HomeMy WebLinkAboutCouncil Packet - 11/6/2017THE C I TY C O U N C I L O F THE C I TY O F WATE R LO O, I O WA,
R E G U LA R S E SS I O N TO B E HE LD AT
TH E HA R O LD E. G E TTY C O U N C I L C H A M B E R S
M onday, Novem ber 6, 2017
5:30 PM
CITY OF WATERLOO
GOALS
1. S upport the creatio n o f new, livab le wage jo b s through a b alanc ed econo mic d evelopment
ap p ro ach of as s is ting existing b us ines s es , fo s tering s tart-ups, attrac ting new emp lo yers
and c ultivating an ad eq uate workfo rce.
2. Implement a C ommunity P o lic ing s trategy that creates a s afe enviro nment in Waterlo o .
3. R ed uc e the C ity's property tax levies thro ugh a respons ib le b alanc e of cost reductio n in
C ity operatio ns and inc reas es in taxab le property valuations to ens ure that Waterloo is a
c ompetitive, affo rd ab le, and livab le c ity.
4. Enhanc e the image o f Waterloo and the C ity to residents and bus ines s es inside and
o uts id e of the c o mmunity.
G eneral Rul es for P ubl i c P arti ci pati on
1. At the c hair/p res id er's disc retio n, yo u may ad d res s an item on the c urrent agend a by
s tepping to the podium, and after rec o gnition by the chair/pres id er, s tate your name,
ad d res s and gro up affiliation (if appropriate) and speak c learly into the mic ro p hone.
2. Yo u may s p eak o ne (1) time per item fo r a maximum of five (5) minutes as lo ng as you
have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the
C o uncil Meeting. If not regis tered with the C ity C lerk's offic e you may speak one (1) time
p er item for a maximum o f three (3) minutes .
3. If there is a hearing sc heduled as part of an agend a item, the c hair/pres ider will allo w
everyo ne who wis hes to ad d res s the c o uncil, us ing the s ame p artic ip ation guidelines found
in thes e "general rules".
4. Altho ugh not required by c ity c ode o f ordinanc es , o ral presentations may be allo wed at
the c hair/p res id er's (us ually the Mayor o r Mayor P ro Tem) dis c retio n. T he "o ral
p res entations " sec tion of the agend a is your opportunity to ad d res s items no t o n the
agend a. You may speak one (1) time fo r a maximum of five (5) minutes as lo ng as you
have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the
C o uncil Meeting. If not regis tered with the C ity C lerk's offic e a s peaker may speak to one
(1) is s ue p er meeting for a maximum of three (3) minutes . O ffic ial actio n cannot be taken
b y the C ounc il at that time, b ut may b e plac ed on a future agenda o r referred to the
ap p ro p riate d ep artment.
5. Keep c o mments germane and refrain from p ers o nal, impertinent or s landerous remarks .
6. Q ues tions c o nc erning thes e rules o r any agend a item may be direc ted to the C lerk's O ffice
at 291-4323.
7. C itizens are enc o uraged to regis ter with the C lerk's O ffic e by 4:00 p .m. on Mo nday of the
d ay o f the C ity C ounc il meeting to ap p ear before the C ity C ounc il (may also register by
p hone). R egistered speakers will b e given first priority.
Page 1 of 297
Roll Call.
Prayer or Moment of Silence
Pastor Jason Falck from Walnut Ridge Baptist Church
Pledge of Allegiance
Sandie Greco, Interim Public Works Director
Agenda, as proposed or amended.
Minute s of Octobe r 23, 2017, Regular Session, as proposed.
Wate rloo Fire Rescue Busine ss Comme ndation to Warre n Transport, Inc, and
Civ ilian Comme ndation to Lance Votroube k, Glynna Borwig, and Jeff Wilson.
Recognize coache s and playe rs of the ye ar in Optimist Club Flag Football.
ORAL P RES ENTAT I ONS
I owa C ode 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.
T he City of Waterloo encourages the public to participate during the Oral
P resentations by f ollowing the rules listed on the f ront of the agenda.
Mayor and Council Monthly Reports
1.Conse nt Agenda:
(The fol lowing items will be acted upon by voice vote on a si ngle motion without
separate discussion, unless someone from the counci l or publ ic requests that a
speci fi c i tem be considered separately.)
A.Resolution to approve the following:
1.Bills Payment, Finance Committee Invoice Summary Report, a copy of which is
on file in the office of the City Clerk.
2.Resolution setting a date of public hearing as November 20, 2017 to approve the
request by Standard Distribution Company, Inc. for a site plan amendment to the
“M-2,P” Planned Industrial District to allow for the construction of a 50,000
square foot industrial building with a 26 acre laydown yard, located just north of
3040 Leversee Road, and instruct City Clerk to publish said notice.
Submitted By: Noel Anderson, Community Planning & Development Director
3.Resolution setting a date of public hearing as November 20, 2017 to approve the
sale and conveyance of city owned property located north of 3040
Leversee Road, in the amount of $1.00, to S D C Real Estate, L.L.C., including a
Development Agreement, and instruct City Clerk to publish said notice.
Page 2 of 297
Submitted By: Noel Anderson, Community Planning & Development Director
4.Resolution setting a date of public hearing as November 20, 2017 to approve the
sale and conveyance of city owned property located near Chalmers Drive and at
the Northeast corner of Ansborough and Upton Avenue, in the amount of
$15,001, to Village Creek Rentals, LL C, including a Development Agreement, and
instruct City Clerk to publish said notice.
Submitted By: Noel Anderson, Community Planning & Development Director
5.Resolution approving preliminary plans, specifications, form of contract, etc.,
setting date of bid opening as December 14, 2017 and date of public hearing
as December 18, 2017 for the construction of a vehicle/evidence storage facility,
and instruct the City Clerk to publish said notice.
Submitted By: Captain Frank Krogh
6.Request from Jack Wilson for a waiver for a concrete driveway located at 827 and
829 E. Ridgeway Avenue with the elimination of the sidewalk section due to the
inability to meet grade requirements.
Submitted By: Eric T horson, PE, City Engineer
7.Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete
driveway located at 721 Eureka Street and authorizing the construction of a
concrete driveway and placing a driveway or sidewalk on city right-of-way on an
unimproved street.
Submitted By: Eric T horson, PE, City Engineer
8.Request from Hawkeye Community College for a waiver for a concrete driveway
located at 6315 Hammond Avenue and authorizing the construction of a concrete
driveway and placing a driveway or sidewalk on city right-of-way on an
unimproved street.
Submitted By: Eric T horson, PE, City Engineer
9.Request from Linda Gaul for a waiver to use colored concrete on the concrete
approach located at 4238 Suburban Drive.
Submitted By: Eric T horson, PE, City Engineer
10.Resolution approving preliminary plans, specifications, bid documents, etc.,
setting a date of bid opening as November 16, 2017, and setting a date of public
hearing as November 20, 2017, for the Flow Equalization Facility Overflow
Connect to Satellite WPCF, City Contract No. 880, and instruct City Clerk to
publish notice.
Submitted By: Steven Hoambrecker, Director, Waste Management Services
B.Motion to approve the following:
1.T RAV EL R EQ U ES T S
a.P.O. Suljic
Class/Meeting: Street Survival Seminar
Destination: Waterloo, IA
Dates: July 25-26, 2017 Amount not to exceed: $229
b.Chris Weste rn, Planne r I I , Brownfie lds Coordinator
Class/Meeting: Brownfields 2017 Conference
Destination: Pittsburgh, PA
Page 3 of 297
Dates: Dec. 4-7, 2017 Amount not to exceed: $1,725
2.L I QUOR L I C ENS ES
a.Hy Ve e #1 Clubroom,2834 Ansborough Av enue
Class: Special C Liquor
Renewal Application Includes Sunday
Expiration Date: 10/16/2018
b.Hy Ve e Wine and Spirits #1, 2126 Kimball Av e nue
Class: B Wine / C Beer / E Liquor
Renewal Application Includes Sunday
Expiration Date: 11/14/2018
c.Kings and Quee ns, 304 W. 4th Stree t
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 11/15/2018
d.Kings and Quee ns, 304 W. 4th Stree t *Owne rship Update*
Class: C Liquor w/Outdoor Service
New Application Includes Sunday
Expiration Date: 11/16/2018
e.Ne ighborhood Mart, 2102 Lafaye tte Stree t
Class: B Wine / C Beer / E Liquor
New Application Includes Sunday
Expiration Date: 11/14/2018
f.WCA Building & Amphitheatre, 225 Comme rcial Stre et
Class: Special C Liquor
Renewal Application Includes Sunday
Expiration Date: 6/21/2018
g.Z's Re staurant & Lounge , 3937 W. Airline Highway
Class: C Liquor
Renewal Application Does not include Sunday
Expiration Date: 10/31/2018
3.APPOI N T M ENTS
a.Ry an Ve stal
Board/Commission: Board of Electrical Examiners and Appeals
Expiration Date: 11/1/20
Re-Appointment
b.Richard Mott
Board/Commission: Board of Electrical Examiners and Appeals
Expiration Date: 11/10/20
Re-Appointment
c.Matthew Chapman
Page 4 of 297
Board/Commission: Board of Electrical Examiners and Appeals
Expiration Date: 11/10/20
Re-Appointment
d.Mike Fereday
B oard/C ommission: Heating, Ventilation & Air Conditioning Mechanical
Board for Licensing & Appeals
Expiration Date: 11/10/2020
Re-Appointment
e.Julie Gardne r
B oard/C ommission: Heating, Ventilation & Air Conditioning Mechanical
Board for Licensing & Appeals
Expiration Date: 11/10/2020
Re-Appointment
f.Trav is Young
B oard/C ommission: Heating, Ventilation & Air Conditioning Mechanical
Board for Licensing & Appeals
Expiration Date: 11/10/2020
Re-Appointment
g.Mike Mrzlak
Board/Commission: Memorial Hall Commission
Expiration Date: 12/31/2020
Re-Appointment
h.Craig White
Board/Commission: Memorial Hall Commission
Expiration Date: 12/31/2020
Re-Appointment
i.De nise Dermody
Board/Commission: ADA Compliance Commission
Expiration Date: 11/6/2020
New Appointment
4.Motion to receive and place on file the 2016 Audit of the Waterloo Water Works.
Submitted By: Matt Mahler, Water Works General Manager
5.Bonds
PUBLI C HEARI N GS
2.Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update
m ultiple se ctions re garding re gulations for Recy cling, Junk or Salvage Yards
and other misce llane ous update s.
Motion to receive and file proof of publication of notice of public hearing.
H OL D HEARIN G - No comments on file.
Motion to close hearing and receive and file oral and written comments and
recommendation of approval of Planning, Programming and Zoning Commission.
Page 5 of 297
Motion to receive, file, consider and pass for the first time an Ordinance amending
Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending
Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards,
and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and
Salvage Yards.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt ordinance.
Submitted By: Aric Schroeder, City Planner
3.Flow Equalization Facility Ov erflow Connect to Sate llite WP F C, City Contract
No. 880.
T he public hearing is cancelled and will be rescheduled for a later date.
Submitted By: Steven Hoambrecker, Director, Waste Management Services
4.Sale and conv e y ance of city owne d prope rty to Rebe l Saffold Jr. and Rhonda
S. Saffold to purchase city ow ne d prope rty generally located at 408 and 414
Fowler Stre et, with De ve lopme nt Agre ement.
Motion to receive and file proof of publication of notice of public hearing.
H OL D HEARIN G - 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 located at 408 and
414 Fowler Street, to Rebel Saffold Jr. and Rhonda S. Saffold in the amount of $1.00
per property, and authorizing the City Attorney to prepare and deliver the deed
accordingly, and authorizing the Mayor and City Clerk to execute said documents.
Resolution approving a Development Agreement with Rebel Saffold Jr. and Rhonda S.
Saffold for the property located 408 and 414 Fowler Street, and authorizing the Mayor
and City Clerk to execute said agreement.
Submitted By: Noel Anderson, Community Planning and Development Director
5.Sale and conv e y ance of city owne d prope rty locate d at the northe ast corne r of
Idaho Stre e t and Martin Luther King, Jr. Driv e to The Ov e rland Group, LLC in
the amount of $25,000, and approving a Purchase and Sale Contract.
Motion to receive and file proof of publication of notice of public hearing.
H OL D HEARIN G - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution approving the sale and conveyance of city owned property located at the
northeast corner of Idaho Street and Martin Luther King, Jr. Drive to T he Overland
Group, L L C in the amount of $25,000, and authorizing the Mayor and City Clerk to
execute said documents.
Resolution approving Purchase and Sale Contract between T he Overland Group, LL C
and the City of Waterloo, Iowa, for the purchase of city-owned property located at the
northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorizing the
Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning & Development Director
6.F Y 2018 Lev ee Tre e Cle aring Cedar Riv er, Contract No. 938.
Motion to receive and file proof of publication of notice of public hearing.
H OL D HEARIN G - 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.
Page 6 of 297
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer
for review.
Submitted By: Jamie Knutson, P E, Associate Engineer
R ES OLUTI ONS
7.Resolution approving a Professional Services Agreement with AE C OM Technical
Services, Inc. for design services associated with the completion of the Categorical
Exclusion Amendment for the F Y-2018 FAA funded project at Waterloo Regional Airport
in the amount of $31,700, and authorize the Mayor to execute said document.
Submitted By: Keith Kaspari, Airport Director
8.Resolution approving Convention and Visitors Bureau Board recommendations for
funding the following hotel-motel mini grant application for the Senior Scratch Bowling
Association/Cadillac XBC in the amount of $2,231.
Submitted By: Annette Freeseman, Waterloo Convention and Visitors Bureau
9.Resolution approving the contract with Tyson Fresh Meats, Inc. of Waterloo, Iowa, and
the Iowa Economic Development Authority for High Quality Jobs Program-Tax Credit
Component Incentives, and authorize the Mayor and City Clerk to execute said
document.
Submitted By: Noel Anderson, Community Planning & Development Director
10.Resolution approving FY 2018-2023 Airport Capital Improvement Plan for the Waterloo
Regional Airport.
Submitted By: Keith Kaspari, Airport Director
11.Resolution awarding the recycling processing facility to support the City of Waterloo's
Curbside Recycling Program bid to Cedar Valley Recycling & Transfer of Waterloo,
Iowa in the amount of $32,000, for a period of one (1) year and approving contract,
bond and certificate of insurance and authorize the Mayor and City Clerk to execute
said documents.
Submitted By: Sandie Greco, Interim Public Works Director
12.Resolution approving Final Quantity Summary for a net increase of $8,007.85 for the
F Y 2017 Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and
authorize the Mayor and City Clerk to execute said document.
Submitted By: Wayne Castle, PL S, P E, Associate Engineer
13.Resolution approving Completion of Project and Recommendation of Acceptance of
Work for work performed by Lodge Construction, Inc. of Clarksville, Iowa, at a total
cost of $74,163.13 for the F Y 2017 Sergeant Road Trail Bridge No. 1 Replacement,
Contract No. 917, and receive and file two (2) year maintenance bond.
Submitted By: Eric T horson, PE, City Engineer
14.Resolution approving a Professional Services Agreement with Great Plains Survey,
Inc. for land surveying services within the Northeast Industrial area, in an amount not to
exceed $34,101, and authorize the Mayor to execute said document.
Page 7 of 297
Submitted By: Noel Anderson-Community Planning and Development Director
15.Resolution approving the Agreement for Subdivision Platting with Roger T. Kalsem,
Jeffrey L. Swartzendruber and Patricia Swartzendruber, and authorize the Mayor and
City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning & Development Director
16.Resolution approving a variance to the requirements of the Subdivision Ordinance in
Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to approval of
a Plat of Survey of Parcel E located adjacent to the proposed extension of Bay Berry
Drive.
Submitted By: Noel Anderson, Community Planning & Development Director
17.Resolution approving the request by Jeffrey L. Swartzendruber and Patricia
Swartzendruber to approve a Plat of Survey of Parcel E located adjacent to the
proposed extension of Bay Berry Drive.
Submitted By: Noel Anderson, Community Planning & Development Director
ORDI NANCES
18.An ordinance amending Ordinance No. 5079, as ame nded, City of Wate rloo
Zoning Ordinance, by ame nding the Official Zoning Map re fe rred to in Section
10-4-4, approv ing a re zone of ce rtain prope rty, located west of 2010 W.
Ridgew ay Ave nue
Motion to receive, file and consider for the third time and adopt an ordinance amending
Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending
the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain
property, located west of 2010 W. Ridgeway Avenue.
Submitted By: Noel Anderson, Community Planning & Development Director
A D JOU R NMENT
M otion to adjourn.
Kelley Felchle
City Clerk
MEE T I N GS
4:30 p.m. Council Work Session, Harold E. Getty Council Chambers
4:50 p.m. Building and Grounds Committee, Harold E. Getty Council Chambers
5:05 p.m. Boards and Commissions, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLI C I NF ORM AT I ON
1.Communication from the Leisure Services Department on the notice of the conclusion
of employment for Joe McCracken, Golf Maintenance II, effective September 29, 2017
with recommendation of approval of payout of $4,137.71 for unused benefits.
Page 8 of 297
2.Communication from the Waterloo Public Library Department on the notice of the
conclusion of employment for Michael J. Dargan, Technical Systems & Reference
Administrator, effective September 29, 2017 with recommendation of approval of
payout of $10,342.75 for unused benefits.
3.Waterloo Water Works Board of Trustees meeting minutes of October 18, 2017 on file
in the Waterloo City Clerk’s office.
Page 9 of 297
C ITY OF WATER LOO
Council Communication
Minutes of O c to b er 23, 2017, R egular S es s ion, as proposed.
City Council Meeting: 11/6/2017
Prepared:
R EV I EWER S :
D epartment R eviewer Action D ate
C lerk O ffice H igby, Nancy Approved 10/30/2017 - 4:27 P M
ATTA C H M EN TS :
Description Type
M inutes of 10/23/17 B ackup M aterial
S ub mitted by:S ubmitted By:
Page 10 of 297
October 23, 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, October 23, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Lind, Amos, and Welper. Absent: Mr. Schmitt.
Prayer or Moment of Silence.
Pledge of Allegiance: Kelley Felchle, City Clerk.
146153 - Welper/Amos
that the Agenda, as amended, by adding Item 8. An ordinance amending Ordinance No. 5079, as
amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in
Section 10-4-4, approving a rezone of certain property, located west of 2010 W. Ridgeway Avenue;
and Item 9, An Ordinance amending the 2008 Traffic Code by amending Section 544 - All-Way Stop
Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue, for the Regular
Session on Monday, October 23, 2017, at 5:30 p.m., be accepted and approved. Voice vote-Ayes:
Six. Motion carried.
146154 - Welper/Amos
that the Minutes, as proposed, for the Regular Session on Monday, October 16, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Six. Motion carried.
Mayor Hart read a Proclamation declaring October 26, 2017 as Gentleman Day.
Mayor Hart read a Proclamation declaring October 22-28, 2017 as National Lead Poisoning
Prevention Week.
Mayor Hart read a Proclamation declaring October 28, 2017 as Steadfast and Immovable.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, expressed concern about bicycle safety in Waterloo.
Mayor Hart agreed it would be good to add additional safety information beyond what is currently
available.
146155 - Welper/Morrissey
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
146156 - Welper/Powers
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 October 23, 2017,
in the amount of $4,295,107.85 a copy of which is on file in the City Clerk’s office, together
with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2017-870.
2. Resolution approving request of Friends of the Family for a variance to the Noise Ordinance
No. 3094, on October 27, from 4:00 p.m. to 6:00 p.m. in conjunction with the Domestic
Violence Awareness Walk, to be held at Lincoln Park, including the use of a PA system,
together with recommendation of approval of Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2017-871.
Page 11 of 297
October 23, 2017
Page 2
3. Resolution approving cancellation of assessment for 1658 Hyperion Drive in the amount of
$264.02; and 2929 Spruce Lane in the amount of $235.32, and authorize City Clerk to notify
Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-872.
4. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No.
3 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to remove
properties from the TIF area, and setting date of consultation with taxing entities on
November 8, 2017, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-873.
5. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No.
4 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the
boundaries and update projects and include additional projects and update related financial
information, and include other general updates to the Plan, and setting date of consultation
with taxing entities on November 8, 2017, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-874.
6. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No.
3 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the
TIF area, and setting date of consultation with taxing entities on November 8, 2017, and
instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-875.
7. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No.
4 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and
to update projects and include additional projects and update related financial information,
and include other general updates to the Plan, and setting date of consultation with taxing
entities on November 8, 2017, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-876.
8. Resolution setting a date of public hearing as November 6, 2017 to approve a Purchase and
Sale Contract for city owned property located at the northwestern corner of Martin Luther
King Jr Drive and Idaho Street, in the amount of $25,000.00, to The Overland Group, LLC,
and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-877.
9. Resolution setting date of public hearing as November 6, 2017 to approve an amendment to
the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding
regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, and
instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-878.
10. Resolution setting the date of public hearing as November 6, 2017 for the request by Rebel
Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally located at 408
and 414 Fowler Street, with development agreement, and instruct City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-879.
11. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date
of bid opening as November 9, 2017, and the date of public hearing as November 13, 2017,
in conjunction with the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional
Airport, via IDOT Project No. 9-I-180-ALO-200, and IDOT Contract No. 19559, and
instruct the City Clerk to publish said notice.
Page 12 of 297
October 23, 2017
Page 3
Resolution adopted and upon approval by Mayor assigned No. 2017-880.
12. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $150,000 for property located at 5645 Keith Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-881.
13. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $150,000 for property located at 5647 Keith Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-882.
14. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $130,000 for property located at 5632 Keith Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-883.
15. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $130,000 for property located at 5630 Keith Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-884.
16. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $150,000 for property located at 5623 Keith Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-885.
17. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $150,000 for property located at 5621 Keith Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-886.
18. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $130,000 for property located at 2904 Cohen Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-887.
19. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $130,000 for property located at 2903 Cohen Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-888.
20. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $130,000 for property located at 2901 Cohen Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-889.
21. Resolution approving the request of DS Rentals for tax exemptions on the construction of a
twin home valued at $130,000 for property located at 2902 Cohen Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-890.
Page 13 of 297
October 23, 2017
Page 4
22. Resolution approving request to certify assessment to property for work performed by the
Waterloo Water Works, together with recommendation of approval by the Waterloo Water
Works Board of Trustees: Address and amount to certify: 929 Grant Avenue - $1,384.89
Resolution adopted and upon approval by Mayor assigned No. 2017-891.
b. Motion to approve the following:
1. Travel Requests
Name & Title of
Personnel Class/Meeting Destination Date(s)
Amount
not to
Exceed
a. Bob Lentzkow,
Combination
Inspector
Residential Building
Inspector Exam
Coralville,
IA
October 25,
2017
$199
b. Bob Ball, Chief
Building Inspector
Wisconsin Commercial
Building Code Refresher
Madison,
WI
February
25-28, 2018
$1,295
c. Steven Hoambrecker,
Director Waste
Management Services
11th Annual Four-States
Governmental Affairs
Meeting EPA Region 7
Office
Lenexa, KS November
5-6, 2017
$327.75
d. Sgt. Greenlee and
P.O. Moore
Radar Lidar Instructor
Course.
Johnston, IA October 23-
26, 2017
$800
2. Approved Beer, Liquor, and Wine Applications
Name & Address of
Business Class New or
Renewal
Expiration
Date
Includes
Sunday
a. The Brown Bottle, 209 W.
5th Street
C Liquor Renewal 10/21/2018 x
b. Logan Convenience Store,
735 Logan Avenue
B Wine / C Beer / E
Liquor
Renewal 11/11/2018 x
c. New World Lounge II, 504
Riehl Street
C Liquor Renewal 9/14/2018 x
d. Walmart Supercenter
#1496, 1334 Flammang
Drive
B Wine / C Beer / E
Liquor
Renewal 9//30/2018 x
3. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Sarwar Corporation dba
Neighborhood Mart, 2102 LaFayette Street.
Roll call vote-Ayes: Six. Motion carried.
PUBLIC HEARINGS
146157 - Lind/Amos
that proof of publication of notice of public hearing on motor grader rentals to support snow
operations, as published in the Waterloo Courier on October 16, 2017, be received and placed on
file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146158 - Lind/Morrissey to close hearing. Voice vote-Ayes: Six. Motion carried.
146159- Lind/Morrissey
that “Resolution confirming approval of plans, specifications, form of contract, etc.”, be adopted.
Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-892.
Page 14 of 297
October 23, 2017
Page 5
146160 - Lind/Morrissey
that “Resolution authorizing to proceed”, be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-893.
146161 - Lind/Morrissey
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $100,800
Bidder Bid Amount
Murphy Tractor
Waterloo, IA $107,200
Ziegler CAT
Postville, IA $130,000
Voice vote-Ayes: Six. Motion carried.
146162 - Lind/Morrissey
that “Resolution awarding motor grader rental bid to Murphy Tractor of Waterloo, Iowa, for the
rental of four (4) motor graders to support snow operations, in the amount of $107,200, and
approving the contract”, be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-894.
RESOLUTIONS
146163 - Amos/Welper
that “Resolution approving Cloverdale Park Lease Agreement with the Black Hawk County Board
of Supervisors, and authorize the Mayor and City Clerk to execute said document”, be adopted.
Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-895.
146164 - Amos/Welper
that “Resolution approving extension of a moratorium for a period ending December 4, 2017 on the
issuance of a Special Permit or License, for the establishment of any new recycling, junk, or salvage
yards”, be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-896.
146165 - Amos/Welper
that “Resolution approving the Professional Services Agreement with Strand Associates of Madison,
Wisconsin, in an amount not to exceed $58,000, for engineering and construction related services for
the Anaerobic Lagoon Upgrades and Biogas End Use Study, and authorize Mayor and City Clerk to
execute said document”, be adopted. Roll-call vote-Ayes: Six. Motion carried.
David Dreyer, 3145 W. 4th Street, questioned if methane gas is still being used at the Waste
Management facility and why the study has to be completed.
Steve Hoambrecker, Waste Management Director, explained that the methane gas is being generated
is used to heat the waste in a series of boilers. This project will work on harnessing methane gas at
the anaerobic lagoon, which treats waste from Tyson. The value of biogas has dropped over time
and the study will look for alternatives for generating profit from the methane gas. He further
Page 15 of 297
October 23, 2017
Page 6
commented other cities are conducting similar studies and that it will also be used to study the lid
that needs to be replaced on the lagoon.
Mayor Hart questioned if other cities have an anaerobic lagoon and the potential for profit.
Steve Hoambrecker explained the function of the anaerobic lagoon.
Resolution adopted and upon approval by Mayor assigned No. 2017-897.
146166 - Morrissey/Powers
that “Resolution approving the Professional Services Agreement with RJN Group of Des Moines,
Iowa in an amount not to exceed $39,500.00, for engineering services for a collection system data
analysis, and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Six.
Motion carried.
Steve Hoambrecker provided an overview of the contract and commented that the contract is
required by the consent decree.
Resolution adopted and upon approval by Mayor assigned No. 2017-898.
146167 - Morrissey/Powers
that “Resolution approving the Professional Services Agreement with AECOM Technical Services,
Inc. of Waterloo, Iowa, in an amount not to exceed $16,000 for the FY 2018 Sink Creek Channel
Cleanout and Shaping, Contract No. 924, and authorize the Mayor to execute said document”, be
adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-899.
ORDINANCES
146168 - Welper/Amos
that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain
property, located west of 2010 W. Ridgeway Avenue”, be received, placed on file, considered and
passed for the second time. Roll-call vote-Ayes: Six. Motion carried.
146169 - Welper/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll-call vote-Ayes: Five. Nays: One (Lind). Motion failed.
146170 - Morrissey/Powers
that “an Ordinance amending the 2008 Traffic Code by amending Section 544 - All-Way Stop
Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue”, be received, placed
on file, considered and passed for the second time. Roll-call vote-Ayes: Five. Nays: One (Welper).
Motion carried.
Mr. Welper commented that he asked for a traffic count study of seven days and that the study
concluded that traffic on Shaulis Road is heavier than on Ansborough. He further commented that
he would like the ordinance rewritten to have stop signs on Ansborough with flashing approaching
lights on all four corners.
Mr. Amos requested that the numbers of the study be read.
Mr. Welper read the results for council.
Mr. Jacobs questioned if information was given about bicycle or pedestrian traffic.
Mr. Welper stated the study only included vehicles.
Page 16 of 297
October 23, 2017
Page 7
Mr. Morrissey commented that it sounds like a significant amount of traffic flows through the
intersection and that the ordinance should proceed and additional precautions should be addressed as
well.
Mr. Welper commented that he would like to see flow maintained along with safety with an
oncoming flashing sign at all four corners.
Mr. Morrissey commented that he would be in favor of passing this reading and having the Traffic
Engineer present the changes at the next meeting.
Mr. Lind asked if staff had recommended any other changes.
Mayor Hart stated this is the first he has heard about it.
Sandie Greco, Interim Public Works Director, commented that the Traffic Engineer would prefer a
four way stop and that the intersection should be studied every two years.
Mayor Hart requested Mohammad Elahi provide clarification.
Mohammad Elahi, Traffic Engineer, commented that the optimal solution would be a four way stop.
Mayor Hart questioned the amount of people who stop at stop signs.
Mohammad Elahi explained how flashing approaching lights are utilized.
Mayor Hart questioned what would happen when stop signs were removed from a location that used
to have stop signs.
Mohammad Elahi commented that it would take adjustment but traffic would adjust.
David Dreyer, 3145 W. 4th Street, questioned the amount of accidents involving cars and pedestrians
at the intersection. He further requested a bicycle training and licensing program should be started
in the community.
Sandie Greco explained that the intersection has had 5 crashes in 3 ½ years.
Mohammad Elahi commented that the number of crashes for 2017 is not yet available, but we know
there wat at least one.
Mr. Lind questioned what letter grade would be assigned if the signs were reversed.
Mohammad Elahi explained that the level of service would be switched with the location of the stop.
Mr. Amos questioned if putting a four way stop at the intersection would change the traffic flow.
Mohammad Elahi explained that four way stops improve the traffic flow. He further explained that
level of service notes the number of stops.
Mayor Hart questioned if the area is expected to grow with increased traffic.
Noel Anderson, Community Planning and Development Director, explained that the area is expected
to grow with residential development.
Mayor Hart commented that the he is hearing from the Traffic Engineer that a four way stop is
safest.
Mohammad Elahi confirmed.
Mr. Powers asked if it is an option to have a stop sign with flashing lights all the way around the
sign.
Sandie Greco commented that it could be considered, and explained the current plan is to place
beacons at the top of the signs.
Page 17 of 297
October 23, 2017
Page 8
Mr. Welper commented that the delay time is less than one second by switching the signs.
Mr. Morrissey requested that Mr. Welper agree to suspend the rules.
146171 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll-call vote-Ayes: Six. Motion carried.
146172 - Morrissey/Amos
that “an Ordinance amending the 2008 Traffic Code by amending Section 544 - All-Way Stop
Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue”, be considered and
passed for third time and adopted. Roll-call vote-Ayes: Five. Nays: One (Welper). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5423.
OTHER COUNCIL BUSINESS
146173 - Lind/Amos
Motion to direct City Clerk to read bids for the recycling processing facility to support the City of
Waterloo's curbside recycling program and refer bids to Interim Public Works Director for review.
Estimate: $32,000
Bidder Bid Amount
Republic Services $117.00 per ton for processing and
transportation, minus a rebate every month
of as least $40.00 per ton depending on
market, with a total cost per ton of $77.00
depending on market value of recyclables.
Cedar Valley Recycling $55.00 per ton, with contamination of
$90.00 per ton. $0.00 rebates. 98% of
loads are contaminated. $65.00 per ton for
not scheduled hours Monday thru Friday.
Voice vote-Ayes: Six. Motion carried.
ADJOURNMENT
146174 - Welper/Lind
that the Council adjourn at 6:22 p.m. Voice vote-Ayes: Six. Motion carried.
_____________________________
Kelley Felchle
City Clerk
Page 18 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n s etting a date of p ublic hearing as Novemb er 20, 2017 to ap p rove the req uest by S tandard
Dis tribution C o mp any, Inc . fo r a s ite p lan amend ment to the “M-2,P ” P lanned Indus trial Dis tric t to allo w for
the c o nstruc tio n o f a 50,000 square foot indus trial b uilding with a 26 acre layd o wn yard , lo cated jus t north of
3040 Levers ee R o ad , and instruc t C ity C lerk to p ublis h said notice.
City Council Meeting: 11/6/2017
Prepared: 10/31/2016
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning S chroeder, Aric R ejected 10/31/2017 - 1:53 P M
P lanning & Z oning Andera, Tim Approved 10/31/2017 - 3:21 P M
P lanning & Z oning S chroeder, Aric Approved 11/1/2017 - 10:28 AM
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 10:38 AM
ATTA C H M EN TS :
Description Type
C ouncil L tr Attachments - S tandard Distribution C over Memo
S UB J E C T:
R es o lution s etting a date of p ublic hearing as Novemb er 20, 2017 to approve
the reques t by S tandard Dis tribution C omp any, Inc . fo r a s ite p lan
amendment to the “M-2,P ” P lanned Indus trial Dis tric t to allo w fo r the
cons truction of a 50,000 s q uare fo o t indus trial build ing with a 26 ac re
laydown yard , lo cated jus t north o f 3040 Levers ee R oad, and ins truct C ity
C lerk to pub lis h s aid no tic e.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ap p ro val
Transmitted herewith is a req uest for a res o lutio n s etting date of hearing as
No vember 20, 2017 to ap p ro ve the reques t by S tandard Dis tribution
C o mp any, Inc . for a site plan amend ment to the “M-2,P ” P lanned Indus trial
Dis tric t to allow for the c o nstruc tion of a 50,000 S F indus trial b uilding with
a 26 acre layd o wn yard , lo cated jus t north of 3040 Levers ee R oad.
T he applic ant is reques ting to cons truct a new indus trial b uilding with an
acc o mp anying railyard and laydown area. T he reques t would no t ap p ear to
have a negative imp act on the s urrounding neighb o rhood o r land us e. T he
area is mos tly c omprised o f light ind ustrial d evelopment and the new build ing
and railyard wo uld ap p ear to be in charac ter with that. T he reques t would
not appear to have a negative imp act on vehic ular or p ed es trian traffic
mo vements in the area. T he area is s erved by Levers ee R oad, whic h is
classified as a C ollec tor S treet. Highway 218 is not loc ated far from the s ite
Page 19 of 297
S ummary S tatement:
in q uestion and is classified as a P rinc ipal Arterial.
T he area in ques tion is zo ned “M-2,P ” P lanned Indus trial Dis tric t and has
b een zo ned as s uc h s inc e March 13, 1995. S urro und ing land us es and their
zo ning d es ignatio ns are as fo llo ws:
North – Vac ant develo p ment gro und and the Waterloo R egional Airport,
zo ned “M-2,P ” P lanned Indus trial Dis tric t.
S outh – Exis ting light indus trial d evelopment, zo ned “M-1” Light Ind us trial
Dis tric t.
East – Vac ant develo p ment gro und and the Waterloo R egional Airp o rt,
zo ned “M-2,P ” P lanned Indus trial Dis tric t.
West – Levers ee R oad and the C ity o f C ed ar F alls , zoned “M-1” Light
Ind ustrial Dis tric t.
T he propo s ed s truc ture is 200’x 250’ (50,000 S F ) and is s ituated to the
s o uthwes t of the Waterloo R egional Airport. T here will b e a 26 ac re laydown
yard s urround ing the p ro p o s ed build ing with multip le rail s p urs and a future
laydown yard of 10.55 acres in the future. T he parking requirements for a
wareho use is o ne p arking s p ace fo r eac h two p ers o ns regularly emp lo yed on
the premises . At this time it is no t kno wn how many emp lo yees will b e at the
wareho use, however, with a 26 acre laydo wn yard , there appears to b e a
s uffic ient amo unt o f spac e for p arking. T he p arking area shall be laid out in
an o rganized fo rm to fac ilitate proper traffic flo w and mo vements. It should
b e no ted that all vehicular us e areas and driveways shall be p ro p erly p aved
with either c onc rete or as p halt.
At their O c tober 3, 2017 meeting the P lanning, P ro gramming and Zo ning
C o mmis s ion unanimo usly rec o mmended approval of the reques t, with the
cond ition that the final site plan meets all applic ab le c ity c o d es , inc luding but
not limited to, parking, landsc ap ing, d rainage, etc., exc ep t as spec ifically
altered b y approval of the site plan amendment..
