall be considered public meetings and shall be conducted in accordance with Robert's Rules of Order. They shall comply with the State of Iowa Open Meetings law. Signed by the board members and the Chief of Police. Page 1 of 1 Page 228 of 272 CITY OF WATERLOO Council Communication Resolution accepting a donation ofproperty from Wells Fargo to the City of Waterloo Community Development for property generally described as 418 Lane Street, with a $15,000 seller concession /cash contribution to assist with asbestos removal and demolition costs. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 7/18/2017 - 4:52 PM Clerk Office Higby, Nancy Approved 7/19/2017 - 9:56 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution accepting a donation ofproperty from Wells Fargo to the City of Waterloo Community Development for property generally described as 418 Lane Street, with a $15,000 seller concession /cash contribution to assist with asbestos removal and demolition costs. Submitted By: Rudy D. Jones, Community Development Director Authorize Mayor and City Clerk to execute any necessary documents Wells Fargo has offered a housing unit and a seller concession/cash contribution to the City of Waterloo through Community Development to assist with the asbestos removal and demolition costs. Wells Fargo is providing $15,000 in financial contributions needed to assist in the asbestos and demolition of 418 Lane Street. Wells Fargo and C D B G funds Legal Descriptions: BALLIETT AND GILBERTS SUB WLOO ALL LOT 3 EXC E 10 FT Page 229 of 272 CITY OF WATERLOO Council Communication Resolution approving award of contract to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $39,792.70 and approving the contract, bonds and Certificate of Insurance for the FY 2018 Ash Street Drainage Improvements, Contract No. 936 and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 7/19/2017 - 11:10 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 12:52 PM SUBJECT: Submitted by: Source of Funds: Resolution approving award of contract to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $39,792.70 and approving the contract, bonds and Certificate of Insurance for the FY 2018 Ash Street Drainage Improvements, Contract No. 936 and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Storm Water Fee Page 230 of 272 CITY OF WATERLOO Council Communication Resolution approving Reconstruction and Overlay Street Improvement lists for 2018. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 7/19/2017 - 11:15 AM Clerk Office Even, LeAnn Approved 7/19/2017 - 12:59 PM ATTACHMENTS: Description Type a Proposed FY 2018 Street Recon & Overlay lists Cover Memo ❑ Six Year Reconstruction Plan Cover Memo ❑ Six Year Overlay Plan Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving Reconstruction and Overlay Street Improvement lists for 2018. Submitted By: Eric Thorson, PE, City Engineer I am requesting Council approval of the 2018 lists, so that Engineering can complete the necessary survey and start design for next year's projects. I have updated proposed lists for Reconstruction from 2018 through 2023 and Overlay for 2018 through 2023. I used the Pavement Management System information along with staffing requests, Council requests and citizen requests from the past year to help update these lists. I have put together the following information for your approval at this time. 1. A copy of the proposed list for Reconstruction for 2018 for all Wards. 2. A copy of the proposed list for Overlay for 2018 for all Wards. Source of Funds: Local Option Sales Tax Funds Background Information: I have also included both the reconstruction and overlay improvement lists for 2018 - 2023. As new inventories and ratings of all city streets are received from the state, these lists will be reviewed with the new ratings and changes will be made if appropriate. The same streets as past lists are still included since this information has been public information with the knowledge that the lists were still subject to final City Council approval. The Page 231 of 272 lists are based on some approximate budgeting and assuming that the City will continue to receive more than nine million dollars in Local Option Sales Tax Funds each year. I have budgeted funds for federal or state funds new roads match, railroad grade crossings improvement matches, design and inspection, and seal coating. Page 232 of 272 PROPOSED FY 2018 STREET RECONSTRUCTION PROGRAM STREET FROM TO Baltimore St. Easton Ave. Brookeridge Dr. Pheasant Ln. Caras Rd. Audubon Dr. Coachman Dr. Carraige Hill Dr. Denver St. Hawthorne Ave. Golden Valley Dr. Candlewick Rd. Kingbard Blvd. 4th St, W. Lynkaylee Dr. Rachael St. Medina Rd. Wakonda Dr. Mobile St. Douglas St. Oakwood Dr. Cedar Bend St. Parker St., W. Longfellow Ave. Randolph St. 9th St., W. San Marnan Dr., E Frt. Kimball Ave. SW Corner E. Donald St. and N. Elk Run Rd. Intersection Woodstock Rd. Ridgeway Ave., W. Mitchell Ave. Kimball Ave. Frontage 158' NE W. Pavement End Bertch Ave. Greenbrier