Exp enditure R equired :No ne
S ource o f F und s :No ne required
P olic y Issue:Land Us e and Econo mic Development, p o lic ies 1, 3 and 4.
Legal Desc riptio ns :
S AI D P R O P ERT Y I S L E G ALLY DES C R I BED AS :
L O C AT ED W IT HIN R ELEAS E PAR C EL "D", WAT ER LO O
R E G I O NAL AIR P O R T I N T HE S O UT HW ES T 1/4 O F S E C T I O N 5,
T O W NS HI P 89 NO RT H, R ANG E 13 W ES T O F T HE 5th P.M.,
BLAC K HAW K C O UNT Y, I O WA.
MO R E PART I C ULAR LY DES C R I BED AS F O L L O W S :
C O MMENC I NG AT T HE S O UT HW ES T C O R NER O F S AI D
S E C T I O N 5; T HENC E, N0°36'45"E 795.20' ALO NG T HE W E S T
L I NE O F T HE S O U T HW E S T 1/4 O F S AI D S E C T I O N 5; T HENC E,
S 89°23'15"E 33.00' T O A P O I NT O N T HE EAS T R I G HT O F WAY
L I NE O F LEVER S EE R O AD, S AI D P O INT AL S O BEI NG T HE
P O I NT O F BEG I NNI NG ; T HE NC E, N0°36'45"E 1189.63' ALO NG
S AI D EAS T R I G HT O F WAY L I NE TO T HE NO RT HW ES T
C O R NER O F R ELEAS E PAR C E L "D"; T HENC E, S 89°08'07"E
651.72' ALO NG T HE NO R T H L I NE O F S AID R ELEAS E PAR C EL
Page 20 of 297
"D"; T HENC E, S 36°15'04"E 672.24'; T HENC E, S 0°36'45"W 716.50' TO
A P O I NT O N T HE NO R T H R I G HT O F WAY LI NE O F C HI C AG O ,
C E NT R AL & PAC I F I C R AI L R O AD; T HENC E, N89°12'38"W 362.69'
AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE;
T HENC E, W ES T ER LY 424.56' AL O NG T HE AR C O F A 2370.51'
R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D
BEAR I NG O F N86°21'38"W AND A C HO R D D I S TANC E O F 423.99'
AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE;
T HENC E, W ES T ER LY 272.64' AL O NG T HE AR C O F A 2557.26'
R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D
BEAR I NG O F N80°04'51"W AND A C HO R D D I S TANC E O F 272.51'
AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE TO
T HE P O I NT O F BEG I NNI NG C O NTAINI NG 27.58 AC R E S .
S UBJEC T TO EAS EME NT S AND R ES T R I C T I O NS O F R EC O R D,
I F ANY.
Page 21 of 297
October 3, 2017
10_3_17 SPA M2P - 2850 Livingston Ln - 50000 SF bldg Page 1 of 3
REQUEST: Request by Standard Distribution Company, Inc. for a site plan
amendment to the “M-2,P” Planned Industrial District to allow for
the construction of a 50,000 SF industrial building with a 26 acre
laydown yard, located at 2802-2850 Livingston Lane. The location
in question is actually just north of 3040 Leversee Road.
APPLICANT: Standard Distribution Company, Inc., 1109 Viking Road, Cedar
Falls, IA 50613
GENERAL
DESCRIPTION:
The applicant is requesting to construct a new industrial building
with an accompanying railyard and laydown area.
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
The request would not appear to have a negative impact on the
surrounding neighborhood or land use. The area is mostly
comprised of light industrial development and the new building and
railyard would appear to be in character with that.
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The area is
served by Leversee Road, which is classified as a Collector Street.
Highway 218 is not located far from the site in question and is
classified as a Principal Arterial.
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
There are no recreational trails located within the immediate vicinity
of the site in question. The potential exists for more pedestrian
accommodations to be extended in this area.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
The area in question is zoned “M-2,P” Planned Industrial District
and has been zoned as such since March 13, 1995. Surrounding
land uses and their zoning designations are as follows:
North – Vacant development ground and the Waterloo Regional
Airport, zoned “M-2,P” Planned Industrial District.
South – Existing light industrial development, zoned “M-1” Light
Industrial District.
East – Vacant development ground and the Waterloo Regional
Airport, zoned “M-2,P” Planned Industrial District.
West – Leversee Road and the City of Cedar Falls, zoned “M-1”
Light Industrial District.
DEVELOPMENT
HISTORY:
The area where the new building would be constructed is primarily
undeveloped, however, there is light industrial development to the
south that occurred in the 1960s and 1970s.
BUFFERS/
SCREENING/
LANDSCAPING
REQUIRED:
There is no buffering or screening required as a part of this
request, however, the applicant will need to submit and execute an
approved landscaping plan as part of the of the building permit
process.
DRAINAGE: If approved, the applicant will need to submit a storm water
drainage and detention plan to the Engineering Department prior to
Page 22 of 297
October 3, 2017
10_3_17 SPA M2P - 2850 Livingston Ln - 50000 SF bldg Page 2 of 3
issuance of any building permits.
FLOODPLAIN: No portion of the property is located within a Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 and Panel
Number 0166F, dated July 18, 2011.
PUBLIC /OPEN
SPACES/ SCHOOLS:
There are no schools located within the nearby vicinity.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
There is a 12” sanitary sewer line located in West Airline Highway
to the south at its intersection with Leversee Road. There is a 12”
water main in Leversee Road that stops at the south side of the
railroad tracks, and it is planned to extend that line to service this
new development.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
The Future Land Use Map designates this area as Industrial. The
proposed site plan amendment would be in conformance with the
Comprehensive Plan and Future Land Use Map for this area.
Industrial uses are intensive and generally involve production,
manufacturing, and/or assembly functions.
STAFF ANALYSIS –
ZONING
ORDINANCE:
The “M-2,P” Planned Industrial District is meant to permit the
establishment of industrial parks and to provide for the orderly
planned growth of industries in large tracts of land, allowing greater
flexibility and diversification of land uses and building locations. It is
also intended that such industrial parks be developed to maximize
the potentials of industrial areas and at the same time, minimize any
adverse effect upon adjacent properties in other zoning districts.
Specific things that are looked at in this section of the Zoning
Ordinance is orderly growth and development, traffic patterns and
compatible design and use be preserved.
The proposed structure is 200’x 250’ (50,000 SF) and is situated to
the southwest of the Waterloo Regional Airport. There will be a 26
acre laydown yard surrounding the proposed building with multiple
rail spurs and a future laydown yard of 10.55 acres in the future.
The parking requirements for a warehouse is one parking space for
each two persons regularly employed on the premises. At this time
it is not known how many employees will be at the warehouse,
however, with a 26 acre laydown yard, there appears to be a
sufficient amount of space for parking. The parking area shall be
laid out in an organized form to facilitate proper traffic flow and
movements. It should be noted that all vehicular use areas and
driveways shall be properly paved with either concrete or asphalt.
At this time, no side building elevations have been submitted for
review, however, staff has made contact with the architect and they
are currently working on them.
It should be noted that the parcel in question is listed as 2802 -2850
Livingston Lane, which is the address of the Waterloo Regional
Airport’s terminal, however, the location of the building is located
north of 3040 Leversee Road. When the new building is
Page 23 of 297
October 3, 2017
10_3_17 SPA M2P - 2850 Livingston Ln - 50000 SF bldg Page 3 of 3
constructed, it will have an address listed off of Leversee Road.
STAFF ANALYSIS –
SUBDIVISION
ORDINANCE:
It is anticipated that a plat will be coming in the future to split the
property in question off from the overall airport property.
STAFF
RECOMMENDATION:
Therefore, staff recommends that the request for a site plan
amendment in the “M-2,P” Planned Industrial District to allow for
the construction of a 50,000 SF building be approved, for the
following reasons:
1. The request would appear to be compatible with the
surrounding area, which is primarily comprised of light
industrial 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.
4. The request is in conformance with the Future Land Use Map
and Comprehensive Plan for this area, which designates it as
Industrial.
Subject to the following condition:
1. That the final site plan meets all applicable city code s,
including but not limited to, parking, landscaping, drainage,
etc., except as specifically altered by approval of the site plan
amendment.
Page 24 of 297
P
a
g
e
2
5
o
f
2
9
7
P
a
g
e
2
6
o
f
2
9
7
O.
H
D
O
O
R
MT
L
P
A
N
E
L
PR
E
F
I
N
.
S
H
T
.
M
T
L
.
GU
T
T
E
R
&
D
O
W
N
S
P
O
U
T
EXP. FOUNDATION
H.
M
W
A
L
K
D
O
O
R
MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR
Pa
g
e
2
7
o
f
2
9
7
O.
H
D
O
O
R
PR
E
F
I
N
.
S
H
T
.
M
T
L
.
GU
T
T
E
R
&
D
O
W
N
S
P
O
U
T
EX
P
.
F
O
U
N
D
A
T
I
O
N
H.
M
W
A
L
K
D
O
O
R
MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR
MT
L
P
A
N
E
L
Pa
g
e
2
8
o
f
2
9
7
Pa
g
e
2
9
o
f
2
9
7
Page 30 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n s etting a date of p ublic hearing as Novemb er 20, 2017 to ap p rove the s ale and c o nveyance o f c ity
o wned property loc ated north o f 3040 Levers ee R oad, in the amo unt o f $1.00, to S DC R eal Estate, L.L.C .,
inc luding a Development Agreement, and ins truc t C ity C lerk to p ublish said no tic e.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning S chroeder, Aric Approved 11/1/2017 - 10:18 AM
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 10:39 AM
ATTA C H M EN TS :
Description Type
Development Agrement B ackup M aterial
Lot L ayout B ackup M aterial
S UB J E C T:
R es o lution s etting a date of p ublic hearing as Novemb er 20, 2017 to approve
the sale and c o nveyance o f c ity owned property lo cated no rth of 3040
Leversee R oad, in the amo unt o f $1.00, to S DC R eal Estate, L.L.C .,
inc luding a Development Agreement, and ins truc t C ity C lerk to pub lis h s aid
notice.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:S et d ate of hearing
S ummary S tatement:
T he C ity of Waterlo o is working with S tand ard Dis trib utio n fo r their
expans io n plans in Waterloo. S tand ard Dis tribution will be cons tructing a
new 50,000 s q. ft. d is tribution c enter on the s ite with an estimated value o f
$1.8 million. T he C ity will b e deeding land and offering tax rebates at 5
years at 50% fo r the p ro ject, thro ugh the Development Agreement.
Exp enditure R equired :T I F
S ource o f F und s :T I F funds
P olic y Issue:P o licies 1, 3, and 4 in the S trategic P lan d ealing with ec o nomic develo pment.
Alternative:No t ap p rove
T he C ity ac q uired this land as a part of an FAA R elease in . It has b een
d es ignated and planned fo r ind ustrial development, so this projec t fits well
with the goal and s urrounding land uses in this area.
T he Development Agreement wo uld d eed 27.58 acres to S tand ard
Page 31 of 297
Background I nformatio n:
Dis tributio n fo r the p ro ject. T he projec t will inc lud e two rail spurs to allo w
fo r trans loading capabilities for their bus ines s . T he C ity has b een working
with the C hic ago C entral R ail and Engineers to develo p an overall ind us trial
p ark layout for this s ite and the ad d itional 240 acres available to the no rth,
alo ng Levers ee R o ad , fo r develo p ment. T he C ity is working to ward
cons truction of a pub lic rail line that will allo w fo r private s p urs fo r
b usines s es in the area. S anitary sewer will als o be cons tructed to the s ite and
Water Works is cons tructing a line alo ng Levers ee R o ad to allow for further
d evelopment in the area.
Legal Desc riptio ns :
L O C AT ED W IT HIN R ELEAS E PAR C EL "D", WAT ER LO O
R E G I O NAL AIR P O R T I N T HE S O UT HW ES T 1/4 O F S E C T I O N 5,
T O W NS HI P 89 NO RT H, R ANG E 13 W ES T O F T HE 5th P.M.,
BLAC K HAW K C O UNT Y, I O WA.
MO R E PART I C ULAR LY DES C R I BED AS F O L L O W S :
C O MMENC I NG AT T HE S O UT HW ES T C O R NER O F S AI D
S E C T I O N 5; T HENC E, N0°36'45"E 795.20' ALO NG T HE W E S T
L I NE O F T HE S O U T HW E S T 1/4 O F S AI D S E C T I O N 5; T HENC E,
S 89°23'15"E 33.00' T O A P O I NT O N T HE EAS T R I G HT O F WAY
L I NE O F LEVER S EE R O AD, S AI D P O INT AL S O BEI NG T HE
P O I NT O F BEG I NNI NG ; T HE NC E, N0°36'45"E 1189.63' ALO NG
S AI D EAS T R I G HT O F WAY L I NE TO T HE NO RT HW ES T
C O R NER O F R ELEAS E PAR C E L "D"; T HENC E, S 89°08'07"E
651.72' ALO NG T HE NO R T H L I NE O F S AID R ELEAS E PAR C EL
"D"; T HENC E, S 36°15'04"E 672.24'; T HENC E, S 0°36'45"W 716.50' TO
A P O I NT O N T HE NO R T H R I G HT O F WAY LI NE O F C HI C AG O ,
C E NT R AL & PAC I F I C R AI L R O AD; T HENC E, N89°12'38"W 362.69'
AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE;
T HENC E, W ES T ER LY 424.56' AL O NG T HE AR C O F A 2370.51'
R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D
BEAR I NG O F N86°21'38"W AND A C HO R D D I S TANC E O F 423.99'
AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE;
T HENC E, W ES T ER LY 272.64' AL O NG T HE AR C O F A 2557.26'
R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D
BEAR I NG O F N80°04'51"W AND A C HO R D D I S TANC E O F 272.51'
AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE TO
T HE P O I NT O F BEG I NNI NG C O NTAINI NG 27.58 AC R E S .
S UBJEC T TO EAS EME NT S AND R ES T R I C T I O NS O F R EC O R D,
I F ANY.
Page 32 of 297
P
a
g
e
3
3
o
f
2
9
7
P
a
g
e
3
4
o
f
2
9
7
P
a
g
e
3
5
o
f
2
9
7
P
a
g
e
3
6
o
f
2
9
7
P
a
g
e
3
7
o
f
2
9
7
P
a
g
e
3
8
o
f
2
9
7
P
a
g
e
3
9
o
f
2
9
7
P
a
g
e
4
0
o
f
2
9
7
P
a
g
e
4
1
o
f
2
9
7
P
a
g
e
4
2
o
f
2
9
7
P
a
g
e
4
3
o
f
2
9
7
P
a
g
e
4
4
o
f
2
9
7
P
a
g
e
4
5
o
f
2
9
7
P
a
g
e
4
6
o
f
2
9
7
P
a
g
e
4
7
o
f
2
9
7
P
a
g
e
4
8
o
f
2
9
7
P
a
g
e
4
9
o
f
2
9
7
P
a
g
e
5
0
o
f
2
9
7
O.
H
D
O
O
R
MT
L
P
A
N
E
L
PR
E
F
I
N
.
S
H
T
.
M
T
L
.
GU
T
T
E
R
&
D
O
W
N
S
P
O
U
T
EXP. FOUNDATION
H.
M
W
A
L
K
D
O
O
R
MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR
Pa
g
e
5
1
o
f
2
9
7
O.
H
D
O
O
R
PR
E
F
I
N
.
S
H
T
.
M
T
L
.
GU
T
T
E
R
&
D
O
W
N
S
P
O
U
T
EX
P
.
F
O
U
N
D
A
T
I
O
N
H.
M
W
A
L
K
D
O
O
R
MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR
MT
L
P
A
N
E
L
Pa
g
e
5
2
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n s etting a date of p ublic hearing as Novemb er 20, 2017 to ap p rove the s ale and c o nveyance o f c ity
o wned property loc ated near C halmers Drive and at the No rtheas t corner o f Ans borough and Upto n Avenue,
in the amount o f $15,001, to Village C reek R entals , LL C , inc luding a Development Agreement, and instruc t
C ity C lerk to p ublis h s aid notice.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning S chroeder, Aric Approved 11/1/2017 - 10:55 AM
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 10:59 AM
ATTA C H M EN TS :
Description Type
Upton L ot M ap B ackup M aterial
Development Agreement B ackup M aterial
S UB J E C T:
R es o lution s etting a date of p ublic hearing as Novemb er 20, 2017 to approve
the sale and c o nveyance o f c ity owned property lo cated near C halmers
Drive and at the No rtheas t corner of Ans borough and Upto n Avenue, in the
amo unt of $15,001, to Village C reek R entals , LLC , includ ing a Develop ment
Agreement, and ins truc t C ity C lerk to publis h s aid notice.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:S et d ate of hearing
S ummary S tatement:
T he C ity of Waterlo o is working with Village C reek R entals, LLC to allow
fo r c o nstruc tio n o f residential p ro p erties on the lo ts lo cated at 1005
C halmers,1017 C halmers and a parc el of land at the northeast c o rner of
Up ton Ave and Ans borough Ave with values no les s than $50,000. T he
d eveloper will als o b e c o nstruc ting a 3,250 s q uare fo o t commerc ial building
with a to tal value o f no less than $140,000. Up o n the issuanc e of a
certificate o f oc cup anc y fo r eac h res id ential p ro p erty the d eveloper will
receive $5,000.00 as reimburs ement of the allo c ated portio n o f the P urc has e
P rice and an additio nal $5,000.00 as an ad d itional incentive payment for a
total incentive o f $10,000.00 fo r eac h res idential p ro p erty per the new 657A
lo t d evelop ment polic y.
Exp enditure R equired :$10,000 per res id ential Unit p er new 657A lo t d evelopment p o licy.
S ource o f F und s :Bond
P olic y Issue:P o licies 1, 3, and 4 in the S trategic P lan d ealing with ec o nomic develo pment.
Page 53 of 297
Alternative:No t ap p rove
Background I nformatio n:
T he C ity ac q uired the lots at 1005 C halmers and 1017 C halmers thro ugh the
s tate 657A proc es s for d ilap id ated s tructures . T he C ity p urc hased the lo t
lo cated at the no rtheas t corner of Up ton Ave and Ansborough Avenue in
2015 for develo p mental purp o s es .
Legal Desc riptio ns :
Lo t 6, Bloc k 16 Downing P lace, C ity o f Waterlo o , Iowa (1005 C halmers
Avenue, Waterlo o )
Als o :
Lo t 7 Bloc k 16, Downing P lace, C ity o f Waterlo o , Iowa (1017 C halmers
Avenue, Waterlo o )
Als o :
A p arcel of land lo cated in part of Lo ts "A" and "B" in Hummel Addition to
Waterlo o , I o wa, des c rib ed as fo llo ws:
Beginning at the S outheas t C o rner o f said Lot No. "B"; thenc e no rth 01
d egrees 33 minutes 52 sec o nds Eas t, 100.02 feet along the East line of s aid
Lo t No . "B"; thenc e North 89 degrees 25 minutes 28 s econd s Wes t, 116.68
feet to a po int on the Eas t line o f the Wes t 11 feet o f said Lo t No . "B";
thenc e North 01 Degrees 27 minutes 26 s ec o nds Eas t, 223.92 feet alo ng s aid
line; thence S outh 60 d egrees 38 minutes 58 s ec o nds West, 76.67 feet;
thenc e S outh 01 degrees 22 minutes 05 sec ond s Wes t. 285.67 feet to a p o int
o n the S outh line o f said Lo t No . "A"; thenc e S o uth 89 degrees 25 minutes
28 sec o nds Eas t, 181.91 feet along s aid line to the point o f beginning, exc ept
the Easterly 20 feet thereo f in even width.
Page 54 of 297
Upton Ave
/
City of Waterloo, I ow aNote: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information.
A n s b o r o u g h A v e
Page 55 of 297
P
a
g
e
5
6
o
f
2
9
7
P
a
g
e
5
7
o
f
2
9
7
P
a
g
e
5
8
o
f
2
9
7
P
a
g
e
5
9
o
f
2
9
7
P
a
g
e
6
0
o
f
2
9
7
P
a
g
e
6
1
o
f
2
9
7
P
a
g
e
6
2
o
f
2
9
7
Exhibit “A”
Legal Description
Lot 6, Block 16 Downing Place, City of Waterloo, Iowa (1005 Chalmers Avenue, Waterloo)
Also:
Lot 7 Block 16, Downing Place, City of Waterloo, Iowa (1017 Chalmers Avenue, Waterloo)
Also:
A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa,
described as follows:
Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52
seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25
minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot
No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line;
thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22
minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence
South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of
beginning, except the Easterly 20 feet thereof in even width.
Page 63 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n approving preliminary p lans, spec ific ations , fo rm of contrac t, etc ., s etting d ate o f bid o p ening as
December 14, 2017 and d ate o f pub lic hearing as December 18, 2017 for the c ons tructio n o f a
vehicle/evidenc e s to rage facility, and instruc t the C ity C lerk to pub lis h s aid notic e.
City Council Meeting: 11/6/2017
Prepared: 10/31/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P olice Department K rogh, Frank Approved 10/31/2017 - 12:53 P M
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 10:14 AM
ATTA C H M EN TS :
Description Type
S torage B uilding P lans B ackup M aterial
Notice to B idders B ackup M aterial
S UB J E C T:
R es o lution approving preliminary p lans, s p ec ific ations , fo rm of contrac t,
etc ., setting date of b id opening as Decemb er 14, 2017 and d ate o f public
hearing as Dec ember 18, 2017 for the c ons truc tio n o f a vehicle/evidence
s torage fac ility, and instruc t the C ity C lerk to pub lis h s aid no tic e.
S ub mitted by:S ubmitted By: C ap tain F rank Kro gh
R ec o mmended Ac tio n:
Authorize the P o lice Dep artment to s eek bids fo r the cons tructio n o f a
vehicle /evidenc e s torage fac ility, setting the d ate o f bid o p ening
as Dec ember 14, 2017 and the d ate o f P ublic Hearing o f Dec emb er
18,2017 , and ins truct the C ity C lerk to p ublis h s aid notice.
S ummary S tatement:
T he Waterlo o P olic e Department c urrently s tores vehicles at a sto rage
facility that is not big eno ugh o r ac cessible for wrec kers to enter and put c ars
inside. A new s torage fac ility will be cons truc ted to s tore vehicles that have
b een s eized as evid enc e and some that are waiting to be fo reieted as drug
p ro ceeds until they c an b e disposed o f or s old at auc tion.
Exp enditure R equired :Yes
S ource o f F und s :G eneral O bligation Bo nds
P olic y Issue:N/A
Alternative:
If this building is no t rep laced the c ity c ould be liab le for d amage that can
inc ur b y s to ring thes e vehicles in a sto rage fac ility that is not temp erature
controlled c aus ing d amage to the vehic les lo wering their value.
Waterlo o P o lic e Department seizes vehic les as d rug proc eed s under Io wa
Page 64 of 297
Background I nformatio n:
law. T hese vehic les as well as other vehic les that have b een s eized as
evidence are s tored at a small facility that is not temp erature c o ntro lled and
inac cessible for wrec kers. It s o me times takes s everal years for the c o urts to
d ecided what to do with thes e vehic les and the c ity is liab le to maintain the
vehicles co nditio n. After many years o f s torage in a facility that is no t a
good environment the vehicles cond ition is damaged by the weather and
animals that get into the facility. T he fac ility is als o o wned by a company that
is in c urrent litigatio n with another p arty that c ould c ause us to lo o s e the
ab ility to store vehicle there. If this happens we will have no sto rage fac ility.
We p lan on build ing a s torage fac ility that would be temperature controlled
and s ecure fo r the future red uc ing our liab ility.
Legal Desc riptio ns :N/A
Page 65 of 297
P
a
g
e
6
6
o
f
2
9
7
P
a
g
e
6
7
o
f
2
9
7
P
a
g
e
6
8
o
f
2
9
7
P
a
g
e
6
9
o
f
2
9
7
P
a
g
e
7
0
o
f
2
9
7
P
a
g
e
7
1
o
f
2
9
7
P
a
g
e
7
2
o
f
2
9
7
P
a
g
e
7
3
o
f
2
9
7
P
a
g
e
7
4
o
f
2
9
7
P
a
g
e
7
5
o
f
2
9
7
CITY OF WATERLOO, IOWA
WATERLOO POLICE DEPARTMENT
NOTICE OF PUBLIC HEARING
On Proposed Specifications and the
NOTICE TO BIDDERS
FY 2018 POLICE VEHICLE/EVIDENCE STORAGE FACILITY PROJECT
NON-MANDATORY PRE-BID CONFERENCE
10:00 a.m., December 5th, 2017 at Waterloo Police Department, 715 Mulberry Street, Waterloo,
Iowa.
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City
Hall, Waterloo, Iowa, on December 14th, 2017 until1:00 p.m., for the FY2018 POLICE VEHICLE
/EVIDENCE STORAGE FACILITY PROJECT.
OPENING OF BIDS
All proposals received for FY2018 PROPERTY DIVISION BUILDING PROJECT will be opened in
the First Floor Conference Room in City Hall, Waterloo, Iowa on Thursday, December 14th, 2017
until 1:00 p.m., and the proposals will be referred to the Waterloo Police Department for
recommendation of award.
PUBLIC HEARING
Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed
Specifications and Form of Contract for the FY2018 POLICE VEHICLE/EVIDENCE STORAGE
FACILITY PROJECT at 5:30 p.m. on Monday, December 18th, 2017. The hearing will be held in
the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's
office, 715 Mulberry St. and the Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa,
for public examination. Any person interested may file written objection with the City Clerk before the
date set for the hearing or appear and make objection at the meeting.
SCOPE OF WORK
The Contractor shall provide all labor and materials necessary for the FY2018 POLICE
VEHICLE/EVIDENCE FACILITY PROJECT in accordance with these plans and specifications.
CONTRACT PERIOD
The work shall be completed no later than June 22, 2018.
PROPOSALS SUBMITTED
All bids must be submitted on forms supplied by the Waterloo Police Department.
Page 76 of 297
BID SECURITY REQUIRED
All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an
Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit
Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of
Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified
check, certified share draft, or bid bond will be held as security that the Bidder will enter into a
Contract for the construction work and will furnish the required bonds, and in case the successful
bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security
may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed
by both the bidder and the surety or the surety's agent. Signature of surety's agent must be
supported by accompanying Power of Attorney.
CONTRACT AWARD
The City shall award the Contract to the responsible Bidder(s) whose bid, conforming to the
Specifications, is most advantageous to the City and the Waterloo Leisure Services Commission;
price and other factors considered. The intention is not to award the contract at the time of bid
opening, but to award the contract after review of bids and bidder information by the City and
Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid
opening. The City reserves the right to waive any and all parts of a specific bid.
BOND
The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after
notification of acceptance of the bid, in an amount equal to one hundred percent (100%) of the
contract price. The Bond is to be issued by a responsible surety approved by the City Council and
shall guarantee the faithful performance of the contract and the terms and conditions therein
contained and shall guarantee the prompt payment of all materials and labor and protect and save
harmless the City from claims of any kind caused by the operation of the Contractor.
AFFIRMATIVE ACTION PROGRAM
The successful Bidder and any subcontractors will be required to execute and have approved an
Affirmative Action Program or Update before beginning work on the project, if they have been
awarded an aggregate of $10,000 in City projects during the current calendar year.
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against monthly estimates of the work completed and work approved by
the Waterloo Police Department staff. Final payment will be made thirty one (31) days after
completion of the work and acceptance by the Waterloo Police Department staff. Before final
payment is made for said work, vouchers showing that all subcontractors and workmen and all
persons furnishing materials have been fully paid for such materials and labor will be required.
Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon
order of the City Council of said Waterloo, Iowa, on the
City of Waterloo, Iowa
Kelley Felchle
City Clerk
Page 77 of 297
C ITY OF WATER LOO
Council Communication
R eq uest from Jac k Wils o n fo r a waiver for a c onc rete driveway loc ated at 827 and 829 E. R idgeway Avenue
with the eliminatio n o f the s id ewalk sec tion d ue to the inab ility to meet grade req uirements.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/1/2017 - 11:42 AM
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 11:52 AM
ATTA C H M EN TS :
Description Type
D W Waiver_829-827 E R idgeway Ave C over Memo
S UB J E C T:
R eq uest fro m Jac k Wils o n fo r a waiver fo r a c oncrete driveway loc ated
at 827 and 829 E. R idgeway Avenue with the eliminatio n o f the s id ewalk
s ectio n d ue to the inability to meet grade requirements .
S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer
R ec o mmended Ac tio n:R ecommended fo r approval by the C ity Engineer.
S ummary S tatement:
Attached is a req ues t for cons tructio n of a c o nc rete d riveway with the
elimination of the s idewalk s ectio n d ue to the inability to meet req uirements
o f the d riveway and sidewalk s p ecific atio ns , S ec tion 18, to be lo cated
at 829-827 E R idgeway Avenue.
I have reviewed this req uest and rec o mmend its approval sub ject to the
fo llo wing provis io ns :
1. Work to be p erfo rmed by an app ro ved and b o nded contrac tor.
2. A permit is to b e obtained fro m the offic e of the C ity Engineer prior
to cons truc tion.
3. All wo rk s hall b e performed und er the s up ervision of the C ity
Engineer at no cos t to the C ity of Waterloo.
$7.00 cash fo r the p urpose o f rec o rd ing this waiver and a c o p y o f the legal
d es cription have b een p ro vided to the C ity C lerk’s offic e.
Background I nformatio n:
T his is a waiver of the C ity’s S tand ard S p ec ific ations for Driveway
C o nstruc tio n. It requires C ounc il approval s o that it c an b e rec o rd ed to the
p ro p erty, s o that the waiver requirements run with the p ro p erty ownership.
Page 78 of 297
Legal Desc riptio ns :
UNP L AT T ED W LO O W ES T S 248 F T O F T HAT PAR T S E 1/4 S EC
35 T 89 R 13 C O M AT P T 223.7 F T E O F S W C O R S E S AI D S EC T H
N TO P T 30 F T S O F S LI NE BL K 10 LINC O LN HG T S & 224.6 F T
E O F W LI NE S E T H E 224.6 F T T H S TO P T O N S L I NE S E C 223.7
F T E O F BEG T H W TO B E G E XC W 75 F T & EXC E 75 F T ALS O
E XC S T R EET
Page 79 of 297
P
a
g
e
8
0
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R eq uest from I o wa Heartland Habitat fo r Humanity for a waiver fo r a conc rete d riveway lo cated at 721 Eureka
S treet and authorizing the c o nstruc tion of a c onc rete driveway and plac ing a driveway or s id ewalk on c ity right-
o f-way on an unimp ro ved s treet.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/1/2017 - 11:40 AM
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 11:52 AM
ATTA C H M EN TS :
Description Type
D W Waiver_721 E ureka S t.C over Memo
S UB J E C T:
R eq uest fro m Io wa Heartland Habitat for Humanity fo r a waiver for a
concrete d riveway lo cated at 721 Eureka S treet and authorizing the
cons truction of a c o nc rete d riveway and plac ing a d riveway o r sidewalk on
city right-o f-way on an unimproved street.
S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer
R ec o mmended Ac tio n:
R ecommend fo r approval by the C ity Engineer.
T his waiver is needed d ue to the plac ement o f a d riveway o r sidewalk on
C ity right-of-way o n an unimp ro ved s treet.
I have reviewed this req uest and rec o mmend its approval sub ject to the
fo llo wing provis io ns .
S ummary S tatement:
1.Work to b e performed b y an ap p ro ved and bond ed c o ntracto r.
2.A p ermit is to b e obtained fro m the o ffic e of the C ity Engineer p rio r to
cons truction.
3.All wo rk s hall be p erfo rmed under the s upervis io n o f the C ity Engineer
and at no c o s t to the C ity o f Waterloo.
$7.00 cash fo r the p urpose o f rec o rd ing this waiver and a c o p y o f the legal
d es cription have b een p ro vided to the C ity C lerk's offic e.
Legal Desc riptio ns :L O T 12 I RVING S Q UAR E ADDI T I O N
Page 81 of 297
P
a
g
e
8
2
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R eq uest from Hawkeye C ommunity C o llege for a waiver fo r a concrete driveway lo cated at 6315 Hammond
Avenue and autho rizing the cons tructio n o f a c o nc rete d riveway and p lacing a d riveway o r sidewalk o n city
right-of-way on an unimproved street.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/1/2017 - 11:41 AM
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 11:53 AM
ATTA C H M EN TS :
Description Type
D W Waiver_6315 H ammond Ave C over Memo
S UB J E C T:
R eq uest fro m Hawkeye C ommunity C ollege for a waiver fo r a concrete
d riveway loc ated at 6315 Hammond Avenue and autho rizing the cons truc tion
o f a concrete d riveway and p lacing a driveway o r s idewalk o n city right-o f-
way on an unimp ro ved s treet.
S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer
R ec o mmended Ac tio n:
R ecommend fo r approval by the C ity Engineer.
T his waiver is needed d ue to the plac ement o f a d riveway o r sidewalk on
C ity right-of-way o n an unimp ro ved s treet.
I have reviewed this req uest and rec o mmend its approval sub ject to the
fo llo wing provis io ns .
S ummary S tatement:
1.Work to b e performed b y an ap p ro ved and bond ed c o ntracto r.
2.A p ermit is to b e obtained fro m the o ffic e of the C ity Engineer p rio r to
cons truction.
3.All wo rk s hall be p erfo rmed under the s upervis io n o f the C ity Engineer
and at no c o s t to the C ity o f Waterloo.
$7.00 cash fo r the p urpose o f rec o rd ing this waiver and a c o p y o f the legal
d es cription have b een p ro vided to the C ity C lerk's offic e.
Legal Desc riptio ns :
UNP L AT T ED W LO O W ES T PART S W NW S EC 23 T 88 R 13 BEG
AT A P T 875.8 F T N O F S W C O R NW 1/4 T H N 130 F T T H E 200 F T
T H S 130 F T T H W 200 F T TO P T O F BEG EX C HW Y
Page 83 of 297
P
a
g
e
8
4
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R eq uest from Lind a G aul fo r a waiver to us e c olored concrete on the conc rete ap p ro ach loc ated at 4238
S uburb an Drive.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric R ejected 11/1/2017 - 11:45 AM
E ngineering R oss, T racia Approved 11/1/2017 - 11:44 AM
E ngineering T horson, E ric Approved 11/1/2017 - 12:34 P M
C lerk O ffice H igby, Nancy Approved 11/1/2017 - 12:43 P M
ATTA C H M EN TS :
Description Type
D W Waiver_4238 S uburban D r C over Memo
S UB J E C T:R eq uest fro m Lind a G aul fo r a waiver to us e c olored concrete on the
concrete ap p ro ach loc ated at 4238 S ub urb an Drive.
S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer
R ec o mmended Ac tio n:R ecommendatio n o f approval by the C ity Engineer.
S ummary S tatement:
T his waiver is needed b ecaus e ho meo wner is wanting to us e
colored co nc rete in the c o nc rete ap p ro ac h.
I have reviewed this req uest and rec o mmend its approval sub ject to the
fo llo wing provis io ns :
1. Work to be p erfo rmed by an app ro ved and b o nded contrac tor.
2. A permit is to b e obtained fro m the offic e of the C ity Engineer prior
to
cons truction.
3. All work s hall be p erfo rmed under the s upervis io n o f the C ity
Engineer and at no c o s t to the C ity o f Waterlo o .
$7.00 cash fo r the p urpose o f rec o rd ing this waiver and a c o p y o f the legal
d es cription have b een p ro vided to the C ity C lerk’s offic e.
Legal Desc riptio ns :F I R S T ADDI T I O N TO S UBUR BAN HEIG HT S LO T 12
Page 85 of 297
P
a
g
e
8
6
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n approving preliminary p lans, spec ific ations , b id doc uments, etc ., s etting a date of b id opening as
No vember 16, 2017, and setting a date of pub lic hearing as Novemb er 20, 2017, fo r the F lo w Eq ualization
F acility O verflow C onnec t to S atellite W P C F, C ity C o ntract No. 880, and ins truct C ity C lerk to p ublish
notice.
City Council Meeting: 11/6/2017
Prepared: 11/2/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Waste Management H oambrecker, S teven Approved 11/2/2017 - 5:37 P M
C lerk O ffice E ven, L eAnn Approved 11/2/2017 - 5:39 P M
S UB J E C T:
R es o lution approving preliminary p lans, s p ec ific ations , b id doc uments, etc .,
s etting a date of b id opening as No vember 16, 2017, and setting a date o f
p ublic hearing as Novemb er 20, 2017, for the F lo w Eq ualizatio n F acility
O verflo w C onnec t to S atellite W P C F, C ity C ontrac t No . 880, and ins truc t
C ity C lerk to p ublis h no tic e.