Rd. Fletcher Ave. Meadow Ln. Donald St., W. Sumner St. Greenbrier Rd. Burton Ave. Grant Ave. St. Francis Dr. Midlothian Blvd. Page 233 of 272 PROPOSED FY 2018 ASPHALT OVERLAY PROGRAM STREET Fletcher Ave. Grant Ave. Hackett Rd., S. Idaho St. Idaho St. Olympic North St, Francis Dr. Texas St. Wilbur Ave. FROM TO Sergeant Rd. 5th St., W. Greenhill Rd. Dubuque Rd. Independence Ave. Olympic Dr. Ravenwood Rd. San Marnan Dr., E. Janney Ave. Black Hawk Rd. 4th St., W. 370' south of Sager Ave. Independence Ave. MLK Jr. Dr. Ridgemont Rd. 633' South 723' South Falls Ave. Page 234 of 272 z Q J z O 0 O F^ er o W F a 01 F' z O U 11.1 • cc Li x 0000 1-0 oc oo a• U coNNN �o te- Ili r UIioCDo 0 CO CD Cs.1 T QD Q • N N 2 F z W -J 00 OD CD (, CD • CS ▪ T (p 07 07 'Tr 00 7 C1I N W QJ - 1L U Q 1- • - 5 0 LL 0 I-0 0 < U co ▪ etr Cn uJ UJ s z Q 1- 2 0 Kimball Ave. Q1 N O N ©1- o IIF o00 HQ o SOI o00 �U �U vi ) NQD in CO Gs - Lu w 12 051 Fletcher Ave. OD 0 U o (0 o LC N M 1.0 2 F O z W J O to C�[ ( Reber Ave. c CO ¢j F co F �_ F F _ CCI CO U.0 w W W Q (n iY E3_ (6 0) C E CZ .i l) 0 0 X 0 c i (0) CO U) (/D 06/30/2017 Page 235 of 272 W N CDobOOOO ❑F C] OCDCDCD 0000000 1.1.i CI) 00000 1-- O O O O CD CD 0 0 1-O 0 0 0 0 0 <0 r co- NI: t�Lo- <0 •Kf�co- oo M coODNT0)o(Om 2 t�cb>•rnr H 69696969 N CO c( M L.0LI] ILI ONNtico V CAL(]f�u)1�0 O In NT 00 00 110 NN 2 F- 0 (9 z W i 10 — OlPr - N 07 O Ln Ln �N00Cr) I"- n- r r 00 r r 00 00 00 N 00 00 Cul-de-sac LC7tY CO CO 0 [� ,T 00 01 6 0 CD CO c`o 0 N 0 CD 00 %- r r r LLE 1 Z r r r r 00 00 00 00 ' •e- a) a) E E U a) co 5 a C) O Q Q ! 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C r Cr; a () �4?0 c - CV- (.5 5 c9�1.0 o C)�()0C*)0 )NC4 4f} (� CF LtT N Eft r r LY) r Lfl ,L- 1 Ef3 Ht 1- 69- Lit 609 69- 69 T- u) N u3 - Li' W 0 O d• (p L9 N Qi Cr) LYS Cp N C) N ct'•t CID CD CJ NrI 0 ti �ti00covQn O O -r) (0id, N-Cr)N 't 01 LC) (\I LY) �t M coOD ODLc) ,- 0.1 Lc) co CD v- 111 LCD CO v - Lb 07 N N N r M r an 0C•41 MI (1) , 0 U; CSI '6 N (J) -d ai ai c L > m o❑c]Q-0Q-1 UU) s � U r i' co C = 0 OSI C (a s.. o ca -a N LL. En °I �CA0_ 2tYfY2 2 0 re LL 5 0 De LL cc 6 a) Q W w = W W a SQ W P.- aW .E I- U) 0 Y 0) ors > co cn =7,m . ..= � Q)- & CO o c = 3 , - � cnmcn4CC NI- CCLs) Page 254 of 272 CITY OF WATERLOO Council Communication Resolution approving Sub -recipient Agreements with the University of Northern Iowa Foundation in the amount of $43,500, Blue Zones in the amount of $55,000 and Tri -County Head Start in the amount of $1,500 for the Healthy H2O Loo Project, and authorizing Mayor and City Clerk to execute said documents. City Council Meeting: 7/24/2017 Prepared: 7/18/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 7/19/2017 - 1:02 PM Clerk Office Even, LeAnn Approved 7/19/2017 - 1:19 PM ATTACHMENTS: Description Type D Healthy H2O Loo Subrecipient Agmts Council Comm Cover Memo D Healthy H2O Loo Program Summary Cover Memo SUBJECT: Resolution approving Sub -recipient Agreements with the University of Northern Iowa Foundation in the amount of $43,500, Blue Zones in the amount of $55,000 and Tri -County Head Start in the amount of $1,500 for the Healthy H2O Loo Project, and authorizing Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Expenditure Required: Source of Funds: Policy Issue: The City of Waterloo was awarded $100,000 by the US Conference of Mayors for the Health H2O Loo project to fight childhood obesity. Services will be provided by the three entities named above to provide a Fruit and Veggie Vouchers program as designed by Mercy Health System, school gardens and farm to market curriculum for several schools. University of Northern Iowa Foundation $ 43,500 Blue Zones 55,000 Tri -County Head Start 1,500 Total $100,000 This program is funded using a $100,000 award from the US Conference of Mayors. This project complies with the City of Waterloo's Strategic Plan for the following: Goal No. 1, Strategy 1.7 Seek ways to create a "live, learn, work and play" environment with amenities that attract and retain population in Waterloo. Page 255 of 272 Background Information: Through Mayor Hart's efforts, the City was awarded $100,000 through the US Conference of Mayors for a program designed to fight childhood obesity. These entities will provide services to the community to accomplish the program objectives. Page 256 of 272 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: July 24, 2017 Prepared: July 11, 2017 Dept. Head Signature: Michelle Weidner Number of Attachments: Three SUBJECT: Healthy H2O Loo Project Subrecipient Agreements Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Adopt a resolution approving subrecipient agreements with the University of Northern Iowa Foundation, Blue Zones and Tri - County Head Start for the provision of services for the Healthy H2O Loo project. Summary Statement: The City of Waterloo was awarded $100,000 by the US Conference of Mayors for the Health H2O Loo project to fight childhood obesity. Services will be provided by the three entities named above to provide a