S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Management S ervic es
R ec o mmended Ac tio n:To ap p rove s pec ificatio ns, etc. and taking of b id s , and s et the date of bid
o p ening and hearing.
S ummary S tatement:T he bid opening and pub lic hearing d ates have b een changed .
Exp enditure R equired :Ap p ro x $700,000
S ource o f F und s :S R F
Page 87 of 297
C ITY OF WATER LOO
Council Communication
Motio n to rec eive and p lace o n file the 2016 Aud it o f the Waterlo o Water Wo rks .
City Council Meeting: 11/6/2017
Prepared: 10/18/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Water Works M ahler, M att Approved 10/18/2017 - 5:45 P M
C lerk O ffice H igby, Nancy Approved 10/27/2017 - 10:58 AM
ATTA C H M EN TS :
Description Type
2016 Audit R eport - Waterloo Water Works C over Memo
S UB J E C T:Motio n to rec eive and p lace o n file the 2016 Aud it o f the Waterlo o Water
Works .
S ub mitted by:S ubmitted By: Matt Mahler, Water Works G eneral Manager
R ec o mmended Ac tio n:Motio n to rec eive and p lace o n file the 2016 Aud it o f the Waterlo o Water
Works .
S ummary S tatement:
T he 2016 Audit R eport of the Waterloo Water Works was rec eived and filed
b y the Water Wo rks Board o f Trus tees at their regular meeting of O c tob er
18, 2017.
Exp enditure R equired :No C ity funds are required for this ac tion.
S ource o f F und s :Waterlo o Water Wo rks o p erating funds, p rimarily generated fro m water
s ales .
Page 88 of 297
WATERLOO WATER WORKS
A COMPONENT UNIT OF THE CITY OF WATERLOO, IOWA)
FINANCIAL STATEMENTS AND
SUPPLEMENTARY INFORMATION
YEARS ENDED DECEMBER 31, 2016 AND 2015
S
CliftonLarsonAllen LLP
S
J)
WEALTH ADVISORY I OUTSOURCING
Page 89 of 297
PAGE INTENTIONALLY LEFT BLANK.
1
Page 90 of 297
WATERLOO WATER WORKS
TABLE OF CONTENTS
YEARS ENDED DECEMBER 31, 2016 AND 2015
INTRODUCTORY SECTION
ORGANIZATION SCHEDULE 1
FINANCIAL SECTION
INDEPENDENT AUDITORS' REPORT 2
MANAGEMENT'S DISCUSSION AND ANALYSIS 4
FINANCIAL STATEMENTS
STATEMENTS OF NET POSITION 9
STATEMENTS OF REVENUES, EXPENSES, AND CHANGE IN NET POSITION 11
STATEMENTS OF CASH FLOWS 12
NOTES TO BASIC FINANCIAL STATEMENTS 14
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF EMPLOYER CONTRIBUTIONS FOR WATERLOO WATER WORKS
PENSION PLAN 34
SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS
FOR WATERLOO WATER WORKS PENSION PLAN 35
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION FOR WATERLOO
WATER WORKS PENSION PLAN 36
IPERS SCHEDULE OF THE WATER WORKS' PROPORTIONATE SHARE OF THE
NET PENSION LIABILITY 37
IPERS SCHEDULE OF WATER WORKS' CONTRIBUTIONS 38
SUPPLEMENTARY INFORMATION
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN NET
POSITION -BUDGET AND ACTUAL (CASH BASIS) 39
NOTE TO SUPPLEMENTARY INFORMATION 40
OTHER REPORTS SECTION
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 41
SCHEDULE OF FINDINGS AND RESPONSES 43
Page 91 of 297
PAGE INTENTIONALLY LEFT BLANK.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
I
0
0
Page 92 of 297
INTRODUCTORY SECTION
Page 93 of 297
PAGE INTENTIONALLY LEFT BLANK.
Page 94 of 297
WATERLOO WATER WORKS
ORGANIZATION SCHEDULE
DECEMBER 31, 2016
Board of Trustees Title Term Expires
Terry Kuntz Chair 1/12/2018
Mary Potter Vice-Chair 1/12/2022
Scott Wienands Trustee 2/3/2020
Administration
Dennis Clark Secretary, Treasurer, and General
Manager
Rick Wilberding Assistant Treasurer and Distribution
Manager
Mary Ratkovich Assistant Treasurer and Office Manager
Tim Robbins Water Production Manager
1)
Page 95 of 297
PAGE INTENTIONALLY LEFT BLANK.
Page 96 of 297
FINANCIAL SECTION
Page 97 of 297
PAGE INTENTIONALLY LEFT BLANK.
Page 98 of 297
CliftonLarsonAllen LLP
CLAconnect.com
Clifton LarsonAllen
INDEPENDENT AUDITORS' REPORT
Board of Trustees
Waterloo Water Works
Waterloo, Iowa
Report on the Financial Statements
We have audited the accompanying financial statements of Waterloo Water Works (the Water Works),
a component unit of the City of Waterloo, Iowa as of and for the years ended December 31, 2016 and
2015, and the related notes to the financial statements, which collectively comprise the Water Works'
basic financial statements as listed in the table of contents.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with accounting principles generally accepted in the United States of America; this includes
the design, implementation, and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatement, whether due to fraud or
error.
Auditors'Responsibility
Our responsibility is to express an opinion on these financial statements based on our audit. We
conducted our audit in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to the financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Those standards require that we
plan and perform the audit to obtain reasonable assurance about whether the financial statements are
free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the financial statements. The procedures selected depend on the auditors' judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the Water
Works' preparation and fair presentation of the financial statements in order to design audit procedures
that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the Water Works' internal control. Accordingly, we express no such opinion. An audit
also includes evaluating the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluating the overall presentation
of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the
financial position of Waterloo Water Works as of December 31, 2016 and 2015, and the respective
changes in its financial position and cash flows thereof for the years then ended in accordance with
accounting principles generally accepted in the United States of America.
A member of
Nexia 2)
International
Page 99 of 297
Board of Trustees
Waterloo Water Works
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the
management's discussion and analysis, schedule of employer contributions for Waterloo Water Works
pension plan, schedule of changes in net pension liability and related ratios for Waterloo Water Works
pension plan, (PERS schedule of the Water Works' proportionate share of the net pension liability, and
IPERS schedule of Water Works' contributions, as listed in the table of contents, be presented to
supplement the basic financial statements. Such information, although not a part of the basic financial
statements, is required by the Governmental Accounting Standards Board who considers it to be an
essential part of financial reporting for placing the basic financial statements in an appropriate
operational, economic, or historical context. We have applied certain limited procedures to the required
supplementary information in accordance with auditing standards generally accepted in the United
States of America, which consisted of inquiries of management about the methods of preparing the
information and comparing the information for consistency with management's responses to our
inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic
financial statements. We do not express an opinion or provide any assurance on the information
because the limited procedures do not provide us with sufficient evidence to express an opinion or
provide any assurance.
Other Information
Our audit was conducted for the purpose of forming opinions on the financial statements that
collectively comprise the Water Works' basic financial statements. The Statement of Revenues,
Expenditures and Changes in Net Position — Budget and Actual (Cash Basis) is presented for purposes
of additional analysis and is not a required part of the basic financial statements.
The Statement of Revenues, Expenditures and Changes in Net Position — Budget and Actual (Cash
Basis) has not been subjected to the auditing procedures applied in the audit of the basic financial
statements, and accordingly, we do not express an opinion or provide any assurance on it.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated
September 8, 2017, on our consideration of Waterloo Water Works' internal control over financial
reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and
grant agreements and other matters. The purpose of that report is to describe the scope of our testing
of internal control over financial reporting and compliance and the result of that testing, and not to
provide an opinion on internal control over financial reporting or on compliance. That report is an
integral part of an audit performed in accordance with Government Auditing Standards in considering
Waterloo Water Works' internal control over financial reporting and compliance.
Ll>i
CliftonLarsonAllen LLP
Cedar Rapids, Iowa
September 8, 2017
3)
Page 100 of 297
WATERLOO WATER WORKS
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEARS ENDED DECEMBER 31, 2016 AND 2015
The management's discussion and analysis is designed to offer readers of the Water Works' financial
statements a narrative overview and analysis of the financial activities of the Water Works for the years
ended December 31, 2016 and 2015. Readers are encouraged to read the Management's Discussion
and Analysis in conjunction with the Water Works' financial statements.
Financial Highlights
The Water Works' assets exceeded its liabilities by $34,567,102 as of December 31, 2016. Of this
amount, approximately $7,723,273 may be used to meet ongoing obligations to the customers and
creditors. The remaining net position consists of the Water Works' net investment in capital assets.
The operating revenue of the Water Works exceeded operating expenses by $2,541,799 and
2,396,126 for the years ended December 31, 2016 and 2015, respectively.
As of December 31, 2016, the Water Works' current assets exceeded total current liabilities by
10,325,208.
Overview of the Financial Statements
Management's discussion and analysis is intended to serve as an introduction to the Water Works'
basic financial statements. The Water Works is a single purpose component unit of the City of
Waterloo, Iowa (City). The Water Works provides water to its customers at rates designed to recover
the cost of providing the water, including costs associated with installation and maintenance of water
pumping, storage and transmission systems. As a result, the Water Works prepares financial
statements as a single enterprise fund in a manner similar to a private-sector business.
The statements of net position present information on all of the Water Works' assets, deferred outflows
of resources, liabilities, and deferred inflows of resources, with the difference between the two reported
as net position. Over time, increases or decreases in net position may serve as a useful indicator of
whether the financial position of the Water Works is improving or deteriorating.
The statements of revenue, expenses, and changes in net position present information showing how
the Water Works' net position changed during the year. All changes in net position are reported as soon
as the underlying event giving rise to the change occurs, regardless of the timing of the related cash
flows. Thus, revenue and expenses are reported in this statement for some transactions that will result
in cash flows in the following year.
The statements of cash flows present information showing major sources and uses of cash by four
types of activities. The activities are operating; noncapital financing; capital and related financing; and
investing. Also included is a schedule which reconciles income from operations to net cash provided by
operating activities.
The basic financial statements can be found on pages 9 through 13 of this report.
4)
I Page 101 of 297
WATERLOO WATER WORKS
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEARS ENDED DECEMBER 31, 2016 AND 2015
Overview of the Financial Statements (Continued)
The notes to the financial statements provide additional information that is essential to a full
understanding of the data provided in the basic financial statements. Notes are considered to be an
integral part of financial statements prepared in accordance with generally accepted accounting
principles. The notes to the financial statements can be found on pages 14 through 33 of this report.
Financial Analysis
As noted earlier, net position may serve over time as a useful indicator of the Water Works' financial
position.
The Water Works' assets and deferred outflows exceeded its liabilities and deferred inflows by
34,567,102, $31,295,876, and $31,580,863 on December 31, 2016, 2015, and 2014, respectively.
The following is a summary of the composition of net position as of December 31:
Table 1
STATEMENT OF NET POSITION
2016 2015 2014
Current Assets 12,414,366 $ 9,371,930 $ 8,085,247
Noncurrent, Noncapital Assets 419,155 456,476 431,134
Capital Assets, Net of Accumulated Depreciation 26,910,951 26,086,148 25,291,492
Total Assets 39,744,472 35,914,554 33,807,873
Deferred Outflows of Resources 911,448 669,216
Current and Other Liabilities 2,275,314 1,681,334 1,811,010
Noncurrent Liabilities 3,761,480 3,529,032 416,000
Total Liabilities 6,036,794 5,210,366 2,227,010
Deferred Inflows of Resources 52,024 77,528
Net Position:
Net Investment in Capital Assets 26,843,829 26,086,148 24,875,492
Unrestricted 7,723,273 5,209,728 6,705,371
Total Net Position 34,567,102 $ 31,295,876 $ 31,580,863
Net investment in capital assets is the largest portion of the Water Works' net position. At
December 31, 2016, the net investment in capital assets is 77.7%, of total net position, and reflects its
net investment in capital assets (e.g., land, buildings, machinery, equipment, meters, and water supply
system). The Water Works uses these capital assets to provide water and services to the customers;
consequently, these assets are not available for future spending.
Note: 2014 information was not restated for the implementation of GASB Statement No. 68 and No.
71.
5)
Page 102 of 297
WATERLOO WATER WORKS
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEARS ENDED DECEMBER 31, 2016 AND 2015
Financial Analysis (Continued)
The restricted component of net position represents resources that are subject to external restrictions
on how they may be used.
The unrestricted component of net position may be used to meet the Water Works' ongoing obligations
to citizens and creditors. It is the Water Works' intention to use these assets for future operating
purposes and capital asset acquisition and improvements.
The following is a summary of the changes in net position for the years ended December 31:
Table 2
STATEMENT OF ACTIVITIES
2016 2015 2014
Total Operating Revenue 9,216,787 $ 8,643,669 $ 8,288,056
Total Operating Expenses 6,674,988 6,247,543 6,722,355
Operating Income 2,541,799 2,396,126 1,565,701
Nonoperating Income 728,101 440,296 462,488
Nonoperating Expenses 12,330) 3,952) 116,096)
Income Before Contributions 3,257,570 2,832,470 1,912,093
Contributions 13,656 9,023 407,873
Change in Net Position 3,271,226 2,841,493 2,319,966
Net Position- Beginning of Year 31,295,876 31,580,863 29,260,897
Prior Period Adjustment-GASB 68/71 3,126,480)
Net Position -Beginning of Year, as Restated 31,295,876 28,454,383 29,260,897
Net Position-End of Year 34,567,102 $ 31,295,876 $ 31,580,863
Operating revenue is the Water Works' primary source of revenue and is generated from water sales
and other services to customers. For 2016, operating revenue increased $573,118 from 2015 due
primarily to a 5% increase in water rates as well as an almost 1% increase in gallons sold. For 2015,
operating revenue increased $355,613 from 2014 due primarily to a 10% increase in water rates, which
was partially offset by an almost 3% decrease in gallons sold.
Operating expenses totaled $6,674,988 for 2016, a $427,445 increase from 2015 due primarily to
increased expenses for salaries and benefits, contractual services, and commodities. Operating
expenses totaled $6,247,543 for 2015, a $474,812 decrease from 2014 due primarily to the decrease in
salaries and benefits expense as well as depreciation expense. Operating expenses included
depreciation expense of $766,730, $661,769, and $670,812 for the years ended December 31, 2016,
2015, and 2014, respectively.
6)
Page 103 of 297
WATERLOO WATER WORKS
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEARS ENDED DECEMBER 31, 2016 AND 2015
Financial Analysis (Continued)
Note: 2014 information was not restated for the implementation of GASB Statement No. 68 and No.
71.
Net nonoperating revenue (expense) includes interest income and expense, losses on disposals of
assets and rent from leasing space for billboards and antennas. Net nonoperating revenue (expense)
increased by $279,427 between 2016 and 2015. Rent income totaled $171,242, $151,791, and
139,865 for the years ended December 31, 2016, 2015, and 2014, respectively.
Capital contributions totaled $13,656, $9,023, and $407,873 for the years ended December 31, 2016,
2015 and 2014, respectively. These contributions are received as "front footage" fees as property is
developed with resulting taps into the Water Works' water distribution system and from private parties
installing water main infrastructure in new developments. The amount of capital contributions varies
year to year depending on the nature of projects and timing of work being performed.
Water services contributed to the City of Waterloo were $297,276, $350,273, and $271,896 for the
years ended December 31, 2016, 2015, and 2014, respectively, are equal to the value of metered
water provided to the City at no charge. Operating revenue includes an amount equal to the transfer.
The Water Works also provides unmetered water to the City at no charge. However, no reasonable
estimate of the value of the unmetered water can be made. Therefore, the value of unmetered water is
not included in the financial statements.
Capital Assets
The Water Works' investment in capital assets totaled $26,910,951, $26,086,148, and $25,291,492 as
of December 31, 2016, 2015, and 2014, respectively, (net of accumulated depreciation of$11,764,876,
11,062,238, and $10,400,469 as of December 31, 2016, 2015, and 2014, respectively). This
investment in capital assets includes land; buildings and improvements; water supply and distribution
systems; meters; machinery; and equipment.
Major capital asset construction and acquisition during 2016 included the following:
Continued purchase and implementation of new CIS billing software.
Replacement of Water Works fleet vehicle and rubber tired backhoe.
Water main extensions serving new developments within the service area.
Water main replacement in association with Iowa DOT's reconstruction of U.S. Highway 63 from
Newell Street to Donald Street.
Engineering services in association with Iowa DOT's reconstruction of U.S. Highway 63 from
Jefferson Street to Newell Street.
Water main replacement of piping along Ansborough Avenue at Highway 20.
Water main extension along Shaulis Road in Waterloo.
Water main replacement in association with the City of Waterloo's annual Street Reconstruction
projects.
Upgrade and repair of well house buildings and other facilities.
7)
Page 104 of 297
WATERLOO WATER WORKS
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEARS ENDED DECEMBER 31, 2016 AND 2015
Capital Assets (Continued)
Major capital asset construction and acquisition during 2015 included the following:
Purchasing, data migration, testing, and initial implementation of new CIS billing software.
Completed Installation of new water main and casing to restore crossing at US Hwy 20 and
Ansborough Avenue.
Water main replacement in associated with City's annual Street Reconstruction projects.
Upgrade and repair of well house buildings and other facilities.
Additional information about the Water Works' capital assets can be found in Note 4 to the financial
statements.
Long-Term Debt
Total Water Works' long-term debt was $-0-, $-0-, and $416,000 as of December 31, 2016, 2015 and
2014, respectively.
Additional information about the Water Works' long-term debt can be found in Notes 5 to the financial
statements.
Economic Factors and Next Year's Budget and Rates
The Water Works' primary source of revenue is water sales. Water rates were not increase for the 2017
fiscal year. Budgeted revenue has been adjusted to reflect the stagnant rate.
Operating expense for 2017 is expected to increase over the same expenditures in 2016 due to payroll
step increases for new employees, insurance premium increases, contributions to the pension plan and
other operating expense increases. Capital expenditures are expected to remain at a high level as the
Water Works is planning to continue work on the US Highway 63 Jefferson Street to Franklin Street and
Franklin Street to Newell Street water main replacement projects; development and integration of new
Supervisory Control and Data Acquisition system; implementation of Phase 2 and Phase 3 of the CIS
billing software and associated interfaces; replacement of water main along Progress Avenue from
University Avenue to Cadillac Drive, along Hanna Boulevard from Maxine Avenue to Joy Drive and
along Dysart Road; the Well No. 21 variable frequency drive and replacement standby power project;
the University Avenue water main replacement engineering and planning; the Northeast Drive water
main extension project; Phase 1 of the Automatic Meter Reading and Advanced Meter Infrastructure
integration project; the Pumping Station building maintenance project; implementation of GIS mapping
and software systems; and the office reconfiguration and remodel; all at an estimated cost of
approximately$7,669,850.
CONTACTING THE WATER WORKS' FINANCIAL MANAGEMENT
This financial report is designed to provide a general overview of the Water Works' finances for all of
those with an interest in the Water Works' finances. Questions concerning and of the information
provided in this report or request for additional financial information should be addressed to the
Waterloo Water Works, 325 Sycamore Street, Waterloo, Iowa 50703 or by phone at 319-232-6280.
8)
Page 105 of 297
PAGE INTENTIONALLY LEFT BLANK.
Page 106 of 297
FINANCIAL STATEMENTS
Page 107 of 297
WATERLOO WATER WORKS
STATEMENTS OF NET POSITION
DECEMBER 31, 2016 AND 2015
2016 2015
ASSETS AND DEFERRED OUTFLOWS OF RESOURCES
CURRENT ASSETS
Cash and Cash Equivalents 9,975,070 $ 6,668,998
Certificates of Deposit 399,648 380,849
Accounts Receivable(Net of Allowance) 1,512,310 1,805,442
Accrued Interest 4,976 6,515
Inventories 402,543 405,354
Prepaid Expenses 119,819 104,772
Total Current Assets 12,414,366 9,371,930
OTHER ASSETS
Restricted Certificates of Deposit 186,156 199,151
Repair Assessments Receivable 232,999 257,325
Total Other Assets 419,155 456,476
CAPITAL ASSETS
Land 314,543 314,543
Buildings and Improvements 1,781,153 1,772,617
Water Supply System 6,654,168 6,600,068
Distribution System 24,136,212 23,578,452
Meters and Equipment 1,173,594 1,173,594
Machinery and Equipment 3,497,270 3,313,454
Office Equipment 89,054
Construction In Progress 1,029,833 395,658
Total, at Cost 38,675,827 37,148,386
Less:Accumulated Depreciation 11,764,876) 11,062,238)
Total Capital Assets 26,910,951 26,086,148
Total Assets 39,744,472 35,914,554
DEFERRED OUTFLOWS OF RESOURCES
Pension Related Deferred Outflows 911,448 669,216
9)
Page 108 of 297
WATERLOO WATER WORKS
STATEMENTS OF NET POSITION (CONTINUED)
DECEMBER 31, 2016 AND 2015
2016 2015
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES,AND NET POSITION
CURRENT LIABILITIES
Accounts Payable 173,243 $266,156
Retainage Payable 51,375 38,513
Accrued Payroll and Benefits 125,787 92,455
Due to City of Waterloo:
Garbage Fees 359,347 239,235
Sewer Fees 1,052,585 580,505
Storm Sewer Fees 203,615 142,996
Due to Other Governments 53,292 54,815
Current Maturities of Long-Term Liabilities 69,914 67,508
Total Current Liabilities 2,089,158 1,482,183
LIABILITIES PAYABLE FROM RESTRICTED ASSETS 186,156 199,151
LONG-TERM LIABILITIES
Net Pension Liability 3,761,480 3,529,032
Total Liabilities 6,036,794 5,210,366
DEFERRED INFLOWS OF RESOURCES
Pension Related Deferred Inflows 52,024 77,528
NET POSITION
Net Investment in Capital Assets 26,843,829 26,086,148
Unrestricted 7,723,273 5,209,728
Total Net Position 34,567,102 $ 31,295,876
10)
Page 109 of 297
WATERLOO WATER WORKS
STATEMENTS OF REVENUES, EXPENSES, AND CHANGE IN NET POSITION
YEARS ENDED DECEMBER 31, 2016 AND 2015
0
0
2016 2015
OPERATING REVENUES
Water Sales 8,661,083 $ 8,149,853
Metered Water Provided to City of Waterloo 297,276 350,273
Fire Protection 70,436 19,776
Billing and Collection Fees 187,992 123,767
Total Operating Revenue 9,216,787 8,643,669
OPERATING EXPENSES
Salaries and Benefits 3,535,114 3,264,574
Contractual Services 850,692 863,479
Commodities 1,225,176 1,107,448
Services Contributed to the City of Waterloo 297,276 350,273
Depreciation 766,730 661,769
Total Operating Expenditures 6,674,988 6,247,543
OPERATING INCOME 2,541,799 2,396,126
NONOPERATING INCOME(EXPENSE)
Other Sales and Services 484,265 253,333
Interest Income 72,594 35,172
Interest Expense 3,952)
Loss on Disposal of Capital Assets 12,330)
Billboard and Antenna Rent 171,242 151,791
Total Nonoperating Income(Expense) 715,771 436,344
Income Before Contributions 3,257,570 2,832,470
CAPITAL CONTRIBUTIONS
Capital Contributions 13,656 9,023
CHANGE IN NET POSITION 3,271,226 2,841,493
Net Position - Beginning of Year 31,295,876 28,454,383
NET POSITION -END OF YEAR 34,567,102 $ 31,295,876
0
See accompanying Notes to Basic Financial Statements.
11)
Page 110 of 297
WATERLOO WATER WORKS
STATEMENTS OF CASH FLOWS
YEARS ENDED DECEMBER 31, 2016 AND 2015
2016 2015
CASH FLOWS FROM OPERATING ACTIVITIES
Cash Received from Customers 9,223,974 $ 8,150,078
Cash Paid to or on Behalf of Employees 3,534,664) 3,451,853)
Cash Paid to Suppliers 2,235,277) 1,858,884)
Net Cash Provided by Operating Activities 3,454,033 2,839,341
CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES
Cash Collected on Behalf of Primary Government 13,919,705 11,497,047
Cash Collected on Behalf of Other Governments 454,876 648,177
Cash Paid to Primary Government(Less 1% Collection Fee) 13,213,033) 11,677,818)
Cash Paid to Other Governments(Less Collection Fee) 417,852) 558,599)
Cash Received from Other Services 391,857 117,644
Proceeds from Sale of Capital Assets 2,200
Billboard and Antenna Rent 171,242 151,791
Net Cash Provided by Noncapital
Financing Activities 1,308,995 178,242
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES
Contributed Capital 13,656 9,023
Repayment of Long-Term Liabilities 416,000)
Interest Paid on Capital Loan Notes 3,952)
Acquisition of Capital Assets 1,538,941) 1,359,823)
Net Cash Used by Investing Activities 1,525,285) 1,770,752)
CASH FLOWS FROM INVESTING ACTIVITIES
Proceeds from the Maturities of Certificates of Deposit 350,000 133,279
Purchases of Certificates of Deposit 355,804) 133,279)
Interest Received 74,133 30,543
Net Cash Provided by Investing Activities 68,329 30,543
NET INCREASE IN CASH AND CASH EQUIVALENTS 3,306,072 1,277,374
Cash and Cash Equivalents-Beginning of Year 6,668,998 5,391,624
CASH AND CASH EQUIVALENTS -END OF YEAR 9,975,070 $ 6,668,998
See accompanying Notes to Basic Financial Statements.
12)
Page 111 of 297
WATERLOO WATER WORKS
STATEMENTS OF CASH FLOWS (CONTINUED)
YEARS ENDED DECEMBER 31, 2016 AND 2015
2016 2015
RECONCILIATION OF OPERATING INCOME
TO CASH PROVIDED BY OPERATING ACTIVITIES
Operating Income 2,541,799 $ 2,396,126
Adjustments to Reconcile Operating Income
to Net Cash Provided by Operating Activities:
Depreciation 766,730 661,769
Increase) Decrease in Assets and Deferred Outflows:
Accounts Receivable and Assessment Receivable 317,458 143,418)
Inventory 2,811 101,680
Prepaid Expenses 15,047) 11,716
Pension Related Deferred Outflows 242,232) 512,545)
41/Increase(Decrease) in Liabilities and Deferred Inflows:
Accounts and Retainage Payable 147,173) 14,194)
Accrued Payroll and Fringe 33,332 4,051)
Compensated Absences 2,406 5,908
Customer Deposits 12,995) 100
Net Pension Liability 232,448 445,721
Liabilities Payable from Restricted Assets 12,841
Pension Related Deferred Inflows 25,504) 122,312)
Net Cash Provided by Operating Activities 3,454,033 $ 2,839,341
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION
Interest Paid 3,952
SUPPLEMENTAL DISCLOSURE OF NONCASH
CAPITAL AND RELATED FINANCING ACTIVITIES
Capital Asset Additions Included in Accounts Payable 67,122 $ 96,602
S
S
S
S
S
S
See accompanying Notes to Basic Financial Statements.
13)
Page 112 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Organization and Operation
The Waterloo Water Works (the Water Works) is a component unit of the City of Waterloo,
Iowa (the City). The Water Works provides water to customers in the cities of Waterloo, Elk
Run Heights, Hudson, Raymond and adjacent areas of Black Hawk County. The Water
Works' rates are set by its governing board. The Water Works is governed by a three-
member board of trustees. Board members are appointed by the City Council to six-year
terms. The financial statements presented here are also included in the financial statements
of the City.
The accounting policies of the Water Works conform to accounting principles generally
accepted in the United States of America.
Financial Reporting Entity
Component units are legally separate entities for which the Water Works (primary
government) is financially accountable, or for which the exclusion of the component unit
would render the financial statements of the primary government misleading. The criteria
used to determine if the primary government is financially accountable for a component unit
include whether or not the primary government appoints the voting majority of the potential
component unit's governing body, is able to impose its will on the potential component unit,
is in a relationship of financial benefit or burden with the potential component unit, or is
fiscally depended upon by the potential component unit.
Based on these criteria, there are no organizations considered to be component units of the
Water Works.
Basis of Accounting
The accrual basis of accounting is used by the Water Works. Under this method, revenues
are recorded when earned and expenses are recorded when the related liability is incurred.
The Water Works distinguishes operating revenues and expenses from other items.
Operating revenues and expenses generally result from providing services and producing
and delivering goods in connection with ongoing operations. The principal operating revenue
of the Water Works is charges to customers for sales of water. Operating expenses for
proprietary funds include the cost of sales and services, administrative expenses, and
depreciation on capital assets. All revenues and expenses not meeting this definition are
reported as nonoperating revenues and expenses.
When both restricted and unrestricted resources are available for use, it is the Water Works'
policy to use restricted resources first, and then unrestricted resources as they are needed.
14)
Page 113 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Measurement Focus
The accounting and reporting treatment applied to the capital assets and long-term liabilities
are determined by its measurement focus. Water Works is accounted for on a full accrual,
economic resources basis. This means that all assets, deferred outflows, liabilities, and
deferred inflows (whether current or noncurrent) associated with their activity are included
on their statement of net position. The Water Works' net position is reported in three parts:
1) net investment in capital assets; (2) restricted net position; and (3) unrestricted net
position.
Capital Assets
Capital Assets are recorded at cost, less depreciation calculated using the straight-line
method over the assets' estimated useful lives as follows:
Estimated
Tvpe Useful Lives
Buildings and Improvements 10 to 99 Years
Water Supply System 10 to 99 Years
Distribution System 10 to 60 Years
Meters and Equipment 5 to 63 Years
Machinery and Equipment. 3 to 40 Years
Cash and Cash Equivalents
For purposes of the statement of cash flows, cash equivalents are defined as short-term,
highly liquid investments that are both:
A. Readily convertible to known amounts of cash, or
B. So near their maturity that they present insignificant risk of changes in value because
of changes in interest rates.
The Water Works' policy considers cash equivalents to be those that meet the above criteria
and have maturities of three months or less when purchased.
Cash and cash equivalents consist of checking, savings, certificates of deposit, and cash on
hand.
Accounts Receivable
Water sales are estimated for the period from the previous billing to year-end and are
included in revenue and accounts receivable. At December 31, 2016, there is an allowance
for doubtful accounts of $384,439 reflected in the financial statements and $266,777 at
December 31, 2015. Accounts receivable are uncollateralized.
I
15)
I Page 114 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
S
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Inventories
Inventory is stated at average cost.
Deferred Outflows of Resources
Deferred outflows of resources represent a consumption of net position that applies to a
future period(s) and will not be recognized as an outflow of resources (expense) until then.
Deferred outflows of resources consist of unrecognized items not yet charged to pension
expense and contributions from the employer after the measurement date but before the
end of the employer's reporting period. The Water Works has one type of deferred outflow of
resources related to pensions. This pension related deferred outflow of resources will be
recognized as expense in subsequent years.
Compensated Absences
In accordance with the Water Works' policy, all employees accrue vacation on their
anniversary year date and not on a calendar year-end. No vacation time can be carried over
after the anniversary date.
Sick leave is accrued on a calendar year-end. Each employee accrues 56 hours per year.
Employees are allowed to carry over 75% into the next year and the remaining 25% is paid
out. The accrued vacation and sick pay balance is $69,914 and $67,508 at December 31,
2016 and 2015, respectively.
Pensions
For purposes of measuring the net pension liability, deferred outflows/inflows of resources
related to pensions, pension expense, information about the fiduciary net position of the
Iowa Public Employee's Retirement System (IPERS) and Waterloo Water Works Pension
Plan and additions to/deductions from fiduciary net position have been determined on the
same basis as they are reported by the pension plans. For this purpose, benefit payments
including refunds of employee contributions) are recognized when due and payable in
accordance with the benefit terms. Investments are reported at fair value.
Deferred Inflows of Resources
Deferred inflows of resources represent an acquisition of net position that applies to a future
period(s) and will not be recognized as an inflow of resources (revenue) until that time. The
Water Works has one type of deferred inflow of resources, which is related to pension plans
as discussed in Note 6.
S
16)
Page 115 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Net Position
Net position represents the difference between assets, deferred outflows of resources,
liabilities, and deferred inflows of resources in the proprietary financial statements and is
classified into three components:
a) Net investment in capital assets — This component consists of capital assets net of
accumulated depreciation and reduced by the amount of outstanding balance of
bonds or other borrowings that are attributable to the acquisition, construction, or
improvement of those assets.
b) Restricted net position — Net position with constraints placed on the use either by
1) external groups such as creditors, grantors, or laws or regulations of other
governments; or 2) law through constitutional provisions or enabling legislation are
reflected in this component.
c) Unrestricted net position — All other net position that does not meet the definition of
restricted" or"net investment in capital assets."
Reclassification
Certain 2015 amounts have been reclassified to conform to 2016 presentation. The
reclassifications did not affect the Water Works' change in net position.
S
NOTE 2 CASH AND INVESTMENTS
The Water Works' deposits in banks at December 31, 2016 and 2015 were entirely covered
by federal depository insurance or by the State Sinking Fund in accordance with Chapter
12C of the Code of Iowa. This chapter provides for additional assessments against the
depositories to insure there will be no loss of public funds.
The Water Works is authorized by statute to invest public funds in obligations of the United
States government, its agencies and instrumentalities; certificates of deposit or other
evidences of deposit at federally insured depository institutions approved by the Board of
Trustees; prime eligible bankers acceptances; certain high rated commercial paper;
perfected repurchase agreements; certain registered open-ended management investment
companies; certain joint investment trusts; and warrants or improvement certificates of a
drainage district.
The Water Works had no investments meeting the disclosure requirements of Governmental
Accounting Standards Board Statement No. 72.
S
S
S
17)
Page 116 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 2 CASH AND INVESTMENTS (CONTINUED)
At June 30, the Water Works' cash and investments consisted of cash, certificates of
deposit, and investments in external investment pools as follows:
2016 2015
Cash on Hand 1,800 $ 1,800
Certificates of Deposit 585,804 580,000
Cash and Cash Equivalents 8,444,833 5,139,554
Other Cash Equivalents-Iowa Public Agency Investment Trust 1,528,437 1,527,644
Total Cash and Deposits 10,560,874 $ 7,248,998
Credit Risk
Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to
the holder of the investment. This is measured by the assignment of a rating by a nationally
recognized statistical rating organization. Water Works does not have a formal investment
policy for credit risk.
The Iowa Public Agency Investment Trust (IPAIT) is rated AAAm by Standard & Poor's
S&P).
Custodial Credit Risk
For an investment, custodial credit risk is the risk that, in the event of the failure of the
counterparty, the Water Works will not be able to recover the value of its investments or
collateral securities that are in the possession of an outside party. At December 31, 2016 all
investments and collateral were listed in the name of the Water Works. Water Works does
not have a formal investment policy for custodial credit risk.
Fair Value Measurements
The Water Works uses fair value measurements to record fair value adjustments to certain
assets and liabilities and to determine fair value disclosures. The Water Works follows an
accounting standard that defines fair value, establishes a framework for measuring fair
value, establishes a fair value hierarchy based on the quality of inputs used to measure fair
value, and requires expanded disclosures about fair value measurements. In accordance
with this standard, the Water Works has categorized its investments, based on the priority of
the inputs to the valuation technique, into a three-level fair value hierarchy. The fair value
hierarchy gives the highest priority to quoted prices in active markets for identical assets or
liabilities (Level 1) and the lowest priority to unobservable inputs (Level 3). If the inputs used
to measure the financial instruments fall within different levels of the hierarchy, the
categorization is based on the lowest level input that is significant to the fair value
measurement of the instrument. Financial assets and liabilities recorded on the combined
statements of financial position are categorized based on the inputs to the valuation
techniques as follows:
Level 1 — Financial assets and liabilities are valued using inputs that are unadjusted
quoted prices in active markets accessible at the measurement date of identical financial
assets and liabilities.
18)
Page 117 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 2 CASH AND INVESTMENTS (CONTINUED)
Fair Value Measurements (Continued)
Level 2 — Financial assets and liabilities are valued based on quoted prices for similar
assets, or inputs that are observable, either directly or indirectly for substantially the full
term through corroboration with observable market data.
Level 3 — Financial assets and liabilities are valued using pricing inputs which are
unobservable for the asset, inputs that reflect the reporting entity's own assumptions
about the assumptions market participants and would use in pricing the asset.
Assets measured at fair value on a recurring basis:
2015
Level 1 Level 2 Level 3 Total
Securities
Investments Valued at Net Asset Value(NAV) 1,527,644
1,527,644
2016
Level 1 Level 2 Level 3 Total
Securities
Investments Valued at Net Asset Value(NAV) 1,528,437
1,528,437
IPAIT is an external investment pool that is managed to maintain a dollar-weighted average
portfolio maturity of no greater than 397 days and seeks to maintain a constant net asset
value (NAV) per share of $1.00. The Pool elects to measure its investments at amortized
cost in accordance with accounting statements issued by the Government Accounting
Standards Board.
The Water Works reports its investments in the IPAIT at the NAV per share, the fair value
established by the IPAIT, and is included in one share class as follow:
2015
Net Asset Unfunded
Value Commitments
IPAIT Diversified Portfolio 1,527,644 $
2016
Net Asset Unfunded
Value Commitments
IPAIT Diversified Portfolio 1,528,437 $
The Diversified Portfolio has no redemption requirements.
19)
Page 118 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 3 RESTRICTED CERTIFICATES OF DEPOSIT
Restricted certificates of deposit represent monies set aside to provide security for deposits
and advances. The composition of these funds as of December 31, 2016 and 2015 was as
follows:
Restricted Corresponding Restricted
Assets Liability Net Position
2016
Customer Deposits(Certificates of Deposit)186,156 $ 186,156 $
2015
Customer Deposits(Certificates of Deposit)199,151 $ 199,151 $
NOTE 4 CAPITAL ASSETS
A summary of capital asset activity for the year ended December 31, 2016 and 2015 is as
follows:
Beginning Ending
Balance Retirements/Balance
1/1/2016 Additions Transfers 12/31/2016
Capital Assets, Not Being Depreciated
Land 314,543 $ 314,543
Construction in Progress 395,658 1,139,343 505,168)1,029,833
Total Capital Assets, Not
Being Depreciated 710,201 1,139,343 505,168)1,344,376
Capital Assets, Being Depreciated
Buildings and improvements 1,772,617 8,536 1,781,153
Water Supply System 6,600,068 54,100 6,654,168
Distribution System 23,578,452 557,760 24,136,212
Meters and Equipment 1,173,594 1,173,594
Machinery and Equipment 3,313,454 351,492 78,622)3,586,324
Total Capital Assets,
Being Depreciated 36,438,185 971,888 78,622) 37,331,451
Less Accumulated Depreciation
Buildings and improvements 813,118) 29,317) 842,435)
Water Supply System 3,292,053)196,144) 3,488,197)
Distribution System 4,759,806) ' (276,071) 5,035,877)
Meters and Equipment 718,817) 25,293) 744,110)
Machinery and Equipment 1,478,444)239,905) 64,092 1,654,257)
Total Accumulated Depreciation (11,062,238)766,730) 64,092 (11,764,876)
Net Capital Assets,
Being Depreciated 25,375,947 205,158 14,530) 25,566,575
Net Capital Assets 26,086,148 $ 1,344,501 $ (519,698) $ 26,910,951
20)
Page 119 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
0
0
NOTE 4 CAPITAL ASSETS (CONTINUED)
0
Beginning Ending
Balance Retirements/Balance
1/1/2015 Additions Transfers 12/31/2015
ID Capital Assets, not Being Depreciated
Land 307,000 $ 7,543 $ 314,543
Construction in Progress 899,431 1,385,733 (1,889,506) 395,658
Total Capital Assets, not
Being Depreciated 1,206,431 1,393,276 (1,889,506) 710,201
Capital Assets, Being Depreciated
Buildings and improvements 1,760,202 12,415 1,772,617
Water Supply System 6,594,178 5,890 6,600,068
0 Distribution System 22,876,149 702,303 23,578,452
Meters and Equipment 1,173,594 1,173,594
Machinery and Equipment 2,081,407 1,232,047 3,313,454
Total Capital Assets,
Being Depreciated 34,485,530 1,952,655 36,438,185
Less Accumulated Depreciation
Buildings and improvements 784,349) 28,769) 813,118)
Water Supply System 3,077,011)215,042) 3,292,053)
Distribution System 4,504,487)255,319) 4,759,806)
Meters and Equipment 691,199) 27,618) 718,817)
Machinery and Equipment 1,343,423)135,021) 1,478,444)
Total Accumulated Depreciation (10,400,469)661,769) 11,062,238)
Net Capital Assets,
Being Depreciated 24,085,061 1,290,886 25,375,947
Net Capital Assets 25,291,492 $ 2,684,162 $(1,889,506) $ 26,086,148
NOTE 5 LONG-TERM DEBT
A summary of long-term debt activity for the year ended December 31, 2016 and 2015 is as
follows:
Beginning Ending
Balance Balance Due Within
Description 1/1/2016 Additions Retirements 12/31/2016 One Year
Compensated Absences 67,508 $ 151,018 $ 148,612 $ 69,914 $ 69,914
Total Debt 67,508 $ 151,018 $ 148,612 $ 69,914 $ 69,914
Beginning Ending
Balance Retirements/ Balance Due Within
Description 1/1/2015 Additions Refunded 12/31/2015 One Year
Water Revenue Capital
Loan Note, Series 2014 $ 416,000 $ 416,000 $
Compensated Absences 61,600 120,260 114,352 67,50867,508
Total Debt 477,600 $ 120,260 $ 530,352 $ 67,508 $ 67,508
21)
Page 120 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 5 LONG-TERM DEBT(CONTINUED)
Debt indentures required that certain covenants relating to the maintenance and efficiency
of the operating system, the rate structure, restrictions on borrowings, leasing, or disposition
of assets and minimum insurance coverage be adhered to. During 2015, the Water Works
was in compliance with required covenants.
NOTE 6 DEFINED BENEFIT PENSION PLANS
The Water Works contributes to the Waterloo Water Works Pension Plan (WWW Plan) and
the Iowa Public Employees' Retirement System (IPERS).
Waterloo Water Works Pension Plan
Plan Description: The Waterloo Water Works Pension Plan is a single-employer defined
benefit plan administered by the Pension Committee of Waterloo Water Works. The WWW
Plan provides retirement benefits to plan members and beneficiaries. Cost-of-living
adjustments are provided to members and beneficiaries at the discretion of the Committee.
The WWW Plan does not issue a stand-alone financial report. The actuarial report on the
WWW Plan is held at the Water Works' office.
Benefits Provided: The WWW Plan provides retirement benefits to plan members and their
beneficiaries. Retirement benefits are calculated using the highest three consecutive years
of pensionable earnings during the last ten years of employment. The accrued benefit is
determined to be 60% of average compensation, reduced if years of service is less than
thirty years. Normal retirement age is 65. Married members may receive a benefit for life;
however, members are required by law to receive a reduced qualified joint and survivor
benefit, unless formally elected otherwise. In no event shall pensionable earnings exceed
the limitation specified in Section 401(a)(17) of the Internal Revenue Code.
At December 31, the following employees were covered by the WWW Plan:
2016 2015
Inactive Plan Members and Beneficiaries Currently
Receiving Benefits 34 32
Inactive Plan Members Entitled to but not yet
Receiving Benefits 2 4
Active Plan Members 17 17
Total Members 53 53
Contributions: The contribution requirements of the Plan members (employees) and the
Water Works are established and may be amended by the Water Works. Mandatory
contributions to the plan are equal to the IPERS rate effective January 1 of the previous
year. Prior to 2010, plan members contributions were not required and the Water Works
made all the required contributions. Beginning January 1, 2010, plan members were
required to contribute one-third of the full contribution rate of 4.1% and the Water Works
paid the rest of the required contribution. As of January 1, 2011, plan members were
required to contribute two-thirds of the full contribution. As of January 1, 2011, plan
members were required to contribute two-thirds of the full contribution rate of 4.3% and
beginning January 1, 2012, plan members were required to contribute all of the mandatory
contributions. The vesting period also changed from 12 years to 4 years as of January 1,
2010.
22)
Page 121 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Waterloo Water Works Pension Plan (Continued)
Net Pension Liability: The Water Works' net pension liability was measured as of
December 31, 2016 and 2015, and the total pension liability used to calculate the net
pension liability was determined by an actuarial valuation as of those dates. The total
pension liability as of December 31, 2016 and 2015 was determined using the following
actuarial assumptions, applied to all periods included in the measurement:
Rate of Inflation 2.50% Per Annum
Rates of Salary Increases 3.00% Per Annum
Long-Term Investment Rate of Return 8.00%, Compounded Annually, Net of
Investment Expenses
The actuarial assumptions used in the December 31, 2016 and 2015 valuations were based
on the results of an actuarial experience study for the periods of January 1, 2016 through
December 31, 2016 and January 1, 2015 through December 31, 2015, respectively. In
addition, mortality rates were based on 2017 and 2016 IRS Combined Mortality Tables as
appropriate.
The long-term expected rate of return on WWW Plan investments was determined using a
building block method in which expected future real rates of return (expected returns, net of
pension plan investment expense and inflation) are developed for each major asset class.
These expected future real rates of return are combined to produce the long-term expected
rate of return by weighting the expected future real rates of return by the target asset
allocation percentage and by adding expected inflation. Best estimates of arithmetic real
rates of return for each major asset class included in the WWW Plan's target asset
allocation as of December 31, 2016 and December 31, 2015 are summarized in the
following tables:
2016
Long-Term Expected
Asset Class Target Allocation Real Rate of Return
Cash and Fixed Income 11% 2.50%
Equity Large Cap 63% 5.50%
Equity Mid Cap 12% 6.00%
Equity Small Cap 12% 6.00%
Real Estate 2% 5.00%
Cash 0% 0.00%
Total 100%
23)
Page 122 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Waterloo Water Works Pension Plan (Continued)
2015
Long-Term Expected
Asset Class Target Allocation Real Rate of Return
Cash and Fixed Income 7% 2.50%
Equity Large Cap 60% 5.50%
Equity Mid Cap 20% 6.00%
Equity Small Cap 11% 6.00%
Real Estate 2% 5.00%
Cash 0% 0.00%
Total 100%
Discount Rate: The discount rate used to measure the total pension liability was 8.00% for
the years ended December 31, 2016 and 2015. The projection of cash flows used to
determine the discount rate assumed that WWW Plan member contributions will be made at
the current contribution rate and that contributions will be made at rates equal to the
differences between actuarially determined contribution rates and the member rate. Based
on those assumptions the WWW Plan's fiduciary net position was projected to be available
to make all projected future benefit payments of current plan members. Therefore, the long-
term expected rate of return on pension plan investments was applied to all periods of
projected benefit.
Changes in Water Works' Net Pension Liability: Changes in the Water Works' net pension
liability for the year ended December 31, 2016 were as follows:
Total Plan Fiduciary Net
Pension Net Pension
Liability Position Liability
Balance-Beginning of Year 7,927,445 $ 5,105,369 $ 2,822,076 1
Changes for the Year:
Service Cost 53,886 53,886
Interest 616,847 616,847
Difference Between Expected and
Actual Experience 164,103 164,103
Changes in Assumptions 13,141 13,141
Contributions-Employer 489,448 489,448)
Contributions-Member 60,713 60,713)
Net Investment Income 281,674 281,674)
of Employee Contributions 541,494) 541,494)
Balance-End of Year 8,233,928 $ 5,395,710 $ 2,838,218
24)
Page 123 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Waterloo Water Works Pension Plan (Continued)
Changes in the Water Works' net pension liability for the year ended December 31, 2015
were as follows:
Total Plan Fiduciary Net
Pension Net Pension
Liability Position Liability
Balance-Beginning of Year 7,800,622 $ 5,241,322 $ 2,559,300
Changes for the Year:
Service Cost 53,008 53,008
Interest 607,558 607,558
Difference Between Expected and
Actual Experience 28,037) 28,037)
Changes in Assumptions 12,600 12,600
Contributions-Employer 481,000 481,000)
Contributions-Member 59,043 59,043)
Contributions-Nonemployer Contributing Member
Net Investment Income 157,690) 157,690
Benefit Payments Including Refunds
of Employee Contributions 518,306) 518,306)
Administrative Expense
Balance-End of Year 7,927,445 $ 5,105,369 $ 2,822,076
Sensitivity of the Net Pension Liability to Changes in the Discount Rate. The following
presents the net pension liability calculated using the discount rate of 8.00%, as well as
what the net pension liability would be if it were calculated using a discount rate that is 1%
lower, or 1% higher than the current rate for the year ended December 31, 2016 and 2015:
1% Discount 1%
Decrease Rate Increase
7.00% 8.00% 9.00%
2016 Net Pension Liability 3,496,932 $ 2,838,218 $ 2,228,297
2015 Net Pension Liability 3,543,475 $ 2,822,076 $216,852
I
25)
Page 124 of 297
II
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Net Pension Liabilities, Pension Expense, and Deferred Outflows of Resources, and
Deferred Inflows of Resources Related to Pensions
As of December 31, 2016 and 2015, the Water Works' recognized pension expense of
396,172 and $291,775, respectively. At December 31, 2016, the Water Works' reported
deferred outflows of resources and deferred inflows of resources related to pensions from
the following sources:
Deferred Outflows Deferred Inflows
of Resources of Resources
Differences Between Expected and Actual Experience $109,402 $ 9,345
Changes in Assumptions 12,961
Net Difference Between Projected and Actual Earnings
on Pension Plan Investments 448,401
570,764 $ 9,345
At December 31, 2015, the Water Works' reported deferred outflows of resources and
deferred inflows of resources related to pensions from the following sources:
Deferred Outflows Deferred Inflows
of Resources of Resources
Differences Between Expected and Actual Experience $ 18,691
Changes in Assumptions 8,400
Net Difference Between Projected and Actual Earnings
on Pension Plan Investments 462,294
470,694 $ 18,691
Amounts reported as deferred outflows of resources and deferred inflows or resources will
be recognized in pension expense as follows:
2017 Pension 2016 Pension
Year Ending December 31, Expense Amount Expense Amount
2016 110,428
2017 194,929 110,428
2018 200,075 115,573
2019 140,995 115,574
2020 25,420
Total 561,419 $452,003
26)
Page 125 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Iowa Public Employees' Retirement System (IPERS)
Plan Description: IPERS membership is mandatory for employees of the Water Works,
except for those covered by another retirement system. Employees of the Water Works are
provided with pensions through a cost sharing multiple employer defined benefit pension
plan administered by Iowa Public Employees' Retirement System (IPERS). IPERS issues a
stand-alone financial report which is available to the public by mail at 7401 Register Drive
P.O. Box 9117, Des Moines, Iowa 60306-9117 or at www.ipers.org.
IPERS benefits are established under Iowa Code chapter 97B and the administrative rules
thereunder. Chapter 97B and the administrative rules are the official plan documents. The
following brief description is provided for general informational purposes only. Refer to the
plan documents for more information.
Pension Benefits: A regular member may retire at normal retirement age and receive
monthly benefits without an early-retirement reduction. Normal retirement age is age 65, any
time after reaching age 62 with 20 or more years of covered employment, or when the
member's years of service plus the members age at the last birthday equals or exceeds 88,
whichever comes first. These qualifications must be met on the member's first month of
entitlement to benefits. Members cannot begin receiving retirement before age 55. The
formula used to calculate a Regular member's monthly IPERS benefit includes:
A multiplier(based on years of service)
The member's highest five-year average salary, except members with service
before June 30, 2012, the highest three-year average salary as of that date will be
used if it is greater than the highest five-year salary.
If a member retires before normal retirement age, the member's monthly retirement benefit
will be permanently reduced by an early-retirement reduction. The early-retirement reduction
is calculated differently for service earned before and after July 1, 2012. For service earned
before July 1, 2012, the reduction is 0.25% for each month that the member receives
benefits before the member's earliest normal retirement age. For service earned starting
July 1, 2012, the reduction is 0.50% for each month the member receives benefits before
age 65.
Pension Benefits (continued): Generally once a member selects a benefit option, a monthly
benefit is calculated and remains the same for the rest of the member's lifetime. However, to
combat the effects of inflation, retirees who began receiving benefits prior to July 1990
receive a guaranteed dividend with their regular November benefit payments.
Disability and Death Benefits: A vested member who is awarded federal Social Security
disability or Railroad Retirement disability benefits is eligible to claim IPERS benefits
regardless of age. Disability benefits are not reduced for early retirement. If a member dies
before retirement, the member's beneficiary will receive a lifetime annuity or a lump-sum
payment equal to the present actuarial value of the member's accrued benefit or calculated
with a set formula, whichever is greater. When a member dies after retirement, death
benefits depend on the benefit option the member selected at retirement.
27)
Page 126 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Iowa Public Employees Retirement System (IPERS) (Continued)
Contributions: Contribution rates are established by (PERS following the annual actuarial
valuation, which applies IPERS' Contribution Rate Funding Policy and Actuarial
Amortization Method. Statute limits the amount rates can increase or decrease each year to
1 percentage point. (PERS Contribution Rate Funding Policy requires the actuarial
contribution rate be determined using the "entry age normal" actuarial cost method and the
actuarial assumptions and the methods approved by the (PERS Investment Board. The
actuarial contribution rate covers normal cost plus the unfunded actuarial liability payment
based on a 30-year amortization period. The payment to amortize the unfunded actuarial
liability is determined as a level percentage of payroll based on the Actuarial Amortization
Method adopted by the Investment Board.
In 2016 and 2015, pursuant to the required rate, Regular members contributed 5.95% of
covered payroll and the Water Works contributed 8.93% of covered payroll for a total rate of
14.88%.
The Water Works' Contributions to IPERS for the years ended December 31, 2016 and
2015 were $96,378 and $90,911, respectively.
At December 31, 2016 and 2015, the Water Works' liability for its proportionate share of the
net pension liability totaled $923,262 and $706,956, respectively. The net pension liability
was measured as of June 30, 2016, and the total pension liability used to calculate the net
pension liability was determined by an actuarial valuation as of that date. The Water Works'
proportion of the net pension liability was based on the Water Works' share of contributions
to the pension plan relative to the contributions of all IPERS participating employers. At
June 30, 2016, the Water Works' collective proportion was 0.014805%, which was an
increase of 0.000585% from its proportion measured as of June 30, 2015 of 0.014220%.
For the years ended December 31, 2016 and 2015, the Water Works recognized pension
expense of $145,873 and $90,305, respectively. At December 31, 2016, the Water Works
reported deferred outflows of resources and deferred inflows of resources related to
pensions from the following sources:
Deferred Outflows Deferred Inflows
of Resources of Resources
Differences Between Expected and Actual Experience 8,159 $ 11,019
Changes in Assumptions 14,086
Net Difference Between Projected and Actual Earnings
on Pension Plan Investments 163,196 31,660
Changes in Proportion and Differences Between Water
Works Contributions and Proportionate Share of
Contributions 107,243
Differences Between Actual and Proportionate Share
of Employee Contributions
Water Works Contributions Subsequent to the
Measurement Date 48,000
340,684 $ 42,679
28)
Page 127 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Iowa Public Employees Retirement System (IPERS) (Continued)
At December 31, 2015, the Water Works reported deferred outflows of resources and
deferred inflows of resources related to pensions from the following sources:
Deferred Outflows Deferred Inflows
of Resources of Resources
Differences Between Expected and Actual Experience 10,681 $
Changes in Assumptions 19,464
Net Difference Between Projected and Actual Earnings
on Pension Plan Investments 58,837
Changes in Proportion and Differences Between Water
Works Contributions and Proportionate Share of
Contributions 113,377
Differences Between Actual and Proportionate Share
of Employee Contributions
Water Works Contributions Subsequent to the
Measurement Date 55,000
198,522 $ 58,837
il •
For December 31, 2016 and 2015, $48,000 and $55,000, respectively, was reported as
deferred outflows of resources related to pensions resulting from the Water Works
contributions subsequent to the measurement date will be recognized as a reduction of the
net pension liability in the year ended December 31, 2016. Other amounts reported as
deferred outflows of resources and deferred inflows of resources related to pensions will be
recognized in pension expense as follows:
2017 Pension 2016 Pension
Year Ending December 31, Expense Amount Expense Amount
2016 11,037
2017 54,161 11,037
2018 54,161 11,037
2019 92,999 47,839
2020 47,682 3,735
2021 1,002
Total 250,005 $ 84,685
There were no nonemployer contributing entities at (PERS.
29)
Page 128 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Iowa Public Employees Retirement System (IPERS) (Continued)
Actuarial Assumptions: The total pension liability in the June 30, 2016 and 2015 actuarial
valuations was determined using the following actuarial assumptions applied to all periods
included in the measurement, as follows:
Rate of Inflation 3.00% Per Annum
Effective June 30, 2014)
Rates of Salary Increases 4.00%-17.00% Per Annum
Effective June 30, 2010)Depending on Years of Service
Long-Term Investment Rate of Return 7.50%, Compounded Annually, Net of
Effective June 30, 1996)Investment Expenses.
Wage Growth 4.00% per annum based on 3.00% inflation
Effective June 30, 1990)and 1.00% real wage inflation
The actuarial assumptions used in the June 30, 2016 and 2015 valuations were based on
the results of actuarial experience studies with dates corresponding to those listed above.
Mortality rates were based on the RP-2000 Mortality Table for Males or Females, as
appropriate, with adjustments for mortality improvements based on Scale AA.
The long-term expected rate of return on pension plan investments was determined using a
building-block method in which best-estimate ranges of expected future real rates (expected
returns, net of investment expense and inflation) are developed for each major asset class.
These ranges are combined to produce the long-term expected rate of return by weighting
the expected future real rates of return by the target asset allocation percentage and by
adding expected inflation. The target allocation and best estimates of arithmetic real rates of
return for each major asset class for December 31, 2016 and 2015 are summarized in the
following tables:
2016
Long-Term
Expected Real
Asset Class Asset Allocation Rate of Return
Core Plus Fixed Income 28% 2.04%
Domestic Equity 24% 6.29%
International Equity 16% 6.75%
Private Equity/Debt 11% 11.32%
Real Estate 8% 3.48%
Credit Opportunities 5% 3.63%
US TIPS 5% 1.91%
Other Real Assets 2% 6.24%
Cash 1% 0.71)%
Total 100%
30)
Page 129 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Iowa Public Employees Retirement System (IPERS) (Continued)
2015
Long-Term
Expected Real
Asset Class Asset Allocation Rate of Return
US Equity 23% 6.31%
III
Non US Equity 15% 6.76%
Private Equity 13% 11.34%
Real Estate 8% 3.52%
Core Plus Opportunities 28% 2.06%
Credit Opportunities 5% 3.67%
US TIPS 5% 1.92%
Other Real Assets 2% 6.27%
Cash 1% 0.69)%
Total 100%
Discount Rate: The discount rate used to measure the total pension liability was 7.5% for
the years ended December 31, 2016 and 2015. The projection of cash flows used to
determine the discount rate assumed that employee contributions will be made at the
contractually required rate and that contributions from the Water Works will be made at
contractually required rates, actuarially determined. Based on those assumptions, the
pension plan's fiduciary net position was projected to be available to make all projected
future benefit payments of current active and inactive employees. Therefore, the long-term
rate of return on pension plan investments was applied to all periods of projected benefit
payments to determine the total pension liability.
Sensitivity of the Water Works'Proportionate Share of the Net Pension Liability to Changes
in the Discount Rate: The following presents the Water Works' proportionate share of the
net pension liability calculated using the discount rate of 7.5%, as well as what the Water
Works' proportionate share of the net pension liability would be if it were calculated using a
discount rate that is 1% lower (6.5%) or 1% higher(8.5%) than the current rate.
1% Discount 1%
Decrease Rate Increase
6.50% 7.50% 8.50%
Water Work's 2016 Proportionate
Share of the Net Pension Liability $ 1,493,708 $923,262 $441,792
Water Work's 2015 Proportionate
Share of the Net Pension Liability $ 1,237,753 $706,956 $258,925
IPERS' Fiduciary Net Position: Detailed information about the pension plan's fiduciary net
position is available in the separately issued IPERS financial report which is available on
IPERS' website www.ipers.org.
S
31)
0 Page 130 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
II •
I .
NOTE 6 DEFINED BENEFIT PENSION PLANS (CONTINUED)
Iowa Public Employees Retirement System (IPERS) (Continued)
Payables to IPERS: At December 31, 2016 and 2015, the Water Works reported payables
to the defined benefit pension plan of $7,633 and $7,043, respectively, for legally required
employee contributions which had been withheld from employee wages but not yet remitted
to (PERS.
The total pension expense is as follows for the years ended December 31, 2016 and 2015:
111
Pension Plan 2016 2015
PERS Pension Expense 145,873 $ 90,305
Waterloo Water Works Pension Expense 396,172 291,775
542,045 $382,080
NOTE 7 PROPERTY UNDER LEASE AGREEMENTS
The Water Works is the lessor of space on towers under various operating lease
agreements. The lease agreements expire at various times through 2018. Current monthly
rent income is approximately $13,000 per month.
At December 31, 2016 future minimum lease payments receivable under the noncancelable
operating leases are as follows:
Year Ending December 31, Amount
2017 114,770
2018 109,067
2019 87,395
2020 73,707
Total 384,939
NOTE 8 RELATED PARTY TRANSACTIONS
The Water Works provides customer file maintenance, meter reading, billing and collecting
services for the City of Waterloo's (City) Sanitation (Garbage) and Sanitary Sewer
Enterprise Funds and keeps 1% of cash collected as a service fee. During 2016 and 2015,
the Water Works recorded $140,087 and $118,504, respectively, as City service fees and
forwarded approximately $13,900,000 and $11,500,000 during 2016 and 2015, respectively,
to the City. As of December 31, 2016 and 2015, the Water Works' payables to the City were
1,615,547 and $962,736, for garbage, sewer, and storm water collections, respectively.
The Water Works pays office expenses (data processing charges, postage, and other
expenses of the billing cycle) and passes approximately one-half of those costs on to the
City. During 2016 and 2015, the Water Works received approximately $92,000 and $72,000,
respectively, from the City which reduced office expenses.
32)
Page 131 of 297
WATERLOO WATER WORKS
NOTES TO BASIC FINANCIAL STATEMENTS
DECEMBER 31, 2016 AND 2015
NOTE 8 RELATED PARTY TRANSACTIONS (CONTINUED)
The Water Works also provides metered and unmetered water to the City at no charge.
Metered water furnished to the City is valued at equivalent sales rates and is included in the
financial statements as water sales revenue and water services contributed to the City of
Waterloo. During the years ended December 31, 2016 and 2015, the Water Works provided
metered water to the City valued at approximately$297,000 and $350,000, respectively.
NOTE 9 RISK MANAGEMENT
The Water Works is exposed to various risks of loss related to torts; theft of, damage to, or
destruction of assets; business interruption; error or omissions; employee's injuries and
illnesses; or natural disasters. Commercial insurance coverage is purchased for claims
arising from such matters. Settled claims have not exceeded this commercial coverage in
any of the three preceding years.
NOTE 10 COMMITMENTS
The Water Works began working on water main extension projects and other various
projects. As of December 31, 2016, the Water Works expects the remaining costs of the
existing contracts to be $264,646.
Through a Cooperative Agreement with the Iowa Department of Transportation, the Water
Works will be responsible for approximately $1.06 million of the costs relating to
reconstruction of roadways, which includes water main infrastructure.
S
S
S
S
S
S
S
S
S
S
33)
S Page 132 of 297
REQUIRED SUPPLEMENTARY INFORMATION
Page 133 of 297
WATERLOO WATER WORKS
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF EMPLOYER CONTRIBUTIONS FOR WATERLOO WATER WORKS PENSION PLAN
LAST TEN FISCAL YEARS
2016 2015 2014 2013 2012 2011 2010 2009 2008 2007
Actuarially Determined Contribution $ 489,448 $ 475,911 $ 481,861 $ 480,199 $ 423,689 $ 383,404 $ 357,677 $ 379,444 $ 281,460 $ 219,249
Contributions in Relation to Actuarially
Determined contribution 550,161 540,043 570,419 538,658 473,114 445,212 396,550 379,444 505,000 205,059
Contribution Deficiency(Excess) 60,713)64,132)88,558)58,459)49,425)61,808)38,873) 223,540) 14,190
Covered Payroll 1,004,723 $ 1,045,603 $ 1,064,651 $ 1,100,185 $ 1,105,893 $ 1,248,200 $ 1,306,209 $ 1,374,782 $ 1,356,797 $ 1,263,173
Contributions as a Percentage of
Covered Payroll 54.8% 51.6% 53.6% 49.0% 42.8% 35.7% 30.4% 27.6% 37.2% 16.2%
34)
Page 134 of 297
II' •
WATERLOO WATER WORKS
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS FOR
WATERLOO WATER WORKS PENSION PLAN
2016 2015
Total Pension Liability
Service Cost 53,886 $ 53,008
Interest 616,847 607,558
Difference Between Expected and
Actual Experience 164,103 28,037)
Changes in Assumptions 13,141 12,600
Benefit Payments Including Refunds 541,494) 518,306)
Change in Total Pension Liability 306,483 126,823
Total Pension Liability-Beginning of Year 7,927,445 7,800,622
Total Pension Liability-End of Year 8,233,928 7,927,445
Plan Fiduciary Net Position
Contributions-Employer 489,448 481,000
Contributions-Member 60,713 59,043
Contributions-Nonemployer Contributing Member
Net Investment Income 281,674 157,690)
Benefit Payments Including Refunds 541,494) 518,306)
Administrative Expense
Change in Plan Fiduciary Net Position 290,341 135,953)
Plan Fiduciary Net Position-Beginning of Year 5,105,369 5,241,322
Plan Fiduciary Net Position-End of Year 5,395,710 5,105,369
Net Pension Liability-End of Year 2,838,218 $ 2,822,076
Plan Fiduciary Net Position as a%of Total 65.5% 64.4%
Pension Liability
Covered Payroll 1,004,723 $ 1,045,603
Net Pension Liability as a%of Covered Payroll 282.5% 269.9%
Additional years will be added going forward as information becomes available.
35)
Page 135 of 297
I •
WATERLOO WATER WORKS
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
FOR WATERLOO WATER WORKS PENSION PLAN
FOR THE YEAR ENDED DECEMBER 31, 2016
Note 1: Valuation Date: Actuarially determined contributions rates are calculated as of December 31 of
the current fiscal year.
Note 2: Methods and Assumptions Used to Determine Contribution Rates
Actuarial Cost Method Entry Age Cost Method
Amortization Method Level Dollar
Remaining Amortization Period 20 Years
Asset Valuation Method Market Value of Assets
Inflation 2.50%
Annual Pay Increases 3.00%
Investment Rate of Return 8.00%
Retirement Age 100%at age 62
Mortality Rates 2017 IRS Combined Mortality
36)
Page 136 of 297
WATERLOO WATER WORKS
REQUIRED SUPPLEMENTARY INFORMATION
IPERS SCHEDULE OF THE WATER WORKS' PROPORTIONATE SHARE
OF THE NET PENSION LIABILITY
Measurement Date June 30,
2016 2015 2014
Water Work's Proportion of the Net Pension Liability: 0.014805% 0.014220% 0.012797%
Water Work's Total Proportionate Share of the Net
Pension Liability 923,262 $ 706,956 $ 524,011
Water Work's Covered-Employee Payroll 1,018,040 $ 885,398 $ 791,254
Water Work's Proportionate Share of the Net Pension Liability
as a Percentage of its Covered-Employee Payroll 91% 80% 66%
IPERS' Net Position as a Percentage of the Total Pension Liability 85.19% 87.61% 87.61%
Additional years will be added going forward as information becomes available.
37)
Page 137 of 297
WATERLOO WATER WORKS
REQUIRED SUPPLEMENTARY INFORMATION
PERS SCHEDULE OF WATER WORKS CONTRIBUTIONS
2016 2015 2014 2013 2012 2011 2010
Statutorily Required Contribution 96,378 $ 90,911 $ 79,066 $ 70,659 $ 56,189 $ 43,676 $ 35,136
Contributions in Relation to the
Statutorily Required Contribution 96,378) (90,911) (79,066) (70,659) (56,189) (43,676) (35,136)
Contribution Deficiency(Excess)
Water Works'Covered-Employee Payroll 1,079,261 $ 1,018,040 $ 885,398 $ 791,254 $ 648,085 $ 541,214 $ 505,554
Contributions as a Percentage of
Covered-Employee Payroll 8.93% 8.93% 8.93% 8.93% 8.67% 8.07% 6.95%
Additional years will be added going forward as information becomes available.
38)
Page 138 of 297
SUPPLEMENTARY INFORMATION
Page 139 of 297
S
S
S
S
PAGE INTENTIONALLY LEFT BLANK.
S
Page 140 of 297
WATERLOO WATER WORKS
SUPPLEMENTARY INFORMATION
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN NET POSITION
BUDGET AND ACTUAL (CASH BASIS)
YEAR ENDED DECEMBER 31, 2016
Variance with
2016 Final Budget
Original Final Actual Over
Budget Budget Cash Basis Under)
OPERATING REVENUES
Water Sales 8,920,000 $ 8,920,000 $ 9,076,072 $156,072
Fire Protection 98,000 98,000 96,188 1,812)
Total Operating Revenue 9,018,000 9,018,000 9,172,260 154,260
OPERATING EXPENSES
Salaries and Benefits 3,555,040 3,555,040 3,555,947 907
Contractual Services 1,004,600 1,004,600 979,392 25,208)
Commodities 7,126,450 7,126,450 3,469,065 3,657,385)
Total Operating Expenditures 11,686,090 11,686,090 8,004,404 3,681,686)
OPERATING INCOME(LOSS) 2,668,090) 2,668,090) 1,167,856 3,835,946
NONOPERATING INCOME(LOSS)
Other Sales and Services 430,000 430,000 564,758 134,758
Interest Income 22,000 22,000 34,111 12,111
Billboard and Antenna Rent 140,000 140,000 164,207 24,207
Other Expense 50) 50)
Total Nonoperating Income(Loss) 592,000 592,000 763,026 171,026
Income(Loss)Before
Contributions and Transfers 2,076,090) 2,076,090) 1,930,882 4,006,972
CAPITAL CONTRIBUTIONS
Capital Contributions 8,000 8,000 13,656 5,656
CHANGE IN FUND BALANCE 2,068,090) 2,068,090) 1,944,538 4,012,628
Fund Balance-Beginning of Year 5,829,367 5,829,367 5,829,367
FUND BALANCE-END OF YEAR 3,761,277 $ 3,761,277 $ 7,773,905 $ 4,012,628
39)
Page 141 of 297
WATERLOO WATER WORKS
NOTE TO SUPPLEMENTARY INFORMATION
DECEMBER 31, 2016
0
NOTE 1 BUDGETARY INFORMATION
In accordance with the Code of Iowa, the Water Works annually adopts a budget on the
cash basis following required public notice and hearing. The annual budget may be
amended during the year utilizing similar statutorily prescribed procedures. Encumbrances
are not recognized on the cash basis budget and appropriations lapse at year-end.
0
0
0
0
0
40)
0 Page 142 of 297
OTHER REPORTS SECTION
Page 143 of 297
44:
PAGE INTENTIONALLY LEFT BLANK.
Page 144 of 297
iir
Airlh CliftonLarsonAllen LLP
CLAconnect.com
CliftonLarsonAllen
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER
MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Board of Trustees
Waterloo Water Works
Waterloo, Iowa
III We have audited, in accordance with the auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements Waterloo Water Works
Water Works), a component unit of the City of Waterloo, Iowa as of and for the year ended
December 31, 2016, and the related notes to the financial statements, which collectively comprise
Waterloo Water Works' basic financial statements and have issued our report thereon dated
September 8, 2017.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Waterloo Water
Works' internal control over financial reporting (internal control) to determine the audit procedures that
are appropriate in the circumstances for the purpose of expressing our opinion on the financial
statements, but not for the purpose of expressing an opinion on the effectiveness of the Water Works'
internal control. Accordingly, we do not express an opinion on the effectiveness of the Water Works'
internal control.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control, such that there is a reasonable possibility that a material
misstatement of Water Works' financial statements will not be prevented, or detected and corrected on
a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal
control that is less severe than a material weakness, yet important enough to merit attention by those
charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies
may exist that were not identified. We did identify certain deficiencies in internal control, described as
items 2016-001 through 2016-003 in the accompanying schedule of findings and responses that we
consider to be material weaknesses.