Fruit and Veggie Vouchers program as designed by Mercy Health System, school gardens and farm to market curriculum for several schools. Expenditure Required: University of Northern Iowa Foundation $ 43,500 Blue Zones 55,000 Tri -County Head Start 1,500 Total $100,000 Source of Funds: This program is funded using a $100,000 award from the US Conference of Mayors. Policy Issue: This project complies with the City of Waterloo's Strategic Plan for the following: Goal No. 1, Strategy 1.7 Seek ways to create a "live, learn, work and play" environment with amenities that attract and retain population in Waterloo. Alternative: Background Information: Through Mayor Hart's efforts, the City was awarded $100,000 through the US Conference of Mayors for a program designed to fight childhood obesity. These entities will provide services to the community to accomplish the program objectives. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 257 of 272 HEALTHY H2OL00 Program Summary: Healthy H2O Loo is an integrative prevention and early intervention program derived from evidence -based practices; involving established programs (Wheaton Franciscan Healthcare's Fruit & Veggie Voucher Program, Blue Zones School Wellness Programs). We know that national, state, and local statistics prove that obesity contributes to comorbidities including but not limited to asthma, high blood pressure, cardiovascular issues, and health issues as an adult, and it negatively affects the overall quality of life. It is necessary to offer different intervention methods as well as include a wide range of community entities. HealthyPeople2020 (HP2020) lists several aspects to understanding nutrition and weight status; Healthy H2O Loo will strive to align with these focuses of by using social, physical and environmental determinants of health. These determinants include but are not limited to: knowledge & attitudes, skills, social support, environment, and access to healthy/affordable options. Process Objective: Education - Presenting information and access to healthy foods in the classroom Integration — Using school gardens to produce and introduce foods as early in life as possible Fitness - Including physical fitness in class time, every twenty minutes students have to move to a different station, incorporate jumping jacks or other activities in the day (studies have shown that physical activity [before school] is a beneficial behavioral health intervention strategy) Outcome Objective: • Increase community engagement; community members, stakeholders, organization with universal messaging • Increase knowledge of early education of healthy behaviors, specifically increasing fruit/vegetable consumption and increase physical activity • Decrease BMI by 2% per year of enrollment in FVVP until healthy BMI is reached Page 258 of 272 me& HEALTHY H2OL00 •Cedar Valley Good Food Network •School Wellness Committees •Blue Zones Projec •Examples - 22 minutes a day, beverage tax, school wellness, school beverage guidelines •Healthy H2O Loo •Making Choices Easier and Healthier •Keeping little people first 1111111111111111111111111111111111111111111111111111111111111111111111111111., •School gardens - in class food education and prep • Referral - Fresh Fruit & Veggie Voucher [Resturant evaluations Partnership with banquet halls (reduce food waste) Safe routes to school - walking school bus AIL Waterloo Schools designated as Blue Zones School •Obesity rates •Program success •Changes needed •Blue Zone Project - Gallup Well-being Poll •Community food assesment Proposed Budget Allocation Date Vendor Internal Contact Expenditure Budget $ 100,000 6/1/2017 Tri -County Head start John Berry $ 1,500 $ 98,500 School gardens/farm 2 school 5/1/2017 Wheaton Keyah Levy $ 43,500 $ 55,000 Produce Costs (over 3 years) - $40,000 Transportation Costs - $2,500 Printing - $1,000 City of Waterloo $ 3,000 $ 52,000 U.S. Mayors Grant related training, presentations, traveling 5/1/2017 Blue Zones Sue Beach $ 43,700 $ 8,300 11 School gardens, 6 veggie programs, BZP designation, garden training for designated staff, school stipend (for programs) Marketing (check to BZ) Billboard, radio, printed material, social media, healthy videos, logo, Walk Waterloo Promo Keyah/Sue $ 8,300 $ - Total $ 100,000 Page 259 of 272 CITY OF WATERLOO Council Communication Enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code. City Council Meeting: 7/24/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/13/2017 - 2:53 PM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:59 AM ATTACHMENTS: Description Type D ATE draft ordinance Cover Memo SUBJECT: Motion to receive, file, consider and pass for the second time an ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approval of an Automated Traffic Enforcement ordinance. Summary Statement: Policy Issue: There are several identifiable traffic controlled intersections where accidents are occurring more often and at a greater frequency than other intersections in the city. In addition, more