A member of
Nexia 41)
International
Page 145 of 297
Board of Trustees
Waterloo Water Works
Compliance and Other Matters
As part of obtaining reasonable assurance about whether Waterloo Water Works' financial statements
are free from material misstatement, we performed tests of its compliance with certain provisions of
laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion on
compliance with those provisions was not an objective of our audit, and accordingly, we do not express
such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that
are required to be reported under Government Auditing Standards.
Comments involving statutory and other legal matters about the Water Works' operations for the year
ended December 31, 2016 are based exclusively on knowledge obtained from procedures performed
during our audit of the financial statements of the Water Works. Since our audit was based on tests and
samples, not all transactions that might have had an impact on the comments were necessarily audited.
The comments involving statutory and other legal matters are not intended to constitute legal
interpretations of those statutes.
Responses to Findings
Waterloo Water Works' responses to the findings identified in our audit are described in the
accompanying schedule of findings and responses. Waterloo Water Works' responses were not
subjected to the auditing procedures applied in the audit of the financial statements and, accordingly,
we express no opinion on the responses.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and
compliance and the results of that testing, and not to provide an opinion on the effectiveness of the
Water Works' internal control or on compliance. This report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the Water Works' internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
a,c_LLQ
CliftonLarsonAllen LLP
Cedar Rapids, Iowa
September 8, 2017
42)
Page 146 of 297
WATERLOO WATER WORKS
SCHEDULE OF FINDINGS AND RESPONSES
YEAR ENDED DECEMBER 31, 2016
PART I: SUMMARY OF AUDITORS' RESULTS
a) An unmodified opinion was issued on the financial statements.
b) Material weaknesses in internal control over financial reporting were disclosed by the audit of
the financial statements.
c) No instances of noncompliance material to the basic financial statements of Waterloo Water
Works were disclosed during the audit.
43)
Page 147 of 297
WATERLOO WATER WORKS
SCHEDULE OF FINDINGS AND RESPONSES
YEAR ENDED DECEMBER 31, 2016
I
PART II: FINDINGS RELATED TO THE BASIC FINANCIAL STATEMENTS
INTERNAL CONTROL DEFICIENCIES:
FINDING 2016-001 ANNUAL FINANCIAL REPORTING UNDER GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES (GAAP)
Condition: Management is responsible for establishing and maintaining internal controls and
for the fair presentation of the financial statements including the related
disclosures, in conformity with accounting principles generally accepted in the
United States of America.
Criteria: The Water Works does not have an internal control policy in place over annual
financial reporting that would enable management to prepare its annual financial
statements and related footnote disclosures are complete and presented in
accordance with accounting principles generally accepted in the United States of
America.
Context: Management has informed us that they do not have an internal control policy in
place over the annual financial reporting and that they do not have the necessary
staff capacity to prepare the annual financial statements including footnote
disclosures.
Effect: The potential exists that a material misstatement of the annual financial
statements could occur and not be prevented or detected by the Water Works'
internal controls.
Cause: The Water Works relies on the audit firm to prepare the annual financial
statements and related footnote disclosures. However, they have reviewed and
approved the annual financial statements and the related footnote disclosures.
Recommendation: Management should continue to evaluate their internal staff capacity to
determine if an internal control policy over the annual financial reporting is
beneficial.
CORRECTIVE ACTION PLAN (CAP):
Explanation of Disagreement with Audit Findings
There is no disagreement with the audit finding.
Actions Planned in Response to Finding:
The Water Works will continue to engage the audit firm to prepare the annual financial
statements. However, the general manager and the office manager will review a draft of the
statements and related note disclosures.
Official Responsible for Ensuring CAP:
Dennis Clark, General Manager is the official responsible for ensuring corrective action of the
deficiency.
Planned Completion Date for CAP:
December 31, 2017
Plan to Monitor Completion of CAP:
The board of trustees will be monitoring this corrective action plan.
I
44)
I Page 148 of 297
WATERLOO WATER WORKS
SCHEDULE OF FINDINGS AND RESPONSES
YEAR ENDED DECEMBER 31, 2016
PART II: FINDINGS RELATED TO THE BASIC FINANCIAL STATEMENTS (CONTINUED)
FINDING 2016-002 MATERIAL AUDIT ADJUSTMENTS
Condition: The audit firm identified, and Water Works posted to its general ledger
accounts, certain financial statement misstatements.
Criteria: Water Works should have controls in place to prevent, or detect and correct,
a material misstatement in the financial statements in a timely manner.
Context: Water Works has reviewed and approved all proposed audit adjustments and
posted them to the general ledger.
Effect: The potential exists that a material misstatement could be present in the
financial statements and not be prevented, or detected and corrected, by the
Water Works' internal controls.
Cause:The Water Works' controls were not adequate to ensure that all accounts
were adjusted to their appropriate year-end balances in accordance with
accounting principles generally accepted in the United States of America.
Recommendation:We recommend that the Water Works continue to provide training to
accounting staff and continue to evaluate its internal control processes to
determine if additional internal control procedures should be implemented to
ensure that accounts are adjusted to their appropriate year-end balances in
accordance with accounting principles generally accepted in the United
States of America.
CORRECTIVE ACTION PLAN (CAP):
Explanation of Disagreement with Audit Finding:
There is no disagreement with the audit finding.
Actions Planned in Response to Finding:
Water Works will continue to provide training for staff in the accounting department.
Official Responsible for Ensuring CAP:
Dennis Clark, General Manager is the official responsible for ensuring corrective action of the
deficiency.
Planned Completion Date for CAP:
December 31, 2017
Plan to Monitor Completion of CAP:
The board of trustees will be monitoring this corrective action plan.
45)
Page 149 of 297
WATERLOO WATER WORKS
SCHEDULE OF FINDINGS AND RESPONSES
YEAR ENDED DECEMBER 31, 2016
PART II: FINDINGS RELATED TO THE BASIC FINANCIAL STATEMENTS (CONTINUED)
FINDING 2016-003 LACK OF REVIEW AND APPROVAL OF BANK RECONCILIATIONS
Condition: There was no review or approval documentation on the monthly bank
reconciliations.
Criteria: The Water Works should have controls in place to prevent or detect a material
misstatement in the financial statements in a timely manner.
Context: The Water Works did not have adequate internal controls over their bank
reconciliation.
Effect: The potential exists that a material misstatement could occur in the financial
statements and not be prevented or detected by the Water Works' internal
controls.
Cause: The Water Works does not have a review and approval process over its monthly
bank reconciliations.
Recommendation: The Water Works should have procedures in place for the review and
authorization of monthly bank reconciliations.
CORRECTIVE ACTION PLAN (CAP):
Explanation of Disagreement with Audit Findings
There is no disagreement with the audit finding.
Actions Planned in Response to Finding:
The Water Works will start to have the monthly bank reconciliations reviewed and approved by
an independent reviewer.
Official Responsible for Ensuring CAP:
Dennis Clark, General Manager is the official responsible for ensuring corrective action of the
deficiency.
Planned Completion Date for CAP:
December 31, 2017
Plan to Monitor Completion of CAP:
The board of trustees will be monitoring this corrective action plan.
46)
Page 150 of 297
WATERLOO WATER WORKS
SCHEDULE OF FINDINGS AND RESPONSES
YEAR ENDED DECEMBER 31, 2016
PART III: Other Findings Related to Required Statutory Reporting:
III-A-16 Certified Budget — No disbursements during the year ended December 31, 2016
exceeded the amended certified budget amounts.
III-B-16 Questionable Disbursements — We noted no disbursements that fail to meet the
requirements of public purpose as defined in an Attorney General's opinion dated
April 25, 1979.
III-C-16 Travel Expense — No disbursements of the Water Works money for travel expenses of
spouses of Water Works officials or employees were noted.
III-D-16 Business Transactions — No transactions between the Water Works and Water Works'
officials or employees were noted.
III-E-16 Bond Coverage — Surety bond coverage of Water Works officials and employees is in
accordance with statutory provisions. The amount of coverage should be reviewed
annually to insure that the coverage is adequate for current operations.
III-F-16 Revenue Notes — As of December 31, 2016, the Water Works was in compliance with
funding and payment provisions of the revenue note resolutions.
III-J-16 Notice of Public Hearing for Public Improvements — The Water Works has published a
notice of public hearing for all public improvement projects, during 2016, as required by
Chapters 26.12 and 362.3 and the Code of Iowa.
III-G-16 Board Minutes — No transactions were found that we believe should have been
approved in the board minutes but were not.
III-H-16 Deposits and Investments— No instances of noncompliance were noted with the deposit
and investment provisions of Chapter 12B and 12C of the Code of Iowa and the Water
Works' investment policy.
III-1-16 Financial Condition — The Water Works did not have a deficit balance at December 31,
2016.
I
47)
r1 Page 151 of 297
C ITY OF WATER LOO
Council Communication
Bond s
City Council Meeting: 11/6/2017
Prepared:
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering H igby, Nancy Approved 11/1/2017 - 11:47 AM
ATTA C H M EN TS :
Description Type
B onds for council approval 11.6.17 B ackup M aterial
S UB J E C T:Bond s
Page 152 of 297
BONDS FOR COUNCIL APPROVAL
November 6, 2017
RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00_ __
7900460919 BEARD’S PLUMBING, EXCAVATION & SEPTIC, LLC REINBECK, IA
41277167 CONCRETE SOLUTIONS, INC. ONALASKA, WI
RADISLAV RAJSIC AND EMIRA RAKOVIC WATERLOO, IA
Page 153 of 297
C ITY OF WATER LOO
Council Communication
Amendment to the C ity of Waterlo o Zoning O rdinanc e No. 5079 to update multip le s ec tions regard ing
regulations fo r R ec yc ling, Junk o r S alvage Yard s and other mis cellaneo us up d ates .
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
ATTA C H M EN TS :
Description Type
Ordiance Amendment C over Memo
S UB J E C T:
Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing.
HO LD HEAR ING - No comments o n file.
Motio n to c lo s e hearing and rec eive and file o ral and written comments and
recommendatio n o f approval of P lanning, P rogramming and Zoning
C o mmis s ion.
Motio n to rec eive, file, c o nsider and p as s fo r the firs t time an O rdinanc e
amending O rd inance No . 5079, as amended, C ity o f Waterloo Zo ning
O rdinanc e, by amend ing S ec tion 10-3-1 Definition of Impound Yard and
R ecycling, Junk o r S alvage Yards, and S ec tio n 10-27-1(H)(8) S pec ial
P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards.
Motio n to s us p end the rules .
Motio n to c o ns ider and p as s for the sec ond and third times and ad o p t
o rd inance.
S ub mitted by:S ubmitted By: Aric S c hroeder, C ity P lanner
R ec o mmended Ac tio n:Ap p ro val of the ordinanc e.
S ummary S tatement:
S taff is pro p o s ing multiple changes to the C ity o f Waterloo Zo ning
O rdinanc e No . 5079 regard ing R ec yc ling, Junk or S alvage Yard s . T he
amendment wo uld change add a definition o f Imp o und Yard s the and make
changes to how R ec yc ling, Junk and S alvage Yards are regulated , it als o
updates the wo rd ing and requirements in the S pec ial P ermit sec tion. T his is
a summary of the major changes but d o es not c o ver all c hanges. A c omplete
copy of the p ro p o s ed c hanges, sho wing s trike thro ugh o f wo rd ing prop o s ed
to b e remo ved and und erlined fo r wo rd ing p ro p o s ed to be ad d ed is als o
attached . T he P lanning, P rogramming and Zo ning C o mmis s io n held a
hearing o n O c to b er 3rd , 2017 and unanimous ly recommend ed approval o f
the propos ed amend ment. T he proposed c hanges are based o n the I-C are
p ro gram that is a vo luntary c ertific ation p ro gram created by the Iowa
Auto mo tive R ec yclers. At the meeting the only p ers o n to s p eak was S ue
S chauls Exec utive Direc tor o f the Iowa Automotive R ecyclers and autho r of
the I-C AR E p ro gram who spoke in favor o f the changes with some mino r
changes that were inc luded b y the C ommis s io n in their rec o mmendation
and have b een inc o rp o rated in the propos ed ordinanc e attac hed.
Page 154 of 297
Exp enditure R equired :none
S ource o f F und s :n/a
P olic y Issue:Zo ning O rd inance
Background I nformatio n:
In S eptember, 2015 the Waterlo o C ity C ounc il vo ted to p as s a mo ratorium
o n the establis hment of any new S alvage Yards within the C ity of Waterloo
p ending the ad o p tion of changes to the Zoning O rd inance that covers
R ecycling, Junk and S alvage Yard s . T he P lanning and Zoning Department
has worked fo r the las t year o n d eveloping an ordinanc e that wo uld
enc o urage mo re ec o lo gic ally friendly bus ines s es and encourage the follo wing
o f the Iowa Automotive R ecylers I-C are p ro gram. Bo th the F ire and P o lic e
Dep artments were no tified o f the p ro p o s ed c hanges to ins ure that the new
regulations d id no t conflict with any o f their c o d es .
Legal Desc riptio ns :n/a
Page 155 of 297
Amendment to the City of
Waterloo Zoning Ordinance
Ordinance No. ____ Amending Ordinance No. 5079
Planning and Zoning Commission Hearing: _______________
City Council Approval: _______________
Changes and Updates to the City of Waterloo Zoning Ordinance, including:
-Section 10-3-1 Update to include definition of Impound Yard and update Recycling, Junk or Sal-
vage yards.
- Section 10-27-1 (H)(8) Update the regulations for Recycling, Junk or Salvage Yards
Page 156 of 297
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
13
3. Individually listed on the State In-
ventory of Historic Places;
4. Individually listed on the local in-
ventory of historic places.
Home Occupation: A home occupation is
an accessory use of a dwelling unit, conduct-
ed entirely within the dwelling unit, carried
on by one or more persons, all of whom r e-
side within the dwelling unit and where no
persons living outside the home are e m-
ployed other than resident and domestic
help. The use is clearly incidental and se c-
ondary to the use of the dwelling for res i-
dence purposes and does not change the
character thereof or adversely affect the uses
permitted in the residential district of which
it is a part. There shall be no outside storage
of any kind; and any indoor storage, con-
struction, alterations, or electrical or me chani-
cal equipment used shall not change the fire
rating of the structure of the fire district in
which the structure is located. The use may
increase vehicular traffic flow and parking by
no more than one additional vehicle at a time.
It shall not cause an increase in the use of one
or more utilities (water, sewer, electricity, te l-
ephone, or garbage) so that the combined t o-
tal use of dwelling and home occupation
purposes of the one or more utilities exceeds
the average for residences in the neighbo r-
hood. When a use is a home occupation, it
means that the owner, lessee, or other pe r-
sons who have a legal right to the use of the
dwelling unit also have the vested right to
conduct the home occupation without secur-
ing special permission to do so. Ho wever,
such person shall be subject to all conditions,
which are applied in this Ordinance general-
ly, such as off-street parking, and to all other
permits required under the City code, such as
Building Permits and Business Licenses.
Hotel: A building containing twenty (20)
or more individual sleeping rooms or suites
having each a private bathroom attached
thereto for the purpose of providing ove r-
night lodging facilities to the general public
for compensation with or without meals ex-
cluding accommodation for employees and in
which ingress and egress to and from all
rooms is made through an inside office or
lobby supervised by a person in charge at all
hours. Where a hotel is permitted as principal
use, all uses customarily and historically an
accessory thereto for the comfort, accommo-
dation and entertainment of the patron, in-
cluding the service of alcoholic beverages
shall be permitted. [Ordinance 3050, 11/1/79]
Impound Lot: See Recycling, Junk or Sal-
vage Yard.
Junk Vehicle, Salvage Vehicle: A motor
vehicle or other vehicle, or portion thereof not
in running condition or not licensed for the
current year as provided by law. No junk ve-
hicle shall be kept, stored, or otherwise loca t-
ed anywhere except in an enclosed building
or in an approved and licensed recycling,
junk or salvage yard, except as provided in
City Code Section 4-4-7. [Ordinance 5288,
06/15/15]
Junk Yard: See Recycling, Junk or Salvage
Yard
Juvenile Center: See Group Home (Super-
vised or Unsupervised) [Ordinance 4554,
6/3/02]
Juvenile Detention Center: See Halfway
(Rehabilitation) House [Ordinance 4554,
6/3/02]
Kennel: Any building or lot on which five
(5) or more dogs or five (5) or more cats six
(6) months old or older are housed, bred,
boarded, trained, groomed or sold. This
would allow for up to 4 dogs and up to 4 cats
in a residential setting.
Kennel, Boarding: A place or establish-
ment other than a pound or animal shelter
where dogs or cats not owned by the proprie-
tor are sheltered, fed and watered in return
for a consideration.
Lot: For the purposes of this Ordinance, a
lot is a parcel of land of at least sufficient size
to meet minimum zoning requirements for
use, coverage and area to provide such yards
Page 157 of 297
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
17
Porch, Unenclosed: A roofed projection
which has no more than sixty (60) percent of
each outside wall area enclosed by a building
or siding material other than meshed screens.
If said unenclosed porch extends over a r e-
quired front or rear setback as provided her e-
in then the outside wall shall be a non-solid
wall utilizing a spindle or board design with
openings between boards to provide that no
more than sixty (60) percent of the wall area
is enclosed, or a solid wall when extending
not more than forty-two (42) inches above the
floor of the porch.
Principal Permitted Use: The main use of
land or structures, as distinguished from a
secondary or accessory use, or Special Permit
use.
Protected Uses: Protected uses include a
building in which a majority of floor space is
used for residential purposes; a property lo-
cated within a residentially zoned district; a
day care center where such day care center is
a principal use; a preschool; an elementary,
middle or high school (public, private or p a-
rochial); a house of worship; a mission; a pub-
lic library; a museum or cultural arts center or
facility; a public park; a publicly owned or
operated recreation center or athletic facility;
a privately operated recreational use; a civ-
ic/convention center; a community residen-
tial facility; a hospital; a dental, med ical or
mental health facility; a building or office op-
erated by any governmental entity. However,
this definition shall not apply if the protected
use is a legal non-conforming use. Whether a
given use is a protected use as defined herein
shall be determined by the city planner in his
reasonable discretion.
Public Utility: Public or quasi-public dis-
tributing or operating equipment for related
services for telephone, cable television, elec-
tricity, gas, sewer and water, and other essen-
tial commodities or services such as transpo r-
tation or communication. This includes pri-
vately owned structures and equipment
when used to provide an essential commod i-
ty or service to the public.
Rear Lot Line: Ordinarily that line of a lot
which is opposite and farthest from the front
lot line. In triangular or other odd-shaped lots
the rear lot lines shall be determined by the
City Planner or designee.
Recreational Vehicle: [Ordinance 4125,
9/11/95]
A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when
measured at the largest horizontal
projection (this provision is for
floodplain management purposes
only); [Ordinance 5049, 6/20/11]
3. Designed to be self-propelled or
permanently towable by a light
duty truck; and
4. Designed primarily not for use as
a permanent dwelling but as tem-
porary living quarters for recrea-
tional, camping, travel or seasonal
use.
Recycling, Junk or Salvage Yard: Any
place where materials that would otherwise
be considered waste, are collected, separated,
or processed to be used as raw materials. M a-
terials would include, but not be limited to:
scrap iron or other metals, motor vehicles not
in running condition and not being actively
restored to running condition, parts of vehi-
cles, plastic bottles or containers, rags, paper
cardboard, glass and tires. [Ordinance 3864,
6/3/92] This would also include any area
where waste, discarded, or salvaged mater i-
als are bought, sold, exchanged, baled or
packed, disassembled, kept, stored or han-
dled, including house wrecking yards, used
lumber yards and places or yards for storage
of salvaged house wrecking and structural
steel materials and equipment, but not in-
cluding areas where such uses are conducted
entirely within a completely enclosed build-
ing, and not including the processing of used,
discarded or salvaged materials as part of
manufacturing operations, and not including
Page 158 of 297
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
18
contractors storage yards, and not including
rubble fill deposited on property in compli-
ance with 4-3B of the Code of Ord inances.
For the purpose of this Ordinance, the term
“actively restored to running condition” in
other than a recycling, junk or salvage yard
shall mean if within the last thirty (30) days
the owner of the business or premises on
which the vehicle is located has spent at least
ten (10) hours of labor in the repairing, re-
building or reconstruction of the motor vehi-
cle. The burden shall be on the owner to
prove that it is being actively restored which
may include receipts for the purchase of parts
and supplies during the last thirty (30) days
which have been installed in the vehicle. This
exception for motor vehicles being actively
restored shall not extend to vehicles from
which parts are being taken to restore another
vehicle. Parts being used in the restoration of
a motor vehicle must be stored in an e nclosed
building while restoration work is not taking
place. For the purposes of this Ordinance, the
term “recycling yard” shall include a “junk
yard”, “salvage yard”, or “auto salvage
yard”. Impound yards to which vehicles are
taken for temporary or long term storage un-
til control of vehicle can be returned to the
owner, or the vehicles are recycled or auc-
tioned off shall be considered recycling, junk
or salvage yards.
Regulatory Flood: A flood which is rep-
resentative of large floods known to have o c-
curred generally in the area and reasonable
characteristic of what can be expected to oc-
cur in a particular stream. The regulatory
flood has a frequency of approximately 100
years determined from an analysis of floods
on a particular stream and other streams in
the same general region.
Regulatory Flood Protection Elevation:
The elevation to which uses regulated by this
Ordinance are required to be elevated or
floodproofed.
Restaurants:
1. Drive-In Establishment: An estab-
lishment which by design or phys-
ical facilities or by service or pack-
aging procedures, encourages or
permits customers to receive or
obtain a product which may be
used or consumed in an automo-
bile on the premises or to be enter-
tained while remaining in an au-
tomobile. This term does not in-
clude sidewalk or patio cafes
where service is provided to tables
only.
2. Fast Casual Type: Where custom-
ers are normally served at the
same table or counter at which
items are consumed but customers
are served with disposable dishes
and cutlery which are expected to
be disposed of by the customer.
3. Fast Food Type: Where customers
are normally served their food or
beverages in disposable containers
for consumption on the premises
or within a motor vehicle.
4. Standard Type: Where customers
are normally provided with an in-
dividual menu and are served
their food or beverages by a res-
taurant employee at the same ta-
ble or counter at which said items
are consumed.
Rooming House: A building where a
room or rooms are provided for compens a-
tion to three (3) or more persons.
Rubble Disposal Site or Rubble Fill Site:
The premises where rubble fill is placed, set
down or deposited for the purpose of, or
which has the result or effect of changing the
existing contour or raising the elevation of
said land with 25 cubic yards or more of fill.
A fill site is also where the owner/operator
advertises “fill wanted” regardless of the vol-
ume. Temporary above-ground storage dur-
Page 159 of 297
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
146
property unless approved by the City Council
by encroachment agreement. [Ordinance 4841,
10/16/06] In “C-2” and less restrictive Dis-
tricts, signs, overhangs, and marquees at-
tached to a building may extend over street
right-of-way lines provided the erection of
such signs, overhangs, and marquees are con-
structed in accordance with the provisions of
the building code.
G. Existing Unenclosed Porch, New
Deck or Unenclosed Porch.
1. An existing unenclosed porch on the
front of a dwelling built prior to adop-
tion of Ordinance 2479, adopted
02/03/69, may be re-modeled or re-
built to an enclosure when projecting
no farther than the original open
porch. [Ordinance 4656, 11/10/03] [Or-
dinance 4855, 2/19/07]
2. A new deck or unenclosed porch ad-
dition to a dwelling may be built eight
(8) feet or one fourth (1/4) the dis-
tance (whichever is greater) into the
required front or rear yard setback.
This shall only include the required
setback as stated in the Bulk Regula-
tions Section of the District in which
located, and shall not include the av-
erage setback required by the Front
Yard Section of Chapter 5, General
Regulations. Existing dwellings with
a front or rear yard setback that is less
than the minimum required shall cal-
culate one fourth (1/4) the distance of
the existing setback, however this
shall not prohibit the erection of an
eight (8) foot deck or unenclosed
porch. This will not be interpreted in
any way to authorize any addition
over a platted building line, easement,
property line or road right-of-way
line. This provision shall not allow a
deck or unenclosed porch addition
within a required side yard setback,
except a required side yard along a
street frontage on a corner lot. Said
addition is defined as a non-enclosed
structure and, for decks in the front
yard, with a non-solid side wall, if any
at all, which cannot be enclosed in the
future as an addition to the home.
Non-solid wall shall mean a wall or
fence utilizing a spindle or board de-
sign with openings between boards
that are at least the width of the
boards. For porches in the front or
rear, or decks in the rear, a solid wall
may be used if it does not exceed for-
ty-two (42) inches in height above the
floor of the deck or porch. [Ordinance
4386, 10/18/99] [Ordinance 4656,
11/10/03]
H. Special Permit Required.
A Special Permit for the location of any of
the following buildings or uses in any district
permitted by this Ordinance must be ob-
tained from the Board of Adjustment [Ordi-
nance 3614, 1/9/89] after public hearing there-
on:
1. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, excluding parks or rec-
reational trails and accessory uses and
structures customarily incidental to a
park or recreational trail.
2. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion.
3. Hospitals, excluding animal hospitals,
and clinics, excluding clinics in the “R-
4” Multiple Residence District or less
restrictive district.
4. Group Homes (Unless located in a "C-
1" or less restrictive district). [Ordi-
nance 4554, 6/3/02]
5. Halfway (Rehabilitation) Houses. [Or-
dinance 4554, 6/3/02]
Page 160 of 297
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
147
6. Community building, institutional or
community recreation center or field,
commercial and private outdoor rec-
reational uses such as baseball fields,
swimming pools, skating facilities,
golf course or country clubs, minia-
ture/goofy golf and driving ranges,
Commercial Campgrounds, Hunting
and Fishing Clubs, Skeet or Trap
Shooting Ranges, Archery and Gun
Range Facilities, Outdoor Paintball
Facilities, Automobile Race Tracks,
Drag Strips, Go-cart Tracks, Mini
Bikes or Activity Areas for Motorcy-
cles, Snowmobiles, or ATV’s, Drive-in
Theaters, or similar public or private
open air recreational uses and facili-
ties, excluding public or private parks
or pedestrian recreational trails and
accessory uses and structures custom-
arily incidental to a park or pedestrian
recreational trail. Private non-
commercial areas, such as non-profit
clubs, etc. shall only require Special
Permit approval if organized events
or activities occur more than 12 times
in a calendar year. [Ordinance 5395,
04/10/17]
7. Public or private cemetery or burial
ground. (Minimum thirty (30) acres)
[Ordinance 5395, 04/10/17]
8. Recycling, Junk or Salvage Yards as
defined in this Ordinance provided
that they are within the following zon-
ing classifications: “M-1” Light Indus-
trial District, “M-2” Heavy Industrial
District or “M-2,P” Planned Industrial
District and meet the following mini-
mum requirements:
The City of Waterloo in attempt to be
more sustainable and encourage more
ecologically friendly businesses
adopts these salvage yard regulations
in part based on the Iowa Recyclers
Association’s I-CARE program.
a. The yard shall be completely sur-
rounded with a fence or wall that
is eight (8) feet in uniform height
and color. The fence shall be of an
opaque material and kept free of
any openings such as broken out
areas and torn holes. Chain link
or heavy wire gates may be used
for see through inspection pur-
poses for no more than forty (40)
feet along each side of the yard
having street frontage and at ap-
proved points of access to a public
street or alley. Chain link or heavy
wire fencing that is free from torn
areas or openings may be placed
along sides of the yard adjoining a
flood control levee or other such
barrier which would permanently
screen the yard from public view.
No storage outside of fenced area
except for receiving of vehicles
that must be moved in 5 business
days.
b. No off-premise advertising shall
be on any wall or fence. The name
of the yard and other services of-
fered by the yard, if placed on the
wall or fence, shall occupy no
more than ten (10) percent of the
wall or fence.
c. The posts, rails or other support-
ing elements of the fence shall face
the inside of the yard and not be
visible from outside the yard.
d. Vehicle bodies stacked higher than
the wall or fence shall be no higher
than two (2) car bodies above the
wall or fence when stacked at least
fifteen (15) feet from the wall or
fence. Car bodies stacked no
higher than the fence need not be
15 feet from the fence. All other
stacked salvage material shall not
be stacked higher than the allowa-
ble building height for the District.
The Board of Adjustment shall
Page 161 of 297
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
148
have the power to grant an excep-
tion to these stacking provisions
so long as said exception is in a c-
cordance with the purpose and in-
tent of the Zoning Ordinance.
e. All work performed shall be car-
ried on within the fenced area or
within an enclosed building or
structure approved as a part of the
salvage operation.
f. Contaminating fluids, such as
gasoline, oil and grease, are pro-
hibited from being discharged on-
to the grounAll automotive fluids
must be properly removed and
managed as part of the disman-
tling procedure and/or prior to
crushing the vehicles to ensure
that no fluids are discharged into
the ground. All fluids removed
from the vehicles must be stored
in containers that are in good con-
dition. If containers are in excess
of 55 gallons and stored outdoors
they must have secondary con-
tainment and be properly marked
as to what fluids they contain and
be properly stored to insure that
they do not lead into the ground,
sewer systems, drainage pipes, or
bodies of water.
f.g. No salvage materials shall be
placed in the Floodway District.
Materials in the Floodway Fringe
District (100 year flood district)
shall be in accordance with the
performance standards of that
District.
h. New yards established after the
adoption of these provisions shall
place the required solid wall or
fence no closer to any street lot
line than the minimum front yard
required in the District in which it
is located. Within this setback
there shall be at least four (4) 2-
inch caliper understory trees with-
in every 100 feet or part thereof
that are maintained in a healthy
condition. This does not pertain
to expansions of existing yards
within the same block and on the
same street as the existing yard.
All areas devoted to customer
and/or employee parking located
outside of the fence or wall area
must be hard surfaced and on pri-
vate property in accordance with
the off-street parking Section of
the Zoning Ordinance. [Ordinance
3104, 10/6/80] [Ordinance 3233,
8/2/82] [Ordinance 3323, 2/6/84]
[Ordinance 3614, 1/9/89] [Ordinance
3864, 6/1/92]
i. The Iowa Department of Natural
Resources must be notified of any
hazardous spill that has the poten-
tial to leave the property by run-
off, sewers, tile lines, culverts,
drains, utility lines, or some other
conduit; has the potential to reach
a water of the state either surface
or groundwater; the substance can
be detected in the air at the
boundaries of the facilities; there is
a potential threat to public health
and safety;
j. Maintain a Spill Prevention con-
trol and Countermeasures plan
per EPA regulations.
k. All lead-acid and hybrid batteries
are properly removed and man-
aged as part of the dismantling
procedure and/or prior to crush-
ing the vehicles. Spent lead-acid
batteries are placed either in a
covered storage area on an imper-
vious surface or in plastic contain-
ers with lids. Spent lead-acid bat-
teries are recycled through a repu-
Page 162 of 297
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
149
table battery recycler. Hybrid bat-
teries should be recycled.
l. Refrigerant is evacuated from each
vehicle in accordance with appli-
cable regulations, or contracts for
refrigerant removal with a li-
censed vendor. Records are main-
tained for off-site refrigerant dis-
posal/reclamation that includes
the amount of refrigerant, the date
spent, and the facility that re-
ceived the refrigerant.
m. Engines and transmissions to be
resold are stored under a perma-
nent roof on an impervious sur-
face, or in an outside covered
weather-proof container. Scrap
core, engines and transmissions
are stored under a permanent roof
on an impervious surface, in an
outside covered weather-proof
container, or an impervious sur-
face that drains to an oil-water
separator.
n. Vehicle hoods are routinely kept
closed to reduce exposure to rain
fall of engines that remain in the
vehicles stored in the yard.
o. Spent solvents from the parts
cleaning systems are disposed of
with an authorized processor.
p. Waste water from parts washing is
either recycled or collected for
disposal in an approved manner,
and shall not be discharged to the
surface (ground) or any storm wa-
ter collection system.
q. Waste tires are stored on-site with
at least 20 feet of clearance be-
tween tire storage areas, the pe-
rimeter of the yard and/or struc-
tures. No more than 500 exposed
non-racked tires and no more than
1,500 tires are kept on-site at any
given time.
r. Fluorescent bulbs are managed as
Universal Waste and properly re-
cycled.
s. Maintain compliance with City of
Waterloo Storm Water regulatory
requirements and IDNR storm wa-
ter general permit for industrial
classification 5015.
t. Maintain Iowa DOT recycler’s li-
cense, Iowa DOT Used car Deal-
er’s license, Sales Tax Permit, and
Household Hazardous Material
permit (if any are required).
u. Any new impound lot must obtain
Special Permit approval and meet
all regulations as a Recycling, Junk
or Salvage Yard. Existing im-
pound lots that are not currently
licensed as a Recycling Yard under
Section 3-10 of the Code of Ordi-
nances shall obtain said license by
May 1, 2018.
v. Must have current licenses, be up
to date on any required training
and follow all applicable state and
federal regulations.
w. All recycling facilities within the
City of Waterloo are encouraged
to be certified under the Iowa Re-
cyclers I-CARE program.
x. Any new yard must be at least 600
feet from any protected use as de-
fined herein.
y. Any yard that has failed to renew
their Recycling Yard license pro-
vided in Section 3-10 of the Code
of Ordinances within six months
of the deadline will be considered
Page 163 of 297
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
150
abandoned and will have to cease
operations or go through the Spe-
cial Permit process and meet cur-
rent regulations.
9. Waste Disposal Site [Ordinance 3263,
3/7/83]. Any such request shall in-
clude the submittal of a site plan. The
Commission may require any specific
criteria to protect the health, safety
and welfare of the citizens of Waterloo
and vicinity, including, but not lim-
ited to the following items:
Detailed site plan delineating slope,
access, fencing, provisions for erosion
(wind and water), leaching, landscap-
ing, setbacks and other required pro-
visions.
Performance Bond to secure the reha-
bilitation of the site in accordance
with the approved plan.
Statement as to what types of wastes
will be contained in the site.
Review by the Iowa Department of
Natural Resources [Ordinance 3614
1/9/89], advising the City of the poten-
tial hazards and necessary safeguards.
10. Mobile Home Parks, including facto-
ry-built home parks and subdivisions
if the structures are not classified as
real estate.
11. Rubble Disposal Site, Rubble Fill Site,
or clean fill site, except clean fill ap-
proved as part of a development plan.
A duplicate of the application submit-
ted to the Black Hawk County Health
Department shall be submitted to the
Commission. The application shall
contain the signature of landowner,
legal description of property, a plot
plan showing area to be filled with ex-
isting and proposed final elevations.
The application shall also include an
estimate of the number of cubic yards
necessary and length of time estimat-
ed to complete filling. [Ordinance 3590,
10/17/88]
12. Adult Businesses/Adult Uses [Ordi-
nance 3642, 5/1/89] in accordance with
“Adult Businesses/Adult Uses” of
Sections 10-3-1, 10-15-1(A)(2), and 10-
27-1(N).
13. Gaming facilities, unless located with-
in a Planned District where listed as a
Permitted Use. [Ordinance 4735,
10/18/04]
14. One or two-family residential struc-
tures when more than one (1) such
structure is erected on a single lot in
the “R-1” or “R-2” District. [Ordinance
4855, 2/19/07] [Ordinance 4885,
10/15/07]
15. Non-Limited Alcohol Sales Uses,
when meeting the following mini-
mum requirements:
a. Where the business, when operat-
ed in conformance with such rea-
sonable conditions as may be im-
posed by the Board of Adjust-
ment, satisfies the following crite-
ria:
i. The proposed location, design,
construction and operation of
the particular use adequately
safeguards the health, safety
and general welfare of persons
residing in the adjoining or
surrounding residential area.
ii. The business uses landscaping,
walls or structures to prevent
any noise, vibration or light
generated by the business
from having a significant det-
rimental impact upon the ad-
joining residential or protected
uses.
iii. The business will not unduly
increase congestion on the
streets in the adjoining resi-
dential area.
Page 164 of 297
C ITY OF WATER LOO
Council Communication
F lo w Eq ualization F ac ility O verflow C onnec t to S atellite W P F C , C ity C ontrac t No . 880.
City Council Meeting: 11/6/2017
Prepared: 10/31/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Waste Management H oambrecker, S teven Approved 11/1/2017 - 8:50 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 2:34 P M
S UB J E C T:T he pub lic hearing is cancelled and will be res c hed uled fo r a later d ate.
S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Management S ervic es
Page 165 of 297
C ITY OF WATER LOO
Council Communication
S ale and c o nveyanc e of city o wned property to R ebel S affo ld Jr. and R ho nda S . S affo ld to purchas e c ity
o wned property generally loc ated at 408 and 414 F owler S treet, with Development Agreement.