incidents of careless, reckless, aggressive, and distracted driving is being observed throughout the city. The police department would like to implement an Automated Traffic Enforcement (ATE) program to address these issues. One of the dynamics of such a program is the passage of an ATE ordinance. Waterloo Strategic Plan - Goal 2: Implement a Community Policing strategy that creates a safe environment in Waterloo. - Strategy 2.1: Strengthen the work of the Waterloo Police Department through adequate training, staffing, and community programing. - Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. - Strategy 3.1: Continue to implement and explore new options for revenue generation (tax relief) for the City. Page 260 of 272 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at other locations in the city. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Video images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of violation for the offense. B. Definitions: 1. Automated Traffic Citation shall mean a notice of fine generated in connection with the automated traffic enforcement system. 2. Automated Traffic Enforcement Contractor shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the Automated Traffic Enforcement System. 3. Automated Traffic Enforcement System shall mean an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. Vehicle Owner shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. C. Vehicle Owner's Civil Liability for Certain Traffic Offenses: 1. The Vehicle Owner shall be liable for a fine as imposed below if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. 2. The Vehicle Owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted limit. 3. The violation may be exempted from liability as outlined below in subsection (f.) of this section, and other defenses may be considered in connection with the appeal process. Page 261 of 272 4. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. D. Notice of Violation; Fine: 1. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal monitoring device. The Automated Traffic Enforcement Contractor shall mail the notice within 30 days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an Automated Traffic Enforcement System. 2. Any violation of subsection C.1. or C.2. above shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. E. Contesting an Automated Traffic Citation. A Vehicle Owner who has been issued an Automated Traffic Citation may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an administrative appeals board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail its written decision within 10 days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, E.2. 2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation, a municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Page 262 of 272 Court, as well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. F. Exceptions to Owner Liability. There shall be no liability pursuant to this section if: 1 The operator of the vehicle in question was issued a municipal infraction for the violation in question pursuant to Waterloo Code 6-1-1; or 2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation; or 3. The vehicle in question was an authorized emergency vehicle; or 4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or 5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle. G. Failure to Timely Pay or Appeal. If the recipient of an Automated Traffic Citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with Waterloo Code 6-1-1 rather than subsection (d.) above. If the Court finds the Vehicle Owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. Page 263 of 272 CITY OF WATERLOO Council Communication Amendment to Title 5, Police Regulations; Chapter 5; Chronic Nuisance Properties. City Council Meeting: 7/24/2017 Prepared: 6/26/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/26/2017 - 11:27 AM Clerk Office Even, LeAnn Approved 6/30/2017 - 12:52 PM ATTACHMENTS: Description Type D Amended Ordinance Cover Memo SUBJECT: Motion to receive, file, consider and pass for the third time and adopt an ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "O. Fireworks", to definitions. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approve amendment.. Page 264 of 272 Chapter 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and/or the complete cessation of the action causing same. B. As applied to a nonoccupant owner: the initiation of all such actions or steps as may be reasonable and legal under the circumstances (and which would ordinarily lead to an abatement of the problem) together with a good faith continuation of those efforts. ENFORCEMENT ACTION: An arrest, a determination that there is probable cause to make an arrest, the issuance of a citation, or issuance of a written or verbal warning associated with a nuisance activity as defined below. NUISANCE ACTIVITIES: Any illegal activity titled as the following in the Waterloo Police Department Shield database under "Call