City Council Meeting: 11/6/2017
Prepared: 10/18/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning S chroeder, Aric Approved 11/1/2017 - 10:25 AM
C lerk O ffice F elchle, K elley Approved 11/1/2017 - 4:53 P M
ATTA C H M EN TS :
Description Type
Application C over Memo
Action G arage Q uote C over Memo
414 F owler L egal D ocuments C over Memo
408 F owler L egal D ocuments C over Memo
Aerial M ap C over Memo
Development Agreement C over Memo
S UB J E C T:
Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing.
HO LD HEAR ING - No comments o n file.
Motio n to c lo s e hearing and rec eive and file o ral and written comments.
R es o lution autho rizing sale and conveyanc e o f c ity owned p ro p erty loc ated
at 408 and 414 F owler S treet, to R ebel S affold Jr. and R ho nda S . S affold in
the amount o f $1.00 per p ro p erty, and authorizing the C ity Attorney to
p rep are and d eliver the deed acc o rd ingly, and autho rizing the Mayo r and
C ity C lerk to exec ute said d o cuments .
R es o lution approving a Development Agreement with R ebel S affo ld Jr. and
R hond a S . S affo ld for the property lo cated 408 and 414 F o wler S treet, and
authorizing the Mayo r and C ity C lerk to exec ute s aid agreement.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning and Develo p ment
Directo r
R ec o mmended Ac tio n:Ap p ro val
S ummary S tatement:
T he parc el fo rmerly kno wn as 414 F o wler S treet was acquired by Q uit
C laim Deed , d ated Marc h 24, 2006, fro m Nektario s Bro kalakis ; R es o lution
# 2006-252.T he property was demolished in 2009. T he parcel formally known
as 408 Fowler S treet was acquired through I owa C ode 657A also in 2009, and
both sites have have been maintained by the city since.
P arcel 8913-25-212-004 (414 F owler S treet) which is immediately to the west
of the applicants home is 40' x 140' with a total square footage of 5,600 square
Page 166 of 297
feet with an assessed value of $1,050. P arcel 8913-25-212-003 (408 F owler
Street) is a irregular shaped lot with a total square footage of 4,400 and has a
current assessed value of $960. B oth parcels are considered lots of record as
neither parcel meet the minimum parcel square footage of 6,000 square feet or
the minimum lot width of 50', as required by ordinance adopted in 1969.
At the September 25, 2017 B uilding and G rounds C ommittee meeting,
the committee recommended approval of the request as submitted.
Exp enditure R equired :
No ne
S ource o f F und s :N/A
P olic y Issue:S ale of C ity o wned P roperty / 657A Nuis anc e Abatement
Alternative:
Legal Desc riptio ns :S ee attac hed
Page 167 of 297
P
a
g
e
1
6
8
o
f
2
9
7
P
a
g
e
1
6
9
o
f
2
9
7
Page 170 of 297
Page 171 of 297
Page 172 of 297
0 10050Feet /
City of Waterloo, IowaNote: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information.
414 Fowler StreetLot to be Sold City owned
408 Fowler StreetLot to be SoldCity owned 418 Fowler StreetApplicants Home
404 Fowler StreetCity owned
Page 173 of 297
Preparer
Information: Christopher W. Western 715 Mulberry Street Waterloo Iowa 50703 (319) 291.4366
Name Address City Phone
SPACE ABOVE THIS LINE
FOR RECORDER
DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is entered into as of November
6, 2017 by and between Rebel Saffold Jr. and Rhonda S. Saffold, (the “Company”) and
the City of Waterloo, Iowa (the “City”).
RECITALS
A. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the
community to provide financial incentives so as to encourage that goal.
B. Company is willing and able to finance and construct a garage and related
improvements on vacant lots generally located at 408 and 414 Fowler
Street, 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 $1.00 per lot (the “Purchase Price”). Conveyance
shall be by quit claim deed, free and clear of all encumbrances arising by or through
City except: (a) easements, conditions and restrictions of record which do not, in
Company’s opinion, interfere with Company’s proposed use; (b) current and future real
estate real property taxes and assessments subject to the agreements made herein; (c)
general utility and right-of-way easements serving the Property; and (d) restrictions
imposed by the City zoning ordinances and other applicable law. City shall have no
duty to convey title to Company until Company delivers to City reasonable and
satisfactory proof of financial ability to undertake and carry on the Project (defined
below), which may take the form of a lending commitment letter. Company shall, at its
Page 174 of 297
DEVELOPMENT AGREEMENT
Page 2
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 construct a garage in a
timely manner constitutes a material inducement for the City to convey the Property or
to cause the Property to be conveyed, to Company and that without said commitment
City would not do so. Measured from the date the Property is deeded to Company,
Company must obtain permits and begin construction within one (1) month and
substantially complete construction of a detached garage no later than November 6,
2019.
If Company has not, in good faith, begun the construction of the detached
garage 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 175 of 297
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. Reserved
8. Reserved
9. Reserved
10. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
11. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
Page 176 of 297
DEVELOPMENT AGREEMENT
Page 4
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 Rebel Saffold Jr. and Rhonda S. Saffold, 418
Fowler Street, Waterloo, Iowa 50701, Attention: Rebel Saffold
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
Page 177 of 297
DEVELOPMENT AGREEMENT
Page 5
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.
21. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
Page 178 of 297
DEVELOPMENT AGREEMENT
Page 6
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 Buyer
By: ___________________________ By: ___________________________
Quentin Hart, Mayor Rebel Saffold Jr.
By: ___________________________
Rhonda S. Saffold
Attest: _________________________
LeAnn Even, Deputy City Clerk
Page 179 of 297
DEVELOPMENT AGREEMENT
Page 7
Page 180 of 297
EXHIBIT “A”
Legal Descriptions of Properties
Parcel- 8913-25-212-004
The west 40 feet of Lot 2, Block 7, Lane Fowlers Addition, Waterloo, Black Hawk County, Iowa.
And
Parcel- 8913-25-212-003
Page 181 of 297
C ITY OF WATER LOO
Council Communication
S ale and c o nveyanc e of city o wned property loc ated at the no rtheas t corner o f Id aho S treet and Martin Luther
King, Jr. Drive to T he O verland G ro up, LLC in the amo unt o f $25,000, and approving a P urc hase and S ale
C o ntract.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/1/2017 - 10:47 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 3:28 P M
ATTA C H M EN TS :
Description Type
Legal B ackup M aterial
P urchase and S ale Agreement B ackup M aterial
S UB J E C T:
M otion to receive and file proof of publication of notice of public hearing.
HO LD HEAR ING - No comments o n file.
Motio n to c lo s e hearing and rec eive and file o ral and written comments.
R es o lution approving the s ale and c o nveyanc e of city o wned property
lo cated at the no rtheas t corner of Idaho S treet and Martin Luther King, Jr.
Drive to T he O verland G roup , L L C in the amount of $25,000,
and authorizing the Mayo r and C ity C lerk to execute s aid doc uments.
R es o lution approving P urchas e and S ale C ontrac t b etween T he O verland
G roup , LLC and the C ity o f Waterloo, Iowa, fo r the p urc hase o f c ity-
o wned pro p erty loc ated at the no rtheas t c o rner o f Id aho S treet and Martin
Luther King, Jr. Drive, and autho rizing the Mayor and C ity C lerk to exec ute
s aid doc uments .
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ap p ro ve P urc has e and S ale C o ntract
S ummary S tatement:
T he C ity has owned s ite s inc e develo p ment o f Martin Luther King Jr Drive
in the 1990's . T he p arcel is excess right-o f-way that was offered b ack
thro ugh 306.23 p ro cess b ack in 2007. No o ffers were rec eived fo r the
ap p rais ed value of $40,000 at that time.
T he parc el is 1.42 acres in s ize, and d o es not includ e the area right at c orner
where trail head fo r rec reational trail is loc ated.
Exp enditure R equired :NA
S ource o f F und s :NA
Page 182 of 297
P olic y Issue:
T his reques t wo uld help meet the following S trategies in the C ity o f
Waterlo o S trategic P lan 2017-2022:
1.6 attract new retail bus inesses to Waterloo
3.8 to fo s ter new inves tment in C UR A
Alternative:No t s ell
Background I nformatio n:
T he C ity has owned this land since 1990's . It was offered up fo r sale
thro ugh 306.23 p ro cess, with no offers rec eived. T his agreement will work
to create new jobs , new taxab le value o n s ite and to c reate mo re bus ines s in
this area of the C ity o f Waterloo.
Legal Desc riptio ns :Attached
Page 183 of 297
Page 184 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
1
V5.3.3.0
THIS PURCHASE AND SALE CONTRACT OF REAL PROPERTY (the “Agreement”)
made and entered into this day of 2017 by and between CITY OF WATERLOO
and/or ASSIGNS, (hereinafter “Seller”) and THE OVERLAND GROUP, LLC. and/or
ASSIGNS, (hereinafter “Buyer”).
WITNESSETH:
WHEREAS, Seller is the owner of a certain tract of real property measuring
approximately 265' +- of frontage on Idaho Street by 67' +- of depth frontage on MLK by 183' +-
Willow Street for a total 1.42± acres, City of Waterloo, Black Hawk County, Iowa, which tract of
land is more particularly shown on Exhibit “A” attached hereto and made a part hereof (the
“Property”). The Property shall mean net usable acres and shall not include real property
burdened by permanent rights-of-way for public roads, drainage or utilities; and
WHEREAS, Buyer desires to purchase the Property upon the terms, provisions and
conditions hereinafter set forth, and together with all appurtenances, improvements, easements
and/or hereditaments thereunto belonging; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, Buyer and Seller hereby covenant and agree as follows:
1. PURCHASE PRICE. The total purchase price for the Property shall be TWENTY FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00). The Purchase Price, less credit
for monies heretofore paid to Seller by Buyer for the Inspection Period and any payments
made pursuant to Section 18 herein below, shall be paid to Seller at closing as hereinafter
defined (the “Closing”).
2. EARNEST MONEY. Buyer shall deposit ONE THOUSAND AND NO/100 ($1,000.00)
into a non-interest bearing escrow account held by David D. Nelson, Whitfield & Eddy,
P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email:
Portwine@whitfieldlaw.com, within five (5) days after execution of the contract.
3. INSPECTION PERIOD. For a period of one hundred and eighty (180) days from the
date of this Agreement (the “Inspection Period”), Buyer shall have the privilege of going
upon the Property as needed to confirm zoning, confirm availability of all utilities
(including sewer), to inspect, examine, survey, make soil and subsoil tests, percolation
tests, arrange financing for the proposed development and to otherwise do what Buyer
reasonably deems necessary to determine, to Buyer’s sole satisfaction, whether the
Property is suitable for Buyer’s intended development and use. If Buyer exercises its
rights under the provisions of this Section, it shall (1) keep the Property free of any liens
or third-party claims resulting therefrom; (2) promptly pay when due the costs of all tests,
investigations and examinations done with regard to the Property; (3) indemnify and hold
Seller harmless from and against any and all liability, damages, claims, causes of action,
costs or other expenses, including without limitation reasonable attorney’s fees, paid,
incurred or asserted against Seller any lien claims or for injuries to or death of persons or
damage to property arising from or caused by Buyer’s entry onto the Property or the
negligence or willful misconduct of Buyer, its agents, employees and contractors in
Page 185 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
2
V5.3.3.0
connection with the exercise by Buyer of the rights hereunder; and (4) if Closing does not
occur for any reason, fully restore the Property as nearly as practicable to its condition
immediately before such exercise. This Section shall survive the termination of this
Agreement or Closing and delivery of the Deed. If Buyer determines, in its sole
discretion, that the Property is unsuitable for its proposed development and gives notice
of this to Seller prior to the expiration of the Inspection Period, then this Agreement shall
terminate and all earnest monies less $100 to Seller as independent consideration for the
right to terminate shall be immediately returned to the Buyer. If Buyer terminates this
contract before the end of the initial Inspection Period, Buyer shall be entitled to the
immediate return of the Earnest Money without the need of Seller's release.
Notwithstanding the foregoing, the Buyer may extend its Inspection Period for an
additional ninety (90) days by depositing into escrow an additional FIVE THOUSAND
AND NO/100 DOLLARS ($5,000.00) nonrefundable Earnest Money, for a total of SIX
THOUSAND AND NO/100 DOLLARS ($6,000.00), which shall be applicable to the
purchase Price but nonrefundable.
4. SURVEY. Buyer will secure at Buyer’s expense a boundary survey of the Property,
prepared by an engineer or land surveyor registered in the state of Iowa, selected by
Buyer. This boundary survey shows all easements, rights of way, encroachments and
matters of record, together with a certification as to the number of acres.
5. CONVEYANCE AND PERMITTED EXCEPTIONS. Upon payment by Buyer of all
amounts due at Closing for the Property and Buyer’s performance of all other obligations
to be performed by Buyer at Closing, Seller shall convey title to the Property to Buyer by
general warranty deed subject to any permitted exceptions.
6. TITLE EVIDENCE AND ABSTRACT. Within thirty (30) days after execution of this
Contract for Purchase and Sale, Seller shall deliver to David D. Nelson, Whitfield &
Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150,
Email: Portwine@whitfieldlaw.com (the “Title Company”) the original abstract of title
for the Property. The abstract will be updated for closing at Purchaser’s expense. If the
original abstract of title cannot be located, Seller shall pay all costs of obtaining a new
abstract as required for closing. Notwithstanding anything in this Agreement to contrary,
the Inspection Period shall be extended day for day for the duration of the period
necessary, if any, to create a new abstract. Within thirty (30) days after receipt of the
Abstract, Buyer shall obtain a commitment (the “Commitment”) for owner’s policy of
title insurance from Tara Lawrence, Title Guaranty, 2015 Grand Avenue, Des Moines,
Iowa 50312, 515-725-4904, 800-432-7230, Fax: 515-725-4901, certified to a current
date, and at Closing, the title policy referred to in the commitment (the “Title Policy”) in
the amount of the Purchase Price. If the commitment or survey shows any defects or
encumbrances or any covenant, restriction, easement or right -of-way of record or any
private road or utility line or facility which in Buyer’s reasonable judgment will
materially interfere with Buyer’s proposed development of the Property, then prior to
Closing, Buyer shall notify Seller of its objections to any such matter. Seller shall have a
reasonable time to cure the title defects to which Buyer has objected. If Seller fails to
cure the title defects, Buyer shall have the option of either (1) accept title subject to the
objections raised by Buyer and such accepted objections become Permitted Exceptions
Page 186 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
3
V5.3.3.0
(“Permitted Exceptions”) without any adjustment in the Purchase Price, or (2) rescind
this Agreement, whereupon the earnest monies less $100 to Seller as independent
consideration for the right to terminate shall be immediately returned to Buyer by Escrow
Agent, or (3) work with Seller to satisfy unacceptable matters and postpone the closing
date for the same time period as it takes to satisfy these matters.
7. DEVELOPMENT OF TRACT AND CONDITIONS PRECEDENT. Buyer's obligation
to close is subject to the satisfaction, as of the Closing Date, of each of the conditions
described below (any of which may be waived in whole or in part in writing by Buyer at
or prior to the Closing Date). Unless specifically stated as Seller's obligation, the
satisfaction of all these conditions shall be at Buyer's sole expense. Buyer shall diligently
and in good faith pursue the satisfaction of these conditions and Seller shall promptly
cooperate whenever required by Buyer. In the event the conditions below have not been
satisfied to the Buyer's satisfaction, the Buyer shall have the right to terminate this
Agreement by so notifying Seller in writing. In such event, the Escrow Agent shall
return the refundable earnest money to Buyer.
A. Subdivision. In the event a subdivision plat is required pursuant to applicable law in
connection with the conveyance of the Property to Buyer and/or the development of the
Property, Buyer shall use diligent efforts to cause the Property to be properly subdivided
in compliance with applicable law prior to Closing. Without limitation, Seller shall sign
subdivision plats and other normal and customary documentation as may be required to
comply with applicable laws relating to the subdivision of the Entire Tract.
In the event that the Seller has property lying within 500 feet of the Property conveyed
hereunder is subdivided out of a larger tract still owned by the Seller the remaining
Seller’s Property shall be subjected to a DECLARATION OF COVENANTS AND
RESTRICTIONS as described on Exhibit “B”. Without limitation, Seller shall sign
DECLARATION OF COVENANTS AND RESTRICTIONS on or before Closing.
Buyer shall pay for subdivision costs.
B. Mutual Cooperation. Buyer and Seller agree to cooperate with one another in all
reasonable respects in connection with any approvals, zoning changes or variances, or
similar actions or consents which may be necessary or appropriate in connection with use
of the Property and to otherwise cooperate in all reasonable respects in connection with
the development of the Property. As of the Closing Date the Property shall be properly
zoned for commercial real estate with all necessary zoning variances, if any are required,
approved for Buyer’s intended development. Buyer shall pay all costs incurred by either
party in connection with satisfying this condition.
C. No Moratoriums. There shall be no development or building moratorium in effect with
regard to the Property. In the event any such moratorium shall exist, then Buyer shall
have the option of either (1) closing the transaction in accordance with the terms of this
Agreement, (2) delaying closing until after the moratorium is lifted, or (3) terminating
this Agreement by notice to the Seller, in which event the earnest monies shall be
returned to Buyer.
Page 187 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
4
V5.3.3.0
D. Ingress and Egress. There shall be suitable ingress and egress to the Property, including
all necessary turning movements and curb cuts for Buyer's proposed development. Buyer
and Seller agree that there shall be no shared access.
E. Sanitary Sewer and Water Facilities. Buyer shall have (1) determined that sanitary sewer
and water facilities adequate to serve the Property are available and (2) secured all
required governmental approvals for the installations and use of such sanita ry sewer and
water facilities.
F. Governmental Approvals. Buyer shall have obtained all necessary governmental
approvals from the appropriate authorities for Buyer's proposed development, including
without limitation, building permits, site plan approval including parking, and storm
water retention. In addition, Buyer shall have received approval of its proposed tenant of
the site plan as satisfying all tenants’ conditions pursuant to tenant's lease agreement with
Buyer. If Buyer’s have requests pending before any government body for a permit,
license or other approval required to begin the construction Buyer anticipates on the
Property, Buyer may, by delivering written notice prior to expiration of this Agreement,
extend the closing for thirty (30) days past such time as all applicable government bodies
rule on the issuance of any requested permits, not to exceed one hundred twenty (120)
days in addition to all other extensions provided for herein.
G. Taxes/Liens. In the event there are unpaid taxes or liens relating to the Property for any
time prior to the execution of the contract, Buyer will give Seller written notice by
facsimile transmission or electronic mail of such unpaid taxes or liens effecting the
Property and request that Seller pay those taxes or liens. In the event Seller fails to pay
the taxes or liens within three (3) calendar days of Seller’s receipt, Buyer may pay those
taxes or liens directly and Seller shall reimburse Buyer for such paid amounts on or
before Closing out of Seller's closing proceeds. The Parties agree that Seller will only be
liable for taxes or liens resulting from its use of the Property prior to Closing. For
purposes of this Section 7 (G), notice to Seller’s agent shall constitute sufficient notice to
Seller.
7.1 PROPOSED USE. Buyer shall only use the Property for the construction of a
Dollar General Store. If construction in not commenced within two years of the date
of closing Seller may repurchase the property for the purchase price paid by Buyer.
If Seller does not elect to repurchase the property within 24 months from the date of
closing the Dollar General Store use restriction shall terminate and the property
may be used for any lawful purpose.
8. NON-NEGOTIATION. Seller hereby covenants and agrees that it shall not during the
Inspection Period or any extension thereof, nor prior to closing, lease the Property or
convey, demise, or otherwise encumber the Property except as specifically provided in
this Agreement.
Page 188 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
5
V5.3.3.0
9. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and
warrants to Seller that:
A. Buyer is a Missouri Limited Liability Company, duly organized, validly existing, and in
good standing under the laws of the State of Missouri and duly authorized to transact
business in and in good standing under the laws of the state where the Property is located.
B. Buyer has full capacity, right, power and authority to execute, deliver and perform this
Agreement and all documents to be executed by Buyer pursuant hereto.
10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller to the best of their
knowledge represents and warrants, and covenants with, Buyer as follows:
A. Seller has good and indefeasible fee simple title to the Property subject to matters of
record and affecting the Property and at Closing will have and will convey to Buyer by
warranty deed good and indefeasible fee simple title to the Propert y, free and clear of all
liens, defects, encumbrances, conditions, exceptions, restrictions or other matters
affecting title except Permitted Exceptions;
B. Seller has full capacity, right, power and authority to execute, deliver and perform this
Agreement and all documents to be executed by Seller pursuant hereto; provided,
however, that this Agreement shall not be binding upon Seller until approval by the
city council following a public hearing as prescribed by Iowa law;
C. Seller has not received any written notice of any current or pending litigation, tax appeals
or environmental investigations against Seller or the Property and, to Seller’s knowledge,
there is no pending litigation, tax appeals or environmental investigations against Seller
or the Property;
D. Seller has not entered into any contracts, subcontracts or agreements affecting the
Property which will be binding upon Buyer after the Closing;
E. Seller has not received any written notice from (or delivered any notice to) any
governmental authority regarding any violation of any law applicable to the Property and,
to the best of Seller’s knowledge, there are no such violations;
F. There are no occupancy rights, leases or tenancies affecting the Property;
G. No person or entity has any option, right of first refusal or other right to purchase the
Property or any part thereof or interest therein;
H. To Seller’s knowledge, no pending or, to Seller’s knowledge, threatened condemnation
proceedings affecting the Property and Seller has not received any written notice that
there is any pending or threatened condemnation of all or any part of the Property;
I. To Seller’s knowledge, no hazardous substances have been generated, stored, released, or
disposed of on or about the Property in violation of any law, rule or regulation applicable
to a Property which regulates or controls matters relating to the environment or public
health or safety (collectively, “Environmental Laws”). Seller has not received any
written notice from (nor delivered any notice to) any federal, state, county, municipal or
other governmental department, agency or authority concerning any petroleum product or
other hazardous substance discharge or seepage relating to the Property. For purposes of
this Agreement, “hazardous substances” shall mean any substance or material that is
defined or deemed to be hazardous or toxic pursuant to any Environmental Laws; and
J. Seller has no knowledge of any hazardous or solid waste placed on the property that
would require remediation or disposal.
Page 189 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
6
V5.3.3.0
Should Seller receive notice or actual knowledge of any materially inaccurate
information regarding any of the matters set forth in this Section 10 after the date of this
Agreement and prior to Closing, Seller will immediately notify Buyer of the same in
writing. If Seller is unwilling or unable to correct such inaccuracy on or before Closing
of the applicable Property, Buyer may cancel this Agreement and any Earnest Money
shall be returned to Buyer. The representations and warranties of Seller shall survive the
Closing for a period of one (1) year. Any action based on a breach of any such
representations or warranties shall be commenced within such one (1) year period or
deemed waived.
11. NOTICES. All notices will be in writing and served by postage prepaid certified mail, by
next day delivery (such as Federal Express), by facsimile transmission, or by electronic
mail to the addresses shown below, until notification of a change of such addresses. All
such notices shall be deemed delivered on the date initiated.
For Buyer: With a Copy To:
The Overland Group The Overland Group
194 Narrows Drive, Suite 1 1598 Imperial Center, Ste. 2001
Birmingham, AL 35242 P.O. Box 885
Phone: 205-995-2990 West Plains, MO 65775
Fax: 205-995-2989
For Seller:
CITY OF WATERLOO
715 Mulberry Street | Waterloo, Iowa 50703
Phone: 319-291-4366 | Fax: 319-291-4262
adrienne.miller@waterloo-ia.org
12. AGENCY DISCLOSURE.
THE BUYERS ARE LICENSED REAL ESTATE BROKERS IN THE STATES OF
MISSOURI AND ALABAMA.
There is no listing company.
The selling company Sulentic-Fischels Commercial Group is assisting the Buyer as a
transaction broker.
13. BROKER. Each party represents and warrants to the other that Sulentic-Fischels Commercial
Group is the only Broker in connection with the sale of the Property. Buyer agrees to pay
Sulentic-Fischels Commercial Group in this transaction, in cash, at closing, a FLAT RATE
FEE commission in the amount of $10,000.00 (TEN THOUSAND AND 00/100). Buyer and
Seller each warrant and represent to the other that no real estate broker or agent other than
Broker aforementioned have been used or consulted in connection with the negotiation or
execution of this Agreement and each covenants and agrees that it will defend, indemnify and
save the other harmless from and against any actions, real estate commissions, fees, costs and
/or expenses (including reasonable attorney’s fees) resulting or arising from acts of the
Real Estate Agent:
Matt Miehe CCIM,
Commercial Specialist
Sulentic-Fischels Commercial
Group
319-291-7005 - Direct
319-269-6222 - Mobile
Page 190 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
7
V5.3.3.0
indemnifying party and resulting in commission, fees, costs and/or expenses being actually
found due to any real estate broker or agent by a court of competent jurisdiction in connection
with the purchase and sale, if at all, of the Property.
14. DISCLAIMER. Seller and Buyer acknowledge that they have not relied upon advice or
representations of Broker (or Broker’s associated salespersons) relative to the legal or tax
consequences of this contract and the sale, purchase or ownership of the Property. Seller
and Buyer acknowledge that if such matters are of concern to them in the decision to sell
or purchase the Property, they have sought and obtained independent advice relative
thereto.
15. DEFAULT. In the event Seller breaches its covenant to convey the Property to Buyer or
otherwise fails to perform its obligations under this Agreement which are to be performed
by Seller at or prior to Closing in accordance with its terms, Buyer shall be entitled to one
of the following as Buyer’s sole remedy: (a) terminate this Agreement and receive a
prompt and complete return of the Earnest and any other monies heretofore paid by
Buyer to Seller or for Buyers out-of-pocket expense: OR (b) obtain specific performance
of this Agreement. If Buyer fails to perform as required under this Agreement, then
Seller shall receive the earnest monies as liquidated damages, it being agreed between
Buyer and Seller that such sum shall be liquidated damages for a default of Buyer
hereunder because of the difficulty, inconvenience, and the uncertainty of ascertaining
actual damages for such default.
16. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA). In the Closing
of this transaction, Seller and Buyer shall comply with the FIRPTA and the regulations
promulgated thereunder by the IRS.
17. NON-BUSINESS DAYS. If any date herein set forth for the performance of any
obligations by Seller or Buyer or for the delivery of any instrument or Notice or for the
satisfaction of any condition precedent, or the expiration of any contingency period, as
herein provided should be on a Saturday, Sunday or legal holiday, the compliance with
such obligations or delivery or satisfaction of such condition or expiration of such
contingency period, shall be extended to the next business day following such Saturday,
Sunday or legal holiday. As used herein, the term “legal holiday” means any state or
federal holiday for which financial institutions or post offices are generally closed in t he
State of Iowa for observance thereof.
18. CLOSING. In the event Buyer exercises its rights to purchase the Property, the
consummation of the purchase and sale, delivery of the deed of conveyance and payment
of the Purchase Price (the “Closing”) shall take place at a legal office on a date and time
mutually agreed to by the parties hereto, but in no event later than sixty (60) days after
the end of the Inspection Period, or any extensions of Closing as outlined in Section 18.
All federal, state, county and municipal ad valorem real property taxes and assessments
with respect to the Property shall be prorated at closing. If the amount of such taxes and
assessments is not known as of closing, then the pro-ration of such taxes and assessments
shall be made upon the basis of the most recent ascertainable statements, and such pro-
rations shall be adjusted when such taxes and assessments are available.
Page 191 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
8
V5.3.3.0
Seller agrees that it shall deliver sole and exclusive possession of the Property to Buyer at
Closing free and clear of all tenancies. Seller further agrees that Buyer shall have the
option to set a closing date upon sixty (60) days written notice. Seller shall be able to
remove any furniture, buildings, fixtures, or contents prior to closing. Any furniture,
buildings, fixtures, or contents remaining on the property after closing shall be owned by
the Buyer. In the event that Buyer sets a closing date in accordance with this section and
Seller fails or refuses to close on the closing date as set, Buyer may, (1) either waive the
default and proceed to close the transaction, or (2) terminate the contract and receive the
return of all Earnest Money in which case Buyer shall also be entitled to recover all of
Buyer's out of pocket expenses in due diligence and design of its project in an amount not
to exceed fifty thousand Dollars ($50,000). The remedies contained herein shall be in
addition and cumulative to those set forth in section 15 above.
Notwithstanding the foregoing, Buyer may extend the closing date for two (2) additional
periods of sixty (60) days each upon payment of $5,000 to the Escrow Agent at the time
each such extension is requested, which deposits shall be non-refundable (subject only to
Seller’s ability to convey clear title), and shall be applied towards the Purchase Price at
closing.
Seller will pay the costs of Seller’s counsel, preparation of the deed and any bill of sale,
pay all costs of obtaining a new abstract if original cannot be found,, and transfer taxes
for the conveyance.
Buyer will pay the cost of Buyer’s counsel, the cost of the survey, all loan costs required
by Buyer’s lender, updating original abstract, title policy, escrow fees, broker
commissions and recording fees for the deed and mortgage, and any applicable mortgage
tax.
19. GOVERNING LAW. This Agreement shall be construed, and the terms hereof shall be
enforceable, in accordance with the internal laws (as distinguished from the conflicts of
law provisions) of the state where the Property is located, and in the event any legal
proceedings are brought in connection with this Agreement, the parties agree that the
venue therefore shall be only state and federal courts located in the state where the
Property is located, and the courts to which an appeal therefrom may be taken.
20. EXPENSES OF ENFORCEMENT. In the event of litigation between the parties with
respect to the Property, this Agreement, the performance of their obligations hereunder or
the effect of a termination under this Agreement, the losing party shall pay all costs and
expenses incurred by the prevailing party in connection with such litigation, including
reasonable attorneys’ fees.
21. SEVERABILITY. In case any of the provisions of this Agreement shall for any reason
be held invalid, illegal, or unenforceable in any respect, the remaining provisions shall
remain in effect and the Agreement be performed in a fair and equitable manner as to any
uncertainties arising from the unenforceable provisions.
Page 192 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
9
V5.3.3.0
22. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which together shall constitute one
and the same instrument. Signatures may be faxed or e-mailed.
23. AMENDMENTS. Neither this Agreement nor any provisions hereof may be waived,
modified, amended, discharged or terminated except by an instrument in writing signed
by the party against which the enforcement of such waiver, modification, amendment,
discharge or termination is sought, and then only to the extent set forth in such
instrument.
24. DESTRUCTION OR DAMAGE. Risk of loss by damage or destruction to the Property
prior to the Closing shall be borne by Seller. The parties acknowledge that if there are
improvements on the Property, and in the event of any damage or casualty to any such
improvements on the Property, by fire or other casualty, this Agreement shall continue
unaffected, and Buyer shall have no right to any insurance proceeds of Seller with respect
to said damage.
25. CROPS/FARMING. In the event that the Property is farmed for crops, Seller shall have
the right to plant crops on the property, maintain and harvest the crop while Property is
under contract. If Buyer closes on the Property and desires to commence construction
prior to harvesting the crops, Buyer shall pay Seller the sum of $2000.00 as compensation
for the crop loss. Buyer may also request that Sellers forego planting any crops by
written request to Seller, with Buyer paying Seller $1,000.00 as compensation for the
anticipated loss of profit. Any amounts paid pursuant to this paragraph shall be in
addition to the purchase price stated in paragraph 1.
26. EXPIRATION. If this Agreement is not executed by Seller and Buyer on or before 5:00
P.M., CST/CDT time Oct. 23rd., 2017, this Agreement shall be null and void and shall
have no force and effect and neither Seller nor Buyer shall have any further obligations
hereunder. The effective date of this Agreement shall be the date upon which the later of
Seller or Buyer executes this Agreement.
Page 193 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
10
V5.3.3.0
27. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
Buyer and Seller regarding the Property, and supersedes all prior discussion, negotiations
and agreements between Buyer and Seller, whether oral or written. Neither Buyer,
Seller, nor Broker, nor any sales agent shall be bound by any understanding, agreement,
promise, or representation concerning the Property, expressed or implied, not specified
herein. If any clause or provision of this Agreement, or the application thereof to any
entity or circumstance, is or becomes illegal, invalid or unenforceable to any extent
because of present or future laws or rules or regulation of any governmental body or
entity, the intention of the parties hereto is that the remaining parts of this Agreement
shall not be affected thereby and that the same shall otherwise remain enforceable to the
fullest extent permitted by law. This Agreement shall be construed under Iowa law, and
the parties agree that any action to enforce this Agreement shall not be affected thereby
and that the same shall otherwise remain enforceable to the fullest extent permitted by
law.
Seller(s)
CITY OF WATERLOO
__________________________________
By:
As Its:
Date: _____________________________
Buyer:
THE OVERLAND GROUP, LLC
_______________________________
By: Sid Aultman
As Its: Member
Date: ____________________
Page 194 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
11
V5.3.3.0
EXHIBIT “A”
Page 195 of 297
PURCHASE AND SALE CONTRACT
Buyer’s Initials ____________ Seller’s Initials____________
12
V5.3.3.0
EXHIBIT “B”
Prepared by and when recorded
return to:
DECLARATION OF COVENANTS AND RESTRICTIONS
Date: _______________________, 2017
Owner: CITY OF WATERLOO
When recorded return to: 1598 Imperial Center, Suite 2001, West Plains, MO 65775
Tract: Shall be described once there is a survey and legal description
The Owner hereby declares that the Tract shall be held, sold, and conveyed subject to the
following restrictions for the purpose of, among other things, insuring the quiet enjoyment of the
Tract for the purpose that it is being developed and improved.
1. Benefited Parties/Binding Effect. The rights and obligations established in this
Declaration of Restrictions (this “Declaration”) shall run with the land and be for the benefit of
the Tract and any portion of the Tract and shall run with the land and be binding upon the Tract
and any use of the Tract.
2. Business Restrictions on Tract. Owner hereby further declares that the Tract
shall not be used for or used to access any business operated as the following: Family Dollar
Store, Bill’s Dollar Store, Fred’s, Dollar Tree, Ninety-Nine Cents Only, Deals, Big Lots,
Walgreens, CVS, Rite Aid, Wal-Mart, Wal-Mart Supercenter, Wal-Mart Neighborhood Market or
any Wal-Mart retail concept, as well as any establishment selling or exhibiting paraphernalia for
use with illicit drugs, any establishment selling or exhibiting materials or devices which are
adjudicated to be pornographic by a court of competent jurisdiction, and any adult bookstore,
adult video store or adult movie theater or a funeral parlor.
3. Enforcement. Owner acknowledges that monetary damages would be an
inadequate remedy for breach of this Declaration, and that any violation of this Declaration will
result in immeasurable and irreparable harm to the other party, warranting an injunction.
4. Duration. The provisions of this Declaration shall run with and bind the land
described herein and shall be and remain in effect perpetually to the extent permitted by law.
Page 196 of 297
C ITY OF WATER LOO
Council Communication
F Y 2018 Levee Tree C learing C ed ar R iver, C o ntract No. 938.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/1/2017 - 5:26 P M
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 5:30 P M
ATTA C H M EN TS :
Description Type
B id Tab B ackup M aterial
S UB J E C T:
Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing.
HO LD HEAR ING - No comments o n file.
Motio n to c lo s e hearing and rec eive and file o ral and written comments.
R es o lution c o nfirming ap p ro val o f plans , s pec ificatio ns, form o f c o ntrac t,
etc .
R es o lution autho rizing to proc eed .
Motio n to rec eive and file and ins truct C ity C lerk to read b id s and refer to
C ity Engineer fo r review.
S ub mitted by:S ubmitted By: Jamie Knuts o n, P E, As s oc iate Engineer
Exp enditure R equired :T BD
S ource o f F und s :G O Bo nds
Page 197 of 297
FY18 TREE CLEARING CEDAR RIVER
CONT. 938
Bid Tab: November 2, 2017
Estimate: $337,713.00
Bidder Bid Security Bid Amount
Vieth Construction
Cedar Falls, IA
5%
134,353.00
Hatch Grading & Contracting
Dysart, IA
5%
339,703.50
J Pettiecord5%$263,241.50
Bondurant, IA
Twin City Tree Service, LLC
Waterloo, IA
Check 5%
101566640
242,312.90
Peterson Contractors, Inc.
Reinbeck, IA
5%
453,538.10
Lodge Construction, Inc.
Clarksville, IA
5%
291,380.70
Page 198 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n approving a P ro fes s io nal S ervic es Agreement with AE C O M Tec hnic al S ervic es , Inc. for d es ign
s ervic es assoc iated with the completio n o f the C ategoric al Exclus io n Amendment fo r the F Y-2018 FAA
fund ed projec t at Waterloo R egional Airp o rt in the amo unt o f $31,700, and autho rize the Mayo r to execute s aid
d o cument.
City Council Meeting: 11/6/2017
Prepared: 10/30/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Airport K aspari, K eith Approved 10/30/2017 - 11:14 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 3:53 P M
ATTA C H M EN TS :
Description Type
Design Agreement with AE C O M for FAA G rant 46
Tree C over Memo
2018 - 2023 AC I P F inal C over Memo
S UB J E C T:
R es o lution approving a P ro fes s io nal S ervic es Agreement with AE C O M
Tec hnical S ervic es , Inc . fo r design s ervic es as s o ciated with the completion
o f the C ategoric al Exclus io n Amend ment fo r the F Y-2018 FAA funded
p ro ject at Waterlo o R egio nal Airport in the amount of $31,700, and authorize
the Mayor to execute s aid doc ument.
S ub mitted by:S ubmitted By: Keith Kaspari, Airp o rt Direc tor
R ec o mmended Ac tio n:Ap p ro ve of the above reques t b y S taff to s tart the c o mp letion of the
amendment proc es s for the C AT E X (C atego rical Exc lusion).
S ummary S tatement:
S ee attac hed AC I P for F Y's 2018 - 2023.
T his projec t is the O b s tructio n Mitigation projec t lis ted und er F Y-2018.
Exp enditure R equired :
T his is p art of a larger projec t fo r the comp letion of s o me obstruc tion
mitigation (aka - Tree R emo val) at numerous loc ations on the airfield
(centerfield and wes t o f R unway 18/36, and/o r to the north o f the airfield
(north o f the approac h to R unway 18 and no rth of the approac h to R unway
12).
Des ign c os ts as s oc iated with this projec t is ap p ro ximately: $31,700.
S ource o f F und s :T his projec t will be fund ed via the FAA and Airp o rt's P as s enger F ac ility
C harge pro gram.
G oal No : 3, and S trategy No s : 3.1, 3.3, 3.4, 3.5 and 3.7
Page 199 of 297
P olic y Issue:G oal No : 4, and S trategy No : 4.5.
Alternative:No alternatives were selec ted fo r this S taff reques t.
Background I nformatio n:
T his is the c ontinuatio n o f a p ro ject that was s tarted during late F Y-2014 /
F Y-2015, and no w needs to b e brought to a c onclus io n with the formal
completion of the C AT E X wo rk fo r the tree obs truc tion, mitigation and
remo val in the areas no ted b elo w:
1. C enterfield and Wes t o f R unway 18/36;
2. North of the Ap p ro ach to R unway 18; and ,
3. North of the Ap p ro ach to R unway 12.
Legal Desc riptio ns :No t Applic able fo r this req uest by S taff.
Page 200 of 297
P
a
g
e
2
0
1
o
f
2
9
7
P
a
g
e
2
0
2
o
f
2
9
7
P
a
g
e
2
0
3
o
f
2
9
7
P
a
g
e
2
0
4
o
f
2
9
7
P
a
g
e
2
0
5
o
f
2
9
7
P
a
g
e
2
0
6
o
f
2
9
7
P
a
g
e
2
0
7
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n approving C onvention and Vis ito rs Bureau Bo ard rec o mmendations for fund ing the fo llo wing
hotel-mo tel mini grant applic ation for the S enior S cratch Bo wling Assoc iatio n/C ad illac XBC in the amount o f
$2,231.
City Council Meeting: 11/6/2017
Prepared: 10/31/2017
R EV I EWER S :
D epartment R eviewer Action D ate
H otel/Motel D iscretionary
F unding C ommittee E ven, L eAnn Approved 10/31/2017 - 3:26 P M
ATTA C H M EN TS :
Description Type
R ecommendation B ackup M aterial
S UB J E C T:
R es o lution approving C onvention and Vis ito rs Bureau Bo ard
recommendatio ns fo r funding the following hotel-mo tel mini grant ap p lic ation
fo r the S enio r S c ratc h Bowling As s o ciation/C adillac XB C in the amo unt of
$2,231.
S ub mitted by:S ubmitted By: Annette F rees eman, Waterlo o C onvention and Vis itors
Bureau
R ec o mmended Ac tio n:Ap p ro ve rec o mmendatio n.
Page 208 of 297
Council Communication
City Council Meeting: November 6, 2017
Prepared: October 19, 2017
Dept. Head Signature:
Number of Attachments: 1
SUBJECT: Hotel/Motel Tax Mini -Grant Recommendation
Submitted by: Annette Freeseman
Recommended City Council Action: Approve Waterloo Convention & Visitors
Bureau board recommendation for funding a mini -grant application by Senior
Scratch Bowling Association / Cadillac XBC in the amount of $2,231.
Summary Statement: The CVB Board has reviewed and scored the grant
application, which covers an upcoming three-day tournament. The scored
percentage was 74.36% which leads to the recommendation of $2,231 (74.35%
of $3000 requested).
Expenditure Required: $2,231
Source of Funds: Hotel -Motel Tax Grants
Policy Issue: None
Alternative: Do not fund.
Background Information: This tournament has been in Waterloo for years, but
without this funding they will move the tournament out of town. They have also
added a singles event on Friday which should increase hotel nights.
Page 209 of 297
Waterloo Hotel -Motel Tax Grant (Mini Grant) Application
Waterloo Hotel -Motel Tax Year -Round (Mini) Grant Application
Entire application MUST be typed and every question must be answered fully
Total Request: $3000.00 Total Project Cost $20,000,00
1. Contact Information/Background Information
Name & Date of Event/Project: 50/50 Singles, Team, Doubles Tournament / December 1" 2nd 3rd
Name of presenting organization: Senior Scratch Bowling Association / CadillacXBC
Non -Profit Organization: For -Profit Organization: Yes
Check payable to (if different than above) SSBA / Cadillac XBC
FEIN Number 20-4908836
Contact person Rich Eighme
Address 1980 Winston Place
City: Waterloo State: Iowa Zip: 50701
Phone number: 319-239-8148 Email: RnKurban@aol.com
Organization web address www.lowabowl.com
Please describe your organization. Include information about mission, history, staff, volunteers, etc.? Please also
describe how your organization collaborates with others in the community throughout the year.
We have run this annual bowling tournament for the last 20 years her in Waterloo at Cadillac Lanes. The team
event of this tournament has been held on Saturday with many of the bowlers staying overnight for the Sunday
doubles. This year we are adding a singles event on Friday evening which should increase the number of
stayovers from Friday to Saturday then to Sunday. With singles, doubles, and team events we for the first time
also be offering an All Events entry we have not been able to offer in the past.
Is a member of the Waterloo City Council on your Board of Directors? NO
How does your organization market to/reach an audience outside of Black Hawk County?
Entry blanks are sent to each bowling center in Iowa and surrounding states that have participated in the past
tournaments, as well as through the GIBA (Greater Iowa Bowling Association) and the SSBA (Senior Scratch
Bowling Association)
Have hotel -motel tax grants been received for this project previously? YES
If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement.
If so, please provide an explanation for why you are applying outside of the regular grant cycle.
Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the
project/event will be required prior to the event taking place.
4
Page 210 of 297
Waterloo Hotel -Motel Tax Grant (Mini Grant) Application
2. Please share the following information about your project/event:
a. Please describe the project and specify the goals/expectations.
b. Please describe the mechanism for measuring to see if expectations are met.
3. Based on past history of this event (in Waterloo and/or in other communities) please provide as much specific
information as you can about attendance and hotel use.
a. How many people do you expect to attend? 240+
Of those, how many will be from outside Black Hawk County? 85%
b. What method was used to determine this information? Collecting data from previous years tournaments
c. What will be the mechanism for tracking/measuring attendance? Asking the bowlers to 011 out a survey upon
checking in to the tournament. How are you adjusting it from the prior year? We will try to get a larger
percentage of bowlers to take part in the survey.
d. What are your expectations for hotel room use in Waterloo? 100+ rooms
e. How will you track room use? Survey
f. Do you have room blocks? Rates? Not as of yet. We are seeking a host Hotel.
g. When are rooms typically booked? A few weeks prior to the event
h. How long will people stay? Duration of the tournament
i. How many people stay in a room? 2-3
j. Please include event attendance and hotel use history if applicable. Where has the event been held before?
Waterloo Only How many participants/spectators were involved previously? Estimated at 50+
k. For profit entities only: Please describe how this project is different from your normal business and how this
ties into your normal business. This tournament draws a far larger percentage of out of town and out of state
bowlers then normal local tournaments. How is this project tourism -related? As many of the bowlers travel with
family, many of whom seek out other things to do while the tournament is going on as well as after. How much
does this grant funding mean to the success of your event? Part of what drives this tournament is the added
prize money it offers. What are your expectations for attendance with and without grant funding? 175+
1. For event -related capital projects only: Please describe how this ties into your organization's mission, and how
the project allows you to draw additional people to Waterloo,
4. Is this a new project or idea? YES & NO
If yes, please describe, in detail, how this project explores a new idea, new direction, is innovative or a
new project? Yes — The Friday singles is new NO — The Saturday Team and Sunday Doubles is not
5. Are there significant changes to the event/application from previous years? NO
If yes, please describe, in detail, those changes. Examples could include changes in marketing efforts,
expansion of the event schedule, etc.
6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? Waterloo and this
tournament is one of the, if not largest anticipated bowling tournaments in the state. Entries fill up for the
Sunday doubles event more than a month in advance with pre -paid entries. Since there is a maximum number
of entries due to the limited number of lanes CadillacXBC have to offer. There always are several entries on a
waiting list.
7. What specific marketing will you be doing outside of Black Hawk County for this event/project? Please specify
locations, audience size, etc. Please provide information about specific media, schedule, costs, etc. mailing entry
blanks and marketing through bowling websites and other Internet sites such as Facebook
5
Page 211 of 297
Waterloo Hotel -Motel Tax Grant (Mini Grant) Application
8. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot.
Budget information should be as complete as possible. Based on last year 2016
a. Total Income: $17579.00
b. Total Expense: $17579.00
c. Net Profit (Loss) for the event: $0
d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and
how would not receiving full funding through this process affect your event? Grant money be used for added
prize money for the 4 events of the tournament weekend.
e. How will profit (if applicable) be used by the project/organization/business? Event prize money
Additional Information
Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council?
Acknowledgment and Signature
I have reviewed this Application for Grant Funds from the City al Waterloo and Waterloo Convention and Visitors Bureau, To the best ohm; knowledge, the information contained in this
application and its attachments is accurate and complete. The Hotel -Motel Tax Grant funds ore reimbursement funds for project funding already spent, and are to be used for the express
purpose os stated in the Grant Application. 1, the undersigned, know full and well that If this program/project does not transpire, recommendation by the Waterloo Convention and Visitors
Bureau Board of Directors farjunding will be withdrawn. My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of
the project that ore non -fundable or not stated herein.
Rich Eighme 10/3/2017
Signature of Applicant Date
6
Page 212 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n approving the contrac t with Tys on F res h Meats, Inc . o f Waterlo o , Iowa, and the Io wa Economic
Development Authority fo r High Q uality Job s P rogram-Tax C redit C ompo nent Incentives , and authorize the
Mayo r and C ity C lerk to execute s aid doc ument.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning S chroeder, Aric Approved 11/1/2017 - 10:06 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 4:31 P M
ATTA C H M EN TS :
Description Type
I E D A Tyson C ontract B ackup M aterial
S UB J E C T:
R es o lution approving the contrac t with Tys on F res h Meats, Inc . o f
Waterlo o , I o wa, and the Iowa Ec o nomic Development Autho rity for High
Q uality Job s P rogram-Tax C redit C ompo nent Incentives , and authorize the
Mayo r and C ity C lerk to execute s aid do c ument.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ad o p t a res o lutio n to ap p ro ve the c o ntrac t.
S ummary S tatement:
T he High Q uality Jo b s program provid es q ualifying bus inesses tax c redits
and d irect financ ial as s is tance to o ff-s et s ome o f the costs incurred to lo c ate,
expand or modernize an Io wa facility. To qualify fo r this very flexib le
as s is tance pac kage that includ es loans , forgivable lo ans, tax credits ,
exemptio ns and / o r refunds, eligib le bus ines s es mus t meet certain wage
thres hold requirements . Vis it wage requirements to view the req uirements
fo r wage thres ho ld s .
Exp enditure R equired :N/A
S ource o f F und s :Ind ustrial P ro p erty Tax Exemptio n
P olic y Issue:P o licies 1, 3, and 4 in the S trategic P lan d ealing with Ec o nomic
Development.
Alternative:NA
Eligibility R equirements :
A bus ines s must meet wage thres ho ld s requirements .
Actual award amounts will be b as ed o n the bus iness's level o f need;
Page 213 of 297
Background I nformatio n:
the q uality o f the jo b s ; the perc entage of created or retained jobs
d efined as high-quality; and the ec ono mic imp act of the projec t.
C reated jobs must pay at least 100 p erc ent o f the q ualifying wage
thres ho ld at the s tart of the projec t and 120 perc ent of the qualifying
wage thres hold b y p ro ject c o mp letio n and thro ugh the projec t
maintenanc e period unles s in a d is tres s ed area.
R etained jo b s mus t p ay at leas t 120 perc ent of the qualifying wage
thres ho ld througho ut the p ro ject c ompletio n and maintenance p eriods .
T he b us ines s mus t p ro vide a suffic ient benefits p ackage to all full time
employees that includ es at least one o f the fo llo wing:
Bus ines s pays 80 p ercent of med ical and d ental premiums fo r
s ingle coverage p lans, O R
Bus ines s pays 50 p ercent of med ical and d ental premiums fo r
family c o verage plans , O R
Bus ines s pays for s o me level o f medic al and dental coverage
and provid es the mo netary equivalent value through other
employee benefits.
Tax Inc entives :
T he S tate's refundable res earch ac tivities c red it may b e increased
while the bus iness is participating in the program.
A loc al property tax exemp tion of up to 100 perc ent of the value
ad ded to the property to a period no t to exc eed 20 years may b e
availab le.
An inves tment tax credit equal to a perc entage o f the q ualifying
inves tment, amo rtized o ver five years . T his tax credit is earned when
the c orres pond ing asset is p laced in s ervice and can be carried
fo rward for up to s even additio nal years or until d ep leted, whic hever
o cc urs firs t.
A refund o f s tate s ales , s ervic e or us e taxes p aid to c o ntracto rs o r
s ubc ontrac tors d uring cons truction.
F or d is tribution c enter projec ts, a refund o f s ales and use taxes p aid
o n rac ks , s helving, and c o nveyor equip ment.
To as s ure yo ur ad d ition/exp ansion c an benefit fro m this p ro gram,
b usines s es must apply prior to the b eginning o f the p ro ject.
Legal Desc riptio ns :NA
Page 214 of 297
ECONOMIC DEVELOPMENT
ASSISTANCE CONTRACT
BY
TYSON FRESH MEATS, INC.,
THE CITY OF WATERLOO,
AND THE
IOWA ECONOMIC DEVELOPMENT AUTHORITY
CONTRACT NUMBER: 18-TC-018
Page 215 of 297
Contract # 18-TC-018 - 2 - Fmt Approved 12/2014
TABLE OF CONTENTS
ARTICLE 1: CONTRACT DURATION
ARTICLE 2: DEFINITIONS
ARTICLE 3: AWARD TERMS
ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX
CREDIT NUMBER; DISBURSEMENT TERMS
ARTICLE 5: SECURITY REQUIREMENTS
ARTICLE 6: REPRESENTATIONS AND WARRANTIES
ARTICLE 7: COVENANTS OF THE RECIPIENT
ARTICLE 8: COVENANTS OF THE COMMUNITY
ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND
REMEDIES AVAILABLE TO IEDA
ARTICLE 10: MISCELLANEOUS
CONTRACT EXHIBITS
Exhibit A - Recipient’s Financial Assistance Application (on file with IEDA), Application #
18-HQJTC-018
Exhibit B-1 High Quality Jobs Program - Tax Credit Special Conditions
Conditions
Exhibit C - Description of the Project and Award Budget
Exhibit D - Job Obligations
Exhibit E - Reserved
Exhibit F - Reserved
Page 216 of 297
Contract # 18-TC-018 - 3 - Fmt Approved 12/2014
Economic Development
Assistance Contract
RECIPIENT: TYSON FRESH MEATS, INC.
COMMUNITY: CITY OF WATERLOO
CONTRACT NUMBER: 18-TC-018
AWARD DATE: SEPTEMBER 22, 2017
AWARD AMT. – TAX INCENTIVES $2,396,535
This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the
Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 200 East
Grand Avenue, Des Moines, IA 50309, and Tyson Fresh Meats, Inc. (Recipient), 2200 Don Tyson Parkway
(CP131), Springdale, AR 72762 and the City of Waterloo (Community), 715 Mulberry St., Waterloo, IA
50703.
WHEREAS, the Recipient submitted an application to IEDA requesting assistance in financing its
Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project);
and
WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the
Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all
of which are subject to the terms and conditions set forth herein; and
NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be
legally bound, the Recipient, the Community and IEDA agree to the following terms:
Page 217 of 297
Contract # 18-TC-018 - 4 - Fmt Approved 12/2014
ARTICLE 1: CONTRACT DURATION
This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after
completion of each of the following:
(a) Through Project Completion Date. Through the Project Completion Period and for a reasonable
period of time after Project Completion Date during which IEDA will conduct Project closeout procedures
to verify that the Project was completed in compliance with Contract requirements.
(b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance
Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date
during which IEDA will conduct closeout procedures to verify that the Project was maintained in
compliance with Contract requirements.
(c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA, if any, are received
by IEDA or all outstanding obligations to IEDA are satisfied in full.
(d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient
and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date
stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date.
ARTICLE 2: DEFINITIONS
The following terms apply to this Contract:
“Affiliate” means any entity to which any of the following applies:
a. Directly, indirectly, or constructively controls another entity.
b. Is directly, indirectly or constructively controlled by another entity.
c. Is subject to the control of a common entity. A common entity is one which owns directly or
individually more than ten percent of the voting securities of the entity.
“Award” means any and all assistance provided by IEDA for the Project under this Contract.
“Award Date” means the date first stated in this Contract and is the date the IEDA Board approved the
award of financial assistance to the Recipient for the Project.
“Award Funds” means the cash that is provided by IEDA for this Project as Project Completion
Assistance, including loans.
“Base Employment Level” means the number of Full-Time Equivalent positions as established by
IEDA and Recipient using Recipient’s payroll records, as of the date Recipient applied for Tax Incentives
or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be
in addition to the Base Employment Level.
“Benefits” means nonwage compensation provided to an employee. Benefits include medical and
dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance
coverage, vision insurance coverage, and disability insurance coverage.
“Brownfield site” means an abandoned, idled, or underutilized property where expansion or
redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes
property contiguous with the site on which the property is located. A brownfield site does not include
property which has been placed, or is proposed for placement, on the national priorities list established
Page 218 of 297
Contract # 18-TC-018 - 5 - Fmt Approved 12/2014
pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42,
U.S.C. 9601 et seq. In order to administer similar programs in a similar manner, the IEDA will attempt to
apply this definition in substantially the same way as similar definitions are applied by the Brownfield
Advisory Council established in Iowa code section 15.294 and may consult members of the council or other
staff as necessary.
“Contract Effective Date” means the latest date on the signature page of this Contract.
“Contract End Date” means the date stated in the Notice of Final Contract Closeout issued by IEDA
pursuant to Article 1.
“Created Job” means a new, permanent, Full-Time Equivalent (FTE) position added to Recipient’s
payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project
Completion Assistance.
“Full-Time Equivalent job,””FTE,” or “full-time” means the employment of one person:
1. For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays,
vacations and other paid leave; or
2. The number of hours or days per week, including paid holidays, vacations and other paid leave,
currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the
kind of service an individual performs for an employing unit, provided that the number of hours per week
is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave.
For purposes of this definition, “employment of one person” means the employment of one natural
person and does not include “job sharing” or any other means of aggregation or combination of hours
worked by more than one natural person.
“Grayfield site” means a property meeting all of the following requirements:
a. The property has been developed and has infrastructure in place, but the property’s current use is
outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted,
obsolete, or otherwise underutilized property.
b. The property’s improvements and infrastructure are at least twenty-five years old and one or more
of the following conditions exists:
(1) Thirty percent or more of a building located on the property that is available for occupancy has been
vacant or unoccupied for a period of twelve months or more.
(2) The assessed value of the improvements on the property has decreased by twenty-five percent or
more.
(3) The property is currently being used as a parking lot.
(4) The improvements on the property no longer exist.
c. The Authority will attempt to apply this definition in substantially the same manner as similar
definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294.
“Job Obligations” means the jobs that must be created or retained as a result of receipt of state or
federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are
required to meet the Qualifying Wage Threshold requirements. Recipient’s Job Obligations are specified
in Exhibit D of this Contract. Jobs that do not meet the Qualifying Wage Threshold requirements shall not
be counted toward Recipient’s job creation or job retention obligations contained in Exhibit D. The Job
Obligations in Exhibit D include Recipient’s Base Employment Level and the number of new jobs required
to be created above the Base Employment Level.
“Laborshed Wage” means the Qualifying Wage Threshold applicable to Recipient’s Project as
calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this
Contract.
Page 219 of 297
Contract # 18-TC-018 - 6 - Fmt Approved 12/2014
“Loan” means an Award of assistance with the requirement that the Award be repaid with term, interest
rate, and other conditions specified as part of the conditions of the Award. “Loan” includes deferred loans,
forgivable loans, and float loans. A “deferred loan” is one for which the payment for principal, interest, or
both, is not required for some specified period. A “forgivable loan” is one for which repayment is eliminated
in part or entirely if the borrower satisfies specified conditions. A “float loan” means a short-term loan, not
to exceed 30 months, made from obligated but unexpended moneys.
“Maintenance Period” means the period of time between the Project Completion Date and the
Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time.
“Maintenance Period Completion Date” means the date on which the Maintenance Period ends. The
specific date on which the Maintenance Period ends is identified in Exhibit D.
“Person” means as defined in Article 6.1(g) of this Contract.
“Project” means the description of the work and activities to be completed by the Recipient as outlined
in Exhibit C - Description of the Project and Award Budget.
“Project Completion Assistance” means financial assistance or technical assistance provided to an
eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in
this state and provided in an expedient manner to ensure the successful completion of the start-up location,
modernization, or expansion project.
“Project Completion Date” means the date by which the Recipient of incentives or assistance has
agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will
be a date by which the project must be completed, all incented jobs must be created or retained, and all
other applicable requirements must be met. The specific date on which the project completion period ends
is identified in Exhibit D.
“Project Completion Period” means the period of time between the Award Date and the Project
Completion Date.
“Qualifying Jobs” are those Created or Retained Jobs that meet or exceed the Qualifying Wage
Threshold Requirement established to qualify for program funding for the programs providing assistance
to this Project.
“Qualifying Wage Threshold” means the Laborshed Wage as calculated by IEDA pursuant to statute
and rule for each program under which financial assistance or Tax Incentives for this Project are awarded.
The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D, Job Obligations.
“Recipient’s Employment Base” means the number of jobs as stated in Exhibit D – Job Obligations
that the Recipient and IEDA have established as the Base Employment Level for this Project. The number
of jobs the Recipient has pledged to create shall be in addition to the Recipient’s Employment Base.
“Retained Job” means an existing job that meets the Qualifying Wage Threshold Requirements and
would be eliminated or moved to another state if the Project did not proceed in Iowa.
“Sufficient Benefits” means that Recipient offers to each Full-Time Equivalent permanent position a
benefits package that meets one of the following:
1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee
coverage with the maximum deductible specified for this project in Exhibit D; or
Page 220 of 297
Contract # 18-TC-018 - 7 - Fmt Approved 12/2014
2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family
coverage with the maximum deductible specified for this project in Exhibit D; or
3. Recipient provides medical coverage and pays the monetary equivalent of paragraph “1” or “2” above
in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical
coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing,
disability insurance, and child care services.
“Tax Incentives” means the tax credits, refunds, or exemptions IEDA has awarded for this Project as
detailed in Article 3.
“Total Project Cost” means the cost incurred by the Recipient to complete the Project as described in
Exhibit C.
ARTICLE 3: AWARD TERMS
3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and
Recipient from the funding sources and in the maximum amounts shown below:
TAX INCENTIVES FORM MAXIMUM
AMOUNT
High Quality Jobs Program Tax Incentives $ 2,396,535
TOTAL STATE TAX INCENTIVES: $ 2,396,535
3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described
in this Contract and the following incorporated exhibit(s):
Exhibit B-1 High Quality Jobs Program – Tax Credit Component Special Conditions
ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS
4.1 Direct State Financial Assistance – Disbursements of Award Funds.
(a) Conditions to Disbursement. The obligation of IEDA to disburse funds under this Contract shall be
subject to the conditions described in this Article 4.
(b) Process to Request Disbursement of Award Funds. Recipient shall prepare, sign and submit
disbursement requests and reports as specified in this Contract in the form and content required by IEDA.
Recipient shall verify that claimed expenditures are allowable costs. The Recipient shall maintain
documentation adequate to support the claimed costs.
(c) Documents Submitted. Funds will not be disbursed until IEDA has received the documents described
in section 4.3 below as well as the following additional documents, properly executed and completed and
approved by IEDA as to form and substance:
1. Security Documents. The fully executed Security Documents required in Article 5.
2. Promissory Note(s). The Promissory Note(s) required and described in the exhibit(s).
Page 221 of 297
Contract # 18-TC-018 - 8 - Fmt Approved 12/2014
3. Requests for Disbursement. All disbursements of Award Funds shall be subject to receipt by
the IEDA of requests for disbursement, in form and content acceptable to IEDA, submitted by the Recipient.
All requests shall include documentation of costs that have been paid or costs to be paid immediately upon
receipt of Award proceeds.
(d) Prior Costs. No expenditures made prior to the Award Date may be included as Project costs. No
funds will be disbursed for expenditures prior to the Award Date.
(e) Cost Variation. In the event that the actual cost of the Project is less than the Total Project Cost
specified in Exhibit C, the Award Funds specified in Article 3.1 shall be reduced at the same ratio as the
reduction in the actual cost of the Project bears to the Total Project Cost specified in Exhibit B. Any funds
previously disbursed by IEDA in excess of the reduced Award Funds to be provided by IEDA shall be
returned to IEDA immediately upon receipt by Recipient of a written request by IEDA for repayment.
(f) Investment of Award Funds.
1. In the event that the Award Funds are not immediately utilized, temporarily idle Award Funds
held by the Recipient may be invested, provided that such investments shall be in accordance with State
law, including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public
funds. Interest accrued on temporarily idle Award Funds held by the Recipient shall be credited to and
expended on the Project prior to the expenditure of other Award Funds.
2. Within ten (10) days of receipt of a written request from IEDA, Recipient shall inform IEDA in
writing of the amount of unexpended Award Funds in the Recipient's possession or under the Recipient's
control, whether in the form of cash on hand, investments, or otherwise. Recipient shall return to IEDA all
unexpended Award Funds remaining, including accrued interest, after all allowable Project costs have been
paid or obligated within thirty (30) days after the Project Completion Date.
4.2 Tax Incentives–Conditions to Issuance of Tax Credit Number.
(a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives
described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has
undertaken the activities described in this Contract and the applicable law to be eligible for such Tax
Incentives.
(b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will
issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing
any claims for Tax Incentives.
(c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number
shall be subject to the conditions precedent described in Article 4.
(d) Documents Submitted. IEDA shall have received the documents described in section 4.3, properly
executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit
number.
4.3 Documents required.
(a) Contract. Fully executed Contract.
(b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization,
whichever is appropriate, of the Recipient, certified in each instance by its secretary or assistant secretary.
Page 222 of 297
Contract # 18-TC-018 - 9 - Fmt Approved 12/2014
(c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from
the State of incorporation or organization, whichever is appropriate, and a certificate of authority
authorizing the Recipient to conduct business in the state of Iowa, if it is not organized or incorporated in
Iowa.
(d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing
statement, tax and judgment lien search results, in the Recipient’s state of incorporation or organization,
against the Recipient and/or the property serving as the Recipient’s security under this Contract, and
documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no
judgments or unsatisfied liens or similar adverse credit actions.
(e) Other Required Documents. Such other contracts, instruments, documents, certificates and
opinions as IEDA may reasonably request.
(f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)”b,” if the Recipient
generates solid or hazardous waste, it must either: a) submit a copy of the Recipient’s existing in-house
plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted
within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit
documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste
Reduction Center to conduct the audit.
(g) Release Form – Confidential Tax Information. A signed Authorization for Release of Confidential
State Tax Information form to permit IEDA to receive the Recipient’s state tax information directly from
the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and
other state financial assistance programs.
(h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to
IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement
in the Project and received the IEDA's approval of the documentation. The documentation shall include the
amount, terms and conditions of the financial commitment, as well as any applicable schedules and may
include agreements and resolutions to that effect.
(i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the
construction of new buildings and if any of the following applies:
1. The building or structure is located in a governmental subdivision which has not adopted
a local building code; or
2. The building or structure is located in a governmental subdivision which has adopted a
building code, but the building code is not enforced; or
3. Bidding for construction shall not be conducted prior to obtaining written approval of
the final plans by the State Building Code Bureau of the Iowa Department of Public Safety.
4.4 Suspension, Reduction or Delay of Award. Any one or more of the following shall be grounds for
IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a
tax credit number or receipt of Tax Incentives:
(a) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this
Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until
such time as the default has been cured.
(b) Layoff, closure or relocation. In the event the Recipient experiences a layoff within the state of
Iowa, relocates or closes any of its Iowa facilities IEDA has the discretion to reduce or eliminate some or
Page 223 of 297
Contract # 18-TC-018 - 10 - Fmt Approved 12/2014
all of the Award.
(c) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or
delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a
deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or
(ii) any other reason beyond the IEDA’s control may, in the IEDA’s discretion, result in the suspension,
reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient.
4.5 Closing Cost Fee. Upon execution of the contract and prior to the issuance of a tax credit number or the
disbursement of Award Funds, an eligible business shall remit to the Authority a one-time compliance cost
fee in the amount of $500.
ARTICLE 5: RESERVED.
ARTICLE 6: REPRESENTATIONS AND WARRANTIES
6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows:
(a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good
standing under the state of its incorporation or organization, whichever is appropriate, and is authorized to
conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and
conduct its business as now conducted, and is duly licensed or qualified and in good standing in each
jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased
by it requires such licensing or qualifying, except where the failure to so qualify would not have a material
adverse effect on the Recipient’s ability to perform its obligations hereunder.
(b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this
Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract
and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract
on behalf of the Recipient, and to perform, or cause to be performed, each and all of the obligations under
the Contract.
The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient
and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance
with its terms. This Contract and related documents do not contravene any provision of law or any
judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate
governance documents of the Recipient, nor does this Contract contravene or constitute a default under any
covenant, indenture or contract of or affecting the Recipient or any of its properties.
(c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date.
(d) Financial Reports. The consolidated balance sheet of Tyson Foods, Inc. and Subsidiaries, which includes the
Recipient, furnished to IEDA fairly presents its financial condition as of said date and is in conformity
with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has
no contingent liabilities which are material to it, other than as indicated on such financial statements or,
with respect to future periods, on the financial statements furnished to IEDA.
(e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient
foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the
Recipient, except those occurring in the ordinary course of business, none of which individually or in the
Page 224 of 297
Contract # 18-TC-018
- 11 - Fmt Approved 12/2014
aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material
adverse change in the condition of the Recipient, financial or otherwise, or the prospects of the Recipient.
(f) Full Disclosure; Recipient’s Financial Assistance Application. The statements and other information
furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation
of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to
make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to
any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of
information and estimates it believed to be reasonable.
(g) Trademarks, Franchises and Licenses. To the best of its knowledge, the Recipient owns, possesses, or
has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights,
trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now
conducted, without a known material conflict with any patent, license, franchise, trademark, trade name, trade
style, copyright or other proprietary right of any other Person. As used in this Contract, “Person” means an
individual, partnership, corporation, association, trust, unincorporated organization or any other entity or
organization, including a government or agency or political subdivision thereof.
(h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals
of all Federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each
case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse
effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result
in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the
Recipient, threatened.
(i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the
knowledge of the Recipient, threatened, against the Recipient which, if adversely determined would result in any
material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the
Recipient aware of any existing basis for any such litigation or governmental proceeding.
(j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its
property involved with the Project including, without limitation, the Secured Property if real property is a
security for this Contract reflected on the most recent balance sheets furnished to the IEDA, except for sales of
assets in the ordinary course of business.
(k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have, in fact, been filed, and all
taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income
or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes,
assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate
proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established
in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment
against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate
provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years,
and for their current fiscal period.
(l) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract
of or affecting the Recipient’s business or any of its properties, which default, if uncured, would have a material
adverse effect on its financial condition, properties, business or operations.
(m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing.
(n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state
and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and
laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous
Page 225 of 297
Contract # 18-TC-018
- 12 - Fmt Approved 12/2014
wastes or substances, non-compliance with which could have a material adverse effect on the financial condition,
properties, business or operations of the Recipient. Other than what was disclosed in the Affidavit submitted as
an attachment to the Financial Assistance Application, the Recipient has not received notice that its operations are
not in compliance with any of the requirements of applicable federal, state or local environmental or health and
safety statutes and regulations or are the subject of any governmental investigation evaluating whether any
remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the
environment, which non-compliance or remedial action could have a material adverse effect on the financial
condition, properties, business or operations of the Recipient.
(o) Effective Date of Representations and Warranties. The warranties and representations of this Article are
made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient at the time
each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the
Recipient.
6.2 Representations of Community.
(a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all
necessary local approvals and has full right and authority to enter into this Contract. The person signing this
Contract has full authority on behalf of the Community to:
1. Sign this Contract, and
2. Perform each and all of the Community’s obligations under this Contract.
The Contract delivered by the Community has been duly authorized, executed and delivered by the Community
and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance
with its terms. This Contract and related documents do not contravene any provision of law or any judgment,
injunction, order or decree binding upon the Community or contravene or constitute a default under any
covenant, indenture or contract of or affecting the Community or any of its properties.
(b) Local Commitment. The Community represents that there are legally enforceable commitments in place
for the Community local commitment identified for the Project in Exhibit C -Description of the Project and
Award Budget.
(c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the
Community’s ability to perform its obligations under this Contract.
(d) Full Disclosure; Community’s Financial Assistance Application. The statements and other information
furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the
negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary
to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to
any projections furnished to the IEDA, the Community only represents that the same were prepared on the basis of
information and estimates it believed to be reasonable.
(e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals
of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under
this Contract. No investigation or proceeding which, if adversely determined, could reasonably be expected
to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of
the Community, threatened.
(f) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor
to the knowledge of the Community, threatened, against the Community which, if adversely determined would
result in any material adverse change in the Community’s ability to perform under this Contract, nor is the
Community aware of any existing basis for any such litigation or governmental proceeding.
Page 226 of 297
Contract # 18-TC-018
- 13 - Fmt Approved 12/2014
(g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is
continuing.
(h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state
and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws
and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes
or substances, non-compliance with which could have a material adverse effect on the financial condition,
properties, business or operations of the Community in relation to the Community’s ability to perform its
obligations under this contract. The Community has not received notice that its operations are not in
compliance with any of the requirements of applicable federal, state or local environmental or health and
safety statutes and regulations or are the subject of any governmental investigation evaluating whether any
remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the
environment, which non-compliance or remedial action could have a material adverse effect on the financial
condition, properties, business or operations of the Community in relation to the Community’s ability to perform
its obligations under this contract.
(i) Effective Date of Representations and Warranties. The warranties and representations of this Article are
made as of the Contract Effective Date.
ARTICLE 7: COVENANTS OF THE RECIPIENT
For the duration of this Contract, the Recipient covenants to IEDA as follows:
7.1 Project Performance Obligations.
(a) Use Award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for
the activities described in Exhibit C -Description of the Project and Award Budget and this Contract. Use of the
Award Funds shall conform to the Budget for the Project as detailed in Exhibit C -Description of the Project and
Award Budget. The Recipient represents that there are legally enforceable commitments in place from the funding
sources identified for the Project in Exhibit C -Description of the Project and Award Budget.
(b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory
eligibility requirements for the funding sources providing assistance under this Contract.