Reporting": A. ASSAULT (Any variation of an assault) B. DISORDER (Disorderly Conduct) C. DRUG (Drug Violation) D. FIGHT E. GAMBLING F. LIQUOR (Liquor Violations) G. LOITER (Loitering) H. LOUD (Loud/Noise/Vehicle/Machinery) I. LOUDPART (Loud party) J. MEDSHOOT (Shooting in progress) K. PROSTITU (Prostitution) L. SEX (Sex Offenses) M. SUSP (Suspicious) N. WEAPON (Both Weapons Violations and shots fired) O. FIREWORK Illegal activity is that which is defined by Iowa Code 701.2 as a public offense; "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment." Page 265 of 272 OWNER: Any person, agent, firm, corporation, association or partnership, including a mortgagee in possession in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, or an occupant of that structure. PERSON: Any natural person, association, partnership, corporation or other legal entity capable of owning or using property. POLICE SERVICE FEE: The police department service fee is $50.00 per hour per officer. Any fraction of an hour is tabulated as a complete hour. Example: If one officer responds and is at the property for 15 minutes, the fee is $50.00. If two officers respond and are at the property for 1 minute, the fee is $100.00. PROPERTY: Any single parcel in the City of Waterloo assigned a Black Hawk County parcel identification number. For property consisting of more than one unit, the term "property" shall refer to a particular unit. 5-5-2: PURPOSE The purpose of this ordinance is to establish a systematic procedure for effectively abating properties that negatively impact the quality of life in neighborhoods. These types of properties tend to place an undue and inappropriate burden on the other taxpayers in the City of Waterloo by the frequent and chronic use of law enforcement services at the properties. 5-5-3: CHRONIC NUISANCE PROPERTIES PROHIBITED No person shall use or allow any property to be used as a chronic nuisance property. 5-5-4: ENFORCEMENT Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is a chronic nuisance property and has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. As such, the Waterloo Police Department may charge the owners of such property the costs associated with providing police services, in the form of a police service fee, at properties at which nuisance activities chronically occur. Any nuisance activities reported by the owner of the property, a person designated by the owner of the property, or that are deemed as domestic abuse, shall not be counted. 5-5-5: NOTICE Page 266 of 272 When a property has been identified as a chronic nuisance property (three or more calls of nuisance activity that result in an enforcement action in any period less than 12 months), the Chief of Police shall provide the owner of record a notice, in writing, that the property has been declared a chronic nuisance property. A copy of the notice shall be served on the owner at least twenty (20) days prior to the commencement of any judicial action by the city. Service shall be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to each person at the address as it appears in the records of the County Auditor. Additionally, a copy of the notice shall be served on the occupant of the structure if that person is different than the owner and shall occur not less than ten (10) days prior to the commencement of any judicial proceeding and may be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to that person at the structure. In the event that notice is impossible to be served as set out above, a copy of the notice may be posted at the property if ten (10) days have elapsed from the service or mailing of the notice to the owner. In addition, a copy of the notice shall also be provided to the City's Code Enforcement division. The failure of any person or owner to receive actual notice of the determination of the chief of police shall not preclude future proceedings under this chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so, or chronic nuisance activity continues, the owner shall be cited, as per 5-5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the service fee, it shall be assessed against the property in the same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENALTIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this Page 267 of 272 chapter after having previously been found guilty of violating the same provision of this chapter at the same location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including, but not limited to, any order for abatement or injunctive relief from the court in the same action or as a separate action. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nuisance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. In the past 3 -month period, the Water Police Department has responded to 15 nuisance activity calls at your property located at 134 Anytown Drive. The activities involved include fighting, disorderly conduct, and loud music. A detailed list is enclosed with this letter, as well as a copy of the City of Waterloo's Chronic Nuisance Property ordinance. You have 10 days to provide me with a written plan to abate these nuisance activities. If you fail to do so, or chronic nuisance activity continues, you will be issued a municipal infraction in the amount of $100.00. In addition, for each subsequent police response to 134 Anytown Drive for nuisance activity, you will be billed $50.00 per hour per officer who responds. Any fraction of an hour is tabulated as a full hour. If you fail to pay this service fee, it will be assessed against the property in the same manner as a property tax as is allowed by Iowa Code chapter 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides me with copies of all notices served in accordance with Iowa Code chapter 562A. Sincerely, Daniel J. Trelka Director of Safety Services/Chief of Police Page 268 of 272 CITY OF WATERLOO Council Communication Executive Session City Council Meeting: 7/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Felchle, Kelley Approved 7/21/2017 - 3:36 PM SUBJECT: Discussion of the purchase of property pursuant to Iowa Code Section 21.5(1)(j)(2017). Page 269 of 272 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes of June 20, 2017. City Council Meeting: 7/24/2017 Prepared: 7/19/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 7/19/2017 - 9:53 AM Clerk Office Higby, Nancy Approved 7/19/2017 - 11:18 AM ATTACHMENTS: Description Type D Board Meeting Minutes Cover Memo SUBJECT: Community Development Board Meeting Minutes of June 20, 2017. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: approval Page 270 of 272 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING June 20, 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 Acting Chairperson -Maxine Tisdale when a quorum was present at 4:20 p.m. on Tuesday, June 20, 2017. Members present: Maxine Tisdale, Doreen Mingo, Brooke Trent, Lisa Munoz Members absent: Philip Nash, Robert Tyson, Jason Verbraken Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary; Jerome Amos; City Council and Tom Powers; City Council A. APPROVAL OF THE AGENDA Acting Chairperson Maxine Tisdale asked for a motion to approve the amended agenda (date on minutes to be approved was incorrect) It was moved by Trent, and seconded by Mingo to approve the amended Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON MAY 16, 2017. Chairperson Tisdale requested additions or corrections to the minutes for the meeting on Tuesday, May 16, 2017. There were none. It was moved by Trent, and seconded by Mingo to approve the minutes of the regular meeting on May 16, 2017 as presented. Motion carried. C. OLD BUSINESS 1. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). This project is very close to completion, landscaping has been started and is progressing well. A small tour will be scheduled in the very near future. 2. Update on 718 Kern Street. This project has been completed D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for May 2017. It was moved by Mingo and seconded by Trent to endorse the rehabilitation contracts for May 2017. Motion carried. 2. Washington D.C. Coalition Trip Jones shared information in regards to the Affordable Care Act and how it impacts the State of Iowa's health care system. Board members also discussed federal funding levels. 3. Subordination of Ella Thurmond Jones approved the subordination for Ella Thurmond but brought it to the attention of the board members that he had some reservations about actually approving it. 4. Neighborhood Services Report Reports were provided by the Neighborhood Coordinator on her trip to Omaha and also on "What's Happening" in Neighborhood Services. 5. Rehabilitation Staff training Matt and Jon provided a report on training they received in Denver, Colorado in regards to environmental reviews. 6. Highland Park Playground Installation Pictures and a newspaper article for the installation of Highland playground equipment was shared .HUD provided a waiver for labor so the UNI Football Players could volunteer their time to set up the equipment. Page 271 of 272 Minutes June 20, 2017 Page 2 7. Staff Vacancies Interviews have taken place for the Coordinator and Project Specialist positions. Jones has also started the initial process for permanent replacement of the Neighborhood Coordinator position. E. DISCUSSION ITEMS 1. FY2018 Annual Action Plan The allocation has finally come out, CDBG funds increased very little and HOME funds were decreased by $40,000. HOME rehab will be taking the biggest hit. 2. Community Reinvestment Workshop A formation of a Waterloo Housing Conference and meeting is scheduled for August 9 at the Center for the Arts. 3. Brooke Trent Brooke will not be seeking another term on the Board. Jones thanked her for her time and expertise and wished her well in her future endeavors. ADJOURN MEETING. With no further business it was moved by Mingo, and seconded by Trent to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, ( ane Tisdale Board Secretary Page 272 of 272