(c) Project Time Period. This Contract covers the Project time period from the Award Date through the
Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project
time period shown below:
Page 227 of 297
Contract # 18-TC-018
- 14 - Fmt Approved 12/2014
COMPLIANCE
MEASUREMENT
POINT
COMPLIANCE
MEASUREMENT
POINT
Award
Date
Project
Completion
Period
Project
Completion Date
Maintenance
Period
Maintenance Period
Completion Date
Contract
Closeout
“Award Date” is
the date first
stated in this
Contract and is
the date the
IEDA Board
approved the
awarding of
financial
assistance to the
Recipient for the
Project.
“Project
Completion
Period” is the
period of time
between the Award
Date and the
Project Completion
Date.
“Project
Completion Date” is
the date defined in
Exhibit D by which
the Recipient must
complete the
Project.
At this point, IEDA
will review the
Project to verify
compliance with
Contract terms and
obligations.
“Maintenance
Period” is the
period of time
between the
Project
Completion
Date and the
Maintenance
Period
Completion
Date. The
Project must be
maintained in
Iowa for this
period of time.
“Maintenance Period
Completion Date” is
the date defined in
Exhibit D on which
the Maintenance
Period ends.
At this point, IEDA
will review the Project
to verify that it was
maintained in
compliance with
Contract terms and
obligations.
IEDA will conduct
Contract Closeout
procedures after all
events described in
Article 1 have been
met.
“Contract End Date”
is the date stated in
IEDA’s written
Notice of Final
Contract Closeout
that is issued
pursuant to Article 1.
(d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall
complete the Project, make the total investment it pledged for the Project and in accordance with the Award
Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other
performance requirements described in this Contract.
(e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project
with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget.
(f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the
Project through the Maintenance Period Completion Date.
(g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and
maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient
will preserve and keep in force and effect all licenses, permits, franchises, approvals, patents, trademarks,
trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its
respective business.
7.2 Taxes and Insurance.
(a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates,
assessments, fees, and governmental charges upon or against its properties, in each case before the same
become delinquent and before penalties accrue thereon, unless and to the extent that the same are being
contested in good faith and by appropriate proceedings and adequate reserves are provided therefore.
(b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance
companies all insurable property owned by it which is of a character usually insured by Persons similarly
situated and operating like properties against loss or damage from such hazards or risks as are insured by
Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards
and risks, including employers' and public liability risks in good and responsible insurance companies as
and to the extent usually insured by Persons similarly situated and conducting similar business. The
Page 228 of 297
Contract # 18-TC-018
- 15 - Fmt Approved 12/2014
Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and
extent of the insurance maintained pursuant to this Article.
7.3 Preserve Project and Protect Security.
(a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good
repair, working order and condition, ordinary wear and tear excepted, and will from time to time make all
needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times
the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices.
(b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract, the Recipient
shall not, without prior written disclosure to IEDA and prior written consent of IEDA, which shall not be
unreasonably withheld, directly or indirectly:
1. Sell, transfer, convey, assign, encumber or otherwise dispose of any of the Secured Property
for this Project.
2. Place or permit any restrictions, covenants or any similar limitations on the Secured Property
or in the Security Documents for the Project.
3. Remove from the Project site or the State all or any part of the Secured Property.
4. Create, incur or permit to exist any lien of any kind on the Secured Property.
7.4 Recipient Changes.
(a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the
nature of the business and activities being conducted or proposed to be conducted by Recipient, as described
in the Recipient's approved Financial Assistance Application, Exhibit A of this Contract, unless approved
in writing by IEDA prior to the change.
(b) Changes in Recipient Ownership, Structure and Control. The Recipient shall not materially change
the ownership, structure, or control of the business if it would adversely affect the Project. This includes,
but is not limited to, entering into any merger or consolidation with any person, firm or corporation or
permitting substantial distribution, liquidation or other disposal of assets directly associated with the
Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure
or control. The materiality of the change and whether the change adversely affects the Project shall be as
reasonably determined by IEDA.
7.5 Required Reports.
(a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and
content required by IEDA, as specified in this Contract.
(b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA
throughout the Contract period:
Report Due Date
Annual Project Status Report
The Annual Project Status Report will collect
information from the Recipient about the status
of the Project.
July 31st for the period ending June 30th
Page 229 of 297
Contract # 18-TC-018
- 16 - Fmt Approved 12/2014
End of Project Report
The End of Project Report will collect
information from the Recipient about the
completed Project.
Within 30 days of Project Completion Date
End of Maintenance Period Report
The End of Maintenance Period Report will
collect information from the Recipient’s
continued maintenance of the Project.
Within 30 days of the end of the Maintenance
Period Completion Date
(c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to
require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions
would provide needed information about Recipient’s Project performance, or if necessary in order to meet
requests from the Iowa General Assembly, the Department of Management or the Governor’s office. At the
request of IEDA, Recipient shall submit the annual 10K SEC Filing of its parent company and subsidiaries which
includes Recipient. .
7.6 Compliance with Laws.
(a) State, local and federal laws. Recipient shall comply in all material respects with the requirements
of all applicable federal, state and local laws, rules, regulations and orders.
(b) Environmental laws. Recipient shall comply in all material respects with all applicable
environmental, hazardous waste or substance, toxic substance and underground storage laws and
regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any
buildings, improvements, fixtures, equipment or its property required by reason of any applicable
environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations.
(c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal,
state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination
in employment, including the administrative rules of the Iowa Department of Management and the Iowa
Civil Rights Commission which pertain to equal employment opportunity and affirmative action.
(d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable
federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and
worker safety.
(e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State.
In addition to any and all other applicable penalties provided by current law, all or a portion of the Award
is subject to recapture by IEDA if Recipient is found to knowingly employ individuals not legally authorized
to work in the State of Iowa.
(f) Compliance with IEDA’s Administrative Rules. Recipient shall comply with IEDA’s administrative
rules for the programs under which assistance is provided to the Project and rules governing administration
of this Contract.
7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized
representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to:
(a) Conduct site visits and inspect the Project.
Page 230 of 297
Contract # 18-TC-018
- 17 - Fmt Approved 12/2014
(b) Audit financial records related to the Project.
(c) Examine and make copies of the books of accounts and other financial records of the Recipient
related to the Project.
(d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same
by, its officers, and independent public accountants. By this provision, the Recipient authorizes such
accountants to discuss with the IEDA and the IEDA’s duly authorized representatives the finances and
affairs of the Recipient related to the Project
7.8 Maintenance and Retention of Records.
(a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all other
evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by
IEDA.
(b) Access to Records. Records to verify compliance with the terms of this Contract shall be available
at all times, and made available to IEDA and its designees at places and times designated by IEDA, for the
duration of this Contract and any extensions thereof. Recipient shall make its records available to: (i) IEDA;
(ii) IEDA’s internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv)
the Attorney General of the State of Iowa; (v) the Iowa Division of Criminal Investigations and any other
applicable law enforcement agencies.
(c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from
the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or
legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding
has been resolved.
7.9 Required Notices from Recipient to IEDA.
(a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty (30) days
of the occurrence of: (a) any event that has a material adverse effect on Recipient’s ability to complete the
Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the
Project; (c) a material modification of the nature of the business conducted at the Project; and (d) the transfer
of the Project or any material interest in the Project in connection with financing or refinancing the Project.
(b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA
with written notice within ten (10) days of the occurrence of any claims, lawsuits, bankruptcy proceedings,
or other proceedings brought against Recipient that have a material adverse effect on Recipient’s ability to
complete the Project in accordance with the terms of this Contract.
7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA; the State
of Iowa; its departments, divisions, agencies, sections, commissions, officers, employees and agents from
and against all losses, liabilities, penalties, fines, damages and claims ,including taxes, and all related costs
and expenses ,including reasonable attorneys' fees and disbursements and costs of investigation, litigation,
settlement, judgments, interest and penalties, arising from or in connection with any of the following:
(a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project;
(b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach
by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract;
Page 231 of 297
Contract # 18-TC-018
- 18 - Fmt Approved 12/2014
(c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that
the Recipient is required to insure against as provided for in this Contract; and
(d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of
the Recipient or any of its agents in its or their capacity as an employer of a person.
7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is
determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar
authorized governmental entity to be unallowable under the terms of this Contract.
7.12 Ongoing Fees Based on Claims. For the duration of this Contract and for as long as Recipient
claims or applies for benefits against its Iowa tax liability under this Contract, Recipient shall remit to the
Authority a compliance cost fee equal to one-half of 1 percent of the value of the Tax Incentives claimed
pursuant to this Contract. The fee shall be due and payable upon filing the Recipient’s annual tax return
for each tax year in which the Recipient claims Tax Incentives under this Contract.
ARTICLE 8: COVENANTS OF THE COMMUNITY
For the duration of this Contract, the Community covenants to IEDA as follows:
8.1 Local Match. The Community shall provide the local financial assistance for the Project as
described in Exhibit C, Project Description and Award Budget.
8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the
Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's
ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide
written notice to IEDA.
ARTICLE 9: DEFAULTS AND REMEDIES
9.1 Default by Recipient. An unremedied Event of Default may result in termination of this Contract
and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax
Incentives actually received, plus applicable default interest and costs.
(a) Events of Default Any one or more of the following shall constitute an "Event of Default" under
this Contract:
1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by
this Contract whether by lapse of time, acceleration or otherwise; or
2. Noncompliance with Covenants. Default in the observance or performance of any covenant set
forth in Article 7, for more than twenty (20) business days; or
3. Noncompliance with Security Documents. Default in the observance or performance of any
term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein;
or
4. Noncompliance with Contract. Default in the observance or performance of any other provision
of this Contract; or
Page 232 of 297
Contract # 18-TC-018
- 19 - Fmt Approved 12/2014
5. Material Misrepresentation. Any representation or warranty made by the Recipient in this
Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A,
Recipient’s Financial Assistance Application, or in connection with any of the above, proves untrue in any
material respect as of the date of the issuance or making thereof; or
6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by
Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest
in favor of the IEDA; or
7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or
any similar process or processes entered or filed against the Recipient or against any of its property and
remains unvacated, unbonded or unstayed for a period of 30 days which materially and adversely affects
Recipient’s ability to perform its obligations under this Contract; or
8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the
Recipient which would have a material adverse effect on the ability of the Recipient to perform under this
Contract; or
9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered
involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not
pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment
for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver,
custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v)
commence any proceeding seeking to have entered against it an order for relief under the United States
Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation,
reorganization, arrangement, adjustment or composition of it or its debts under any law relating to
bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading
denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith
any appointments or proceeding described below; or
10. Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official
is appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding
described above is commenced against the Recipient and such appointment continues undischarged or such
proceeding continues undismissed or unstayed for a period of sixty (60) days; or
11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after
consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction
of the obligations under this Contract, or the performance of or observance of the covenants in this Contract,
is or will be materially impaired; or
12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the
required due dates as outlined in Article 7; or
13. Layoffs, Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates
or closes any of its facilities within the state of Iowa; or
14. Hiring workers not authorized to work in state. The Recipient fails to only employ only
individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ
individuals not legally authorized to work in the state of Iowa then, in addition to any and all other
applicable penalties provided by current law, all or a portion of the assistance received is subject to
repayment; or
15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory
Page 233 of 297
Contract # 18-TC-018
- 20 - Fmt Approved 12/2014
eligibility requirement for a program providing assistance under this Contract.
(b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event
of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient
setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable
period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during
which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible.
(c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the
required time period, IEDA may, after written notice to Recipient:
1. Terminate this Contract.
2. Suspend or reduce pending and future disbursements.
3. Declare immediately due and payable without further demand, presentment, protest or notice
of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to
this Contract, including both principal and interest and all fees, charges and other amounts payable under
this Contract.
4. Require repayment of all or a portion of Award Funds disbursed.
5. Revoke or reduce authorized Tax Incentives.
6. Require full repayment of all or a portion of the value of Tax Incentives received.
(d) Reserved.
(e) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of
6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue
from the first date Award Funds are disbursed or Tax Incentives are received.
(f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by
IEDA, including reasonable attorneys’ fees and court costs, in connection with any Default or Event of
Default by the Recipient or in connection with the enforcement of any of the terms of this Contract.
9.2 Default by Community. An unremedied Event of Default may result in termination of this
Contract and repayment by Community of all or a portion of the pledged local match, plus applicable default
interest and costs.
(a) Events of Default. Any one or more of the following shall constitute an "Event of Default by
Community" under this Contract:
1. Noncompliance with Covenants. Default in the observance or performance of any covenants of
the Community set forth in Article 8, for more than five (5) business days; or
2. Material Misrepresentation. Any representation or warranty made by the Community in this
Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community
in Exhibit A, Recipient’s Financial Assistance Application, or in connection with any of the above, proves
untrue in any material respect as of the date of the issuance or making thereof.
(b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event
of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community
Page 234 of 297
Contract # 18-TC-018
- 21 - Fmt Approved 12/2014
setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable
period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during
which the Community shall have an opportunity to cure, provided that cure is possible and feasible.
(c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not
cured within the required time period, IEDA may, after written notice to Community:
1. Suspend or reduce pending and future disbursements to Community.
2. Require payment by Community of the amount of local financial assistance pledged to the
Project but not provided.
(d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by
IEDA including reasonable attorneys’ fees and court costs, in connection with any Default or Event of
Default by the Community or in connection with the enforcement of any of the terms of this Contract.
ARTICLE 10: MISCELLANEOUS.
10.1 Choice of Law and Forum; Governing Law.
(a) In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with
this Contract, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the
State of Iowa, if such court has jurisdiction. If, such court lacks jurisdiction and jurisdiction lies only in a
United States District Court, the matter shall be commenced in the United States District Court for the
Southern District of Iowa, Central Division.
(b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal
court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents.
(c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in
accordance with, the internal laws of the State of Iowa without regard to principles of conflicts of laws.
10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in
connection with this Contract, may be changed, waived, discharged or terminated orally, except as provided
below:
(a) Writing required. The Contract may only be amended if done so in writing and signed by all the
parties. Examples of situations requiring an amendment include, but are not limited to, time extensions,
budget revisions, and significant alterations of existing activities or beneficiaries.
(b) IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the
IEDA’s rules and procedures applicable to contract amendments.
10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing, including,
without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax
number set forth below, or such other address, e-mail address, or fax number as such party may hereafter
specify by notice to the other parties provided by United States mail, by fax or by other telecommunication
device capable of creating a written record of such notice and its receipt. Notices hereunder shall be
addressed:
Page 235 of 297
Contract # 18-TC-018
- 22 - Fmt Approved 12/2014
To the Recipient at:
Tyson Fresh Meats, Inc.
Alyson Brown
2200 Don Tyson Parkway (CP131)
Springdale, AR 72762
E-mail: Alyson.Brown@tyson.com
Telephone: 479.290.4809
To the IEDA at:
Iowa Economic Development Authority
Compliance
200 East Grand Avenue
Des Moines, Iowa 50309
Attention: Business Development - Compliance
E-mail: Compliance@iowaeda.com
Telephone: 515.725.3000
Facsimile: 515.725.3010
To the Community at:
City of Waterloo
Noel Anderson
715 Mulberry St.
Waterloo, IA 50703
E-mail: noel.anderson@waterloo-ia.org
Telephone: 319.291.4366
Each such notice, request or other communication shall be effective (i) if given by facsimile, when such
facsimile is transmitted to the facsimile number specified in this Article and a confirmation of such facsimile
has been received by the sender, (ii) if given by e-mail, when such e-mail is transmitted to the e-mail address
specified in this Article and a confirmation of such e-mail has been received by the sender, (iii) if given by
mail, five (5) days after such communication is deposited in the mail, certified or registered with return
receipt requested, addressed as aforesaid or (iv) if given by any other means, when delivered at the addresses
specified in this Article.
10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not
a part of this Contract for any other purpose.
10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient
has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with
the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A,
Iowa Administrative Procedure Act.
10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other
default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any
right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or
remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy.
Page 236 of 297
Contract # 18-TC-018
- 23 - Fmt Approved 12/2014
10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which together shall constitute but one and the same instrument.
10.8 Survival of Representations. All representations and warranties made herein or in any other
Contract document or in certificates given pursuant hereto or thereto shall survive the execution and
delivery of this Contract and the other Contract documents and shall continue in full force and effect with
respect to the date as of which they were made until all of Recipient's obligations or liabilities under this
Contract have been satisfied.
10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without
invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in
any other jurisdiction. All rights, remedies and powers provided in this Contract or any other Contract
document may be exercised only to the extent that the exercise thereof does not violate any applicable
mandatory provisions of law, and all the provisions of this Contract and any other Contract document are
intended to be subject to all applicable mandatory provisions of law which may be controlling and to be
limited to the extent necessary so that they will not render this Contract or any other Contract document
invalid or unenforceable.
10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their
respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their
successors and assigns.
10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless
approved in writing by IEDA.
10.12 Termination. This Contract can be terminated under any of the following circumstances:
(a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA.
(b) Unremedied Event of Default. As a result of the Recipient’s or Community’s unremedied Event of
Default pursuant to Article 9.
(c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding
to IEDA as provided in Article 4.4(c).
10.13 Documents Incorporated by Reference. The following documents are incorporated by reference
and considered an integral part of this Contract:
1. Exhibit A - Recipient’s Financial Assistance Application (on file with IEDA),
Application # 18-HQJP-018
2. Exhibit B-1 High-Quality Jobs Program – Tax Credit Component Special Conditions
3. Exhibit C - Description of the Project and Award Budget
4. Exhibit D - Job Obligations
5. Exhibit E- Reserved
6. Exhibit F - Reserved
10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of
this document and the exhibits, the following order of priority shall control:
Page 237 of 297
Contract # 18-TC-018
- 24 - Fmt Approved 12/2014
1. Article 1 - 10 of this Contract.
2. Exhibit A - Recipient’s Financial Assistance Application (on file with IEDA),
Application # 18-HQJP-018
3. Exhibit B-1 High-Quality Jobs Program – Tax Credit Component Special Conditions
4. Exhibit C - Description of the Project and Award Budget
5. Exhibit D - Job Obligations
6. Exhibit E - Reserved
7. Exhibit F - Reserved
10.15 Integration. This Contract contains the entire understanding between the Parties relating to the
Project and any representations that may have been made before or after signing this Contract, which are
not contained herein, are nonbinding, void and of no effect. None of the Parties has relied on any such prior
representation in entering into this Contract.
-This space intentionally left blank, signature page follows -
Page 238 of 297
Contract # 18-TC-018
- 25 - Fmt Approved 12/2014
IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other
good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby
acknowledged, the parties have entered into this Contract and have caused their duly authorized
representatives to execute this Contract, effective as of the latest date stated below (Contract Effective
Date).
FOR IEDA: FOR RECIPIENT:
BY:
Deborah V. Durham, Director
BY:
Signature
Typed Name and Title
Date Date
FOR THE COMMUNITY:
BY:
Signature
Typed Name and Title
Date
Page 239 of 297
Contract # 18-TC-018
- 26 - Fmt Approved 12/2014
LIST OF EXHIBITS
Exhibit A - Recipient’s Financial Assistance Application (on file with IEDA), Application # 18-
HQJP-018
Exhibit B-1 High Quality Jobs Program – Tax Credit Component Special Conditions
Exhibit C - Description of the Project and Award Budget
Exhibit D - Job Obligations
Exhibit E - Reserved
Exhibit F - Reserved
Page 240 of 297
Contract # 18-TC-018 Exhibit B-1, Page 1 Fmt Approved 12/2014
EXHIBIT B – 1
High Quality Jobs Program – Tax Credit Component
Special Conditions to Contract # 18-TC-018
The following additional terms shall apply to the Contract:
SECTION 1: ADDITIONAL DEFINITIONS.
The following additional terms are defined in this Contract as follows:
“Capital Investment” means the investment spent on depreciable assets. The minimum Capital
Investment required for this Project is as stated in Section 2 of this Exhibit. The allowable categories of
expenditures for purposes of calculating Capital Investment are described in IEDA’s administrative rule
261 IAC 174.10.
"Investment Qualifying for the Tax Credit" means new investment directly related to jobs created or
retained by the start-up, location, expansion or modernization for this Project.
"Qualifying Investment" means the statutorily-required minimum investment amount that must be made
and maintained by the Recipient to receive High Quality Jobs Program Tax Incentives for this Project. This
amount is as stated in Section 2 of this Exhibit. Not all expenditures count toward meeting the required
Qualifying Investment. The categories of expenditures that can be included for purposes of meeting and
maintaining statutorily-required investment requirements are described in 261 IAC 174.10.
“Economically Distressed Area” means a county that ranks among the bottom 33 of all Iowa counties,
as measured by either the average monthly unemployment level for the most recent 12-month period or the
average annualized unemployment level for the most recent five-year period.
SECTION 2: TERMS AND CONDITIONS OF THE AWARD
2.1 Award. The Recipient is awarded the following Tax Incentives through the High Quality Jobs
Program, based on the minimum investment requirements described herein: $2,396,535.
2.2 Minimum Investment Requirements. As a condition of receiving Tax Incentives, the Recipient
shall meet the following minimum investment requirements:
(a) Capital Investment. $ 28,242,500
(b) Qualifying Investment. $ 28,242,500
(c) Investment Qualifying for Tax Credits. $ 28,242,500
2.3 Additional Tax Incentives. The Recipient is eligible for additional incentives pursuant to Iowa
Code section 15.326, et. seq. The following Tax Incentives, in the maximum amounts shown for each
authorized incentive, are so available to the Recipien
Page 241 of 297
Contract # 18-TC-018 Exhibit B-1, Page 2 Fmt Approved 12/2014
Authorized Incentives Included in Award Maximum Amt.
Refund of Sales, Service, and Use Taxes. Yes
No
$ 396,535
Refund of Sales Taxes Attributable to Racks, Shelving,
and Conveyor Equipment. Yes
No
$ 0
Corporate Tax Credit For Certain Sales Taxes Paid By
Third Party Developer. Yes
No
$ 0
Investment Tax Credit (7%, negotiated)
Yes
No
$ 2,000,000
Research Activities Credit. Yes
No
$ 0
Local Property Tax Exemption Provided by Community Yes
No
$ 0
2.4 Conditions for Authorized Incentives. The Recipient is responsible to seek these additional
incentives through processes described in the applicable statutes and corresponding administrative rules,
ordinances and procedures. The following conditions shall apply to the incentives described in section 2.3
of this Exhibit.
(a) Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Recipient is
eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as authorized in
Iowa Code section 15.331A (2011 Supplement).
1. The Recipient may apply for a refund of the sales and use taxes paid under Iowa Code
chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or
merchandise, or on services rendered, furnished, or performed to or for a contractor or
subcontractor and used in the fulfillment of a written contract relating to the construction or
equipping of a facility of the Recipient.
2. Taxes attributable to intangible property and furniture and furnishings shall not be refunded.
3. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors,
the Recipient must:
i. Inform the Iowa Department of Revenue (IDR) in writing within two weeks of
project completion. For purposes of claiming this refund, "project completion"
means the first date upon which the average annualized production of finished
product for the preceding ninety-day period at the manufacturing facility
operated by the Recipient is at least fifty percent of the initial design capacity of
the facility.
ii. Make an application to IDR within one year after Project Completion, as defined
in sub-paragraph i above.
(b) Reserved.
Page 242 of 297
Contract # 18-TC-018 Exhibit B-1, Page 3 Fmt Approved 12/2014
(c) Reserved.
(d) Investment Tax Credit.
1. The Recipient may claim an investment tax credit as provided in Iowa Code section 15.333.
Such credit may be claimed for a portion of the Qualifying Expenditures, as defined below in
subparagraph (3), directly related to Job Obligations, as described in Exhibit D, of the start-up
or location, expansion, or modernization of the business under this program. The credit shall
be earned when the qualifying asset is placed in service. The Recipient shall not claim more
than the amount authorized for this incentive as stated above and in Article 3 of the Contract.
Any credit in excess of the tax liability for the tax year may be credited to the tax liability for
the following seven years or until depleted, whichever occurs first.
2. The tax credit shall be amortized equally over a five-year period as specified below:
October 1, 2016 – September 20, 2017 $ 400,000
October 1, 2017 – September 20, 2018 $ 400,000
October 1, 2018 – September 20, 2019 $ 400,000
October 1, 2019 – September 20, 2020 $ 400,000
October 1, 2020 – September 20, 2021 $ 400,000
3. Only Qualifying Expenditures are eligible for the investment tax credit. For purposes of this
benefit, “Qualifying Expenditures” means:
i. The purchase price of real property and any buildings and structures located on
the real property.
ii. The cost of improvements made to real property which is used in operation of the
business.
iii. The costs of machinery and equipment, as defined in Iowa Code section
427A.1(1) “e” and “j” purchased for use in the operation of the business and for
which the purchase price may have been depreciated in accordance with GAAP.
4. If the Project includes leasing of new construction or major renovation of an existing building,
the annual base rent paid to a third-party developer by Recipient must be for a period equal to
the term of the lease agreement but cannot exceed the maximum term of the agreement,
provided the cumulative cost of the base rent payments for that period does not exceed the cost
of the land or the third-party developer’s costs to build or renovate the building for the
Recipient. Limitations to annual base rent shall only be considered when the Project includes
the construction of a new building or the major renovation of an existing building. The
Recipient shall enter into a lease agreement with the third-party developer for a minimum of
five years.
(e) Reserved.
(f) Reserved.
Page 243 of 297
Contract # 18-TC-018 Exhibit B-1, Page 4 Fmt Approved 12/2014
SECTION 3: ADDITIONAL COVENANTS
In addition to the Covenants described in Article 7 of the Contract, the Recipient shall be bound to the
additional covenants:
3.1 Job Obligations. By the Project Completion Date, the Recipient shall create and/or retain the
number of FTE Created Jobs and Retained Jobs as detailed in Exhibit D – Job Obligations, and maintain the
jobs through the Maintenance Period.
3.2 Wage Obligations. The Qualifying Wage Threshold rates specific to this Contract that must be
met are stated in Exhibit D, Job Obligations. By the Project Completion Date and through the Maintenance
Completion Period Date, the Recipient shall:
(a) For Projects in Economically Distressed Areas or at a designated Grayfield Site, the Qualifying
Wage Threshold requirement applicable to all phases of the Project is 100% of the Qualifying Wage
Threshold.
(b) For Projects at a designated Brownfield Site, the Qualifying Wage Threshold requirement
applicable to all phases of the Project is 90% of the Qualifying Wage Threshold.
(c) For all other Projects:
1. For the Created Jobs, pay 100% of the Qualifying Wage Threshold at the start of the Project
Completion Period, at least 120% of the Qualifying Wage Threshold by the Project Completion Date,
and at least 120% of the Qualifying Wage Threshold until the Maintenance Period Completion Date.
2. For the Retained Jobs, pay at least 120% of the Qualifying Wage Threshold throughout both
the Project Completion Period and the Maintenance Period.
3.3 Provide Sufficient Benefits. The Recipient shall provide Sufficient Benefits to all employees
included as part of the job and wage obligations.
SECTION 4: ADDITIONAL DEFAULT PROVISIONS
In addition to the default provisions included in Article 9 of the Contract, the following default provisions
shall apply:
4.1 Repayment of Tax Incentives Received - High Quality Jobs Program. IDR is the state agency
responsible for collecting the value of any Tax Incentives received in violation of the terms of this Contract.
The Community is the party responsible for collecting the value of the local tax incentives received in
violation of this Contract. IEDA will determine if the Recipient has met the terms of this Contract. If there
is an unremedied Event of Default, IEDA will provide written notice to IDR and the Community.
Calculation of the amount owed may be based on a sliding scale in certain circumstances and may include
interest assessed by IDR. Those circumstances are as follows:
(a) Failure to Meet Job Obligations by Project Completion Date. If the Recipient does not meet its
Job Obligations as detailed in Exhibit D, Job Obligations by the Project Completion Date, the repayment
amount shall be the same proportion as the amount of the shortfall in created jobs. For example, if the
business creates 50 percent of the jobs required, the business shall repay 50 percent of the incentives
received.
Page 244 of 297
Contract # 18-TC-018 Exhibit B-1, Page 5 Fmt Approved 12/2014
Upon repayment of the amount due, IEDA will reduce the Recipient’s Job Obligations. The reduced
Job Obligations must be maintained through the Maintenance Period Completion Date.
(b) Job shortfall at Maintenance Period Completion Date. If the Recipient does not maintain its
adjusted Job Obligations through the Maintenance Period Completion Date, Recipient shall repay an
additional percentage of the Tax Incentives it has received. The amount to be repaid will be calculated as
described in subsection (a) above.
(c) Qualifying Investment. If the Business does not meet its Qualifying Investment requirement as
defined in Section 2 of this Exhibit, the repayment amount shall be the same proportion as the amount of
the shortfall in required Qualifying Investment. For example, if the business meets 75 percent of the amount
of required capital investment, the business shall repay 25 percent of the amount of the incentives received.
(d) Less than Total Project Cost at Project Completion Date. If the Recipient does not complete the
Project with a Total Project Cost as stated in Exhibit C, Project Description and Award Budget, by the
Project Completion Date Recipient shall repay a portion of the Tax Incentives received.
For example, if the Recipient’s required Total Project Cost is 10% less than pledged, 10% of the
value of the Tax Incentives received, plus any interest assessed by IDR, must be repaid.
(e) Repayment Amount If Shortfall in Job Obligations, Qualifying Investment and/or Less Than Total
Project Cost. If the Recipient experiences a shortfall in two or more of its requirements related to Job
Obligations, Qualifying Investment, or the Total Project Cost, IEDA will calculate the percentage owed for
the Recipient’s failure to meet each of the requirements. The higher of these amounts shall be the amount
Recipient shall repay to IDR.
(f) Selling, Disposing, or Razing of Property. If, within five years of purchase, the Recipient sells,
disposes of, razes, or otherwise renders unusable all or a part of the land, building, or other existing
structures for which an investment tax credit was claimed, the income tax liability of the Recipient for the
year in which all or part of the property is sold, disposed of, razed, or otherwise rendered unusable shall be
increased by one of the following amounts, plus any interest assessed by IDR:
1. 100% of the tax credit claimed if the property ceases to be approved for the tax credit within
one full year after being placed in service.
2. 80% of the tax credit claimed if the property ceases to be approved for the tax credit within two
full years after being placed in service.
3. 60% of the tax credit claimed if the property ceases to be approved for the tax credit within
three full years after being placed in service.
4. 40% of the tax credit claimed if the property ceases to be approved for the tax credit within
four full years after being placed in service.
5. 20% of the tax credit claimed if the property ceases to be approved for the tax credit within five
full years after being placed in service.
- End of Exhibit B – 1 -
Page 245 of 297
PROJECT DESCRIPTION
Tyson Fresh Meats, Inc. will construct a 56,400 s.f. new warehouse addition and renovate 18,250 square foot existing building.
Implementing the warehouse expansion will improve accuracy, inventory management, product flow, overall efficiency and
customer service.
AWARD BUDGET
SOURCE OF FUNDS AMOUNT FORM USE OF FUNDS COST
IEDA Programs *Land Acquisition
HQJP Tax Credit 1 See Below *Site Preparation $909,788
*Building Acquisition
Tyson $28,242,500 Cash/Equity *Building Construction $12,308,034
*Building Remodeling
Lease Payments
*Mfg Machinery and Equipment $15,024,678
Other Machinery and Equipment
Racking, Shelving, etc.
*Computer Hardware
Computer Software
*Furniture and Fixtures
Working Capital
Research and Development
Job Training
*included as capital investment if
awarded tax credit program
Total $28,242,500 Total $28,242,500
1$2,396,535 estimated benefit value
OTHER FUNDING
SOURCE OF FUNDS TOTAL AMOUNT FORM/TERM USED AS MATCH
TIF Rebate
Tax Exemption TBD 427B YES
260E Job Training
In-Kind Contributions
RISE
RED
Other
DESCRIPTION OF THE PROJECT AND AWARD BUDGET
(EXHIBIT C)
Name of Recipient: Tyson Fresh Meats, Inc.
Name of Community: City of Waterloo
Contract Number: 18-TC-018
Page 246 of 297
EXHIBIT D – JOB OBLIGATIONS
Recipient: Tyson Fresh Meats, Inc.
Community: City of Waterloo
Contract Number: 18-TC-018
This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program (HQJP)
– Tax Credit Component. The chart below outline the contractual job obligations related to this Project.
Data in the “Employment Base” column has been verified by IEDA and reflects the employment characteristics of the facility
receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these
calculations.
Data in the “Jobs To Be Created” column outlines the new full-time jobs (including their wage characteristics) that must be
added to the employment base and, if applicable, statewide employment base as a result of this award.
At the Project Completion Date and through the Maintenance Period Completion Date, the Recipient must achieve, at a
minimum, the numbers found in the “Total Job Obligations” column.
HQJP JOB OBLIGATIONS Employment Jobs Total Project Completion Date: September 30, 2020 Base To Be Created Job
Maintenance Period Completion Date: September 30, 2022 Obligations
Total employment at project location 2,892 245 3,137
Average wage of total employment at project location $17.52
Qualifying Laborshed Wage threshold requirement (per hr)
$17.29 (100%)
Number of jobs at or above qualifying wage 642 245 887
Average Wage of jobs at or above qualifying wage
$23.31
Notes re: Job Obligations
1. When determining the number of jobs at or above the qualifying wage, wages will include only the
regular hourly rate that serves as the base level of compensation. The wage will not include
nonregular forms of compensation such as bonuses, unusual overtime pay, commissions, stock
options, pension, retirement or death benefits, unemployment benefits or other insurance, or other
fringe benefits.
2. Employment Base includes 0 “Retained Jobs”.
If the Recipient uses or proposes to use a non-standard work week (8 hours a day, 5 days a week, 52
weeks a year including holidays, vacation and other paid leave), check the box below and describe
that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2.
If the box is not checked or if no alternative schedule is provided, IEDA will consider “Full-time
Equivalent (FTE) Job” to mean the employment of one person for 8 hours per day for a 5-day, 40-
hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave.
The Recipient shall use an alternative work week for purposes of its employees described in the
Contract. The alternative work week is as follows: [description].
Sufficient Benefits Deductible Requirements
Recipient shall provide Sufficient Benefits with a maximum deductible of $1,250 for single coverage or
$2,500 for family coverage.
Page 247 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n approving F Y 2018-2023 Airport C ap ital Improvement P lan for the Waterlo o R egio nal Airport.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Airport K aspari, K eith Approved 11/1/2017 - 10:54 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 3:35 P M
ATTA C H M EN TS :
Description Type
AL O - F Y-2018 - 2023 Airport C apital I mprovement
P lan C over Memo
S UB J E C T:R es o lution approving F Y 2018-2023 Airp o rt C ap ital Improvement P lan fo r
the Waterlo o R egio nal Airport.
S ub mitted by:S ubmitted By: Keith Kaspari, Airp o rt Direc tor
R ec o mmended Ac tio n:Ap p ro ve the AC IP as rec o mmended b y Airp o rt S taff.
S ummary S tatement:
T his plan c ontinues p revious projec ts and 5-year AC I P p lans fo r the airport,
fo r the continued develo p ment of the airs id e infras tructure fo r the Waterloo
R egional Airport.
Exp enditure R equired :
P ending the total funds available, the lo cal matc h c o s ts fo r these p ro jects is
histo rically 10%.
T he AC I P as attac hed, provid es an Engineer's Es timate of p ro ject c o s ts ,
inc luding des ign and cons tructio n ad minis tratio n and inspec tion services .
S ource o f F und s :
T he source of fund s for the projec ts will be via the F ederal Aviation
Ad ministratio n's (FAA) Airp o rt Improvement P ro gram (AI P ) at 90%.
His toric ally for airp o rts o f our "Hub " c las s ific ation (Waterloo is a P rimary
No n-Hub C o mmercial S ervic e Airp o rt), we rec eive on an annual basis
$1,000,000 - whereby the C ity of Waterloo p ro vides matc hing fund s of
$100,000 to ap p ly then $1.1M fo r the Des ign and C o nstruc tion for p hys ic al
imp ro vements to the airp o rt's b as e infras truc ture.
T he remaining 10% balance o f the costs will b e borne by the C ity of
Waterlo o and the Waterloo R egional Airport. F or the Airp o rt Dep artment,
this will then b e - his to rically, via the Airp o rt's P as s enger F ac ility C harge
(P F C ).
Page 248 of 297
P olic y Issue:
T his 5/6 Year Airport C apital Imp ro vement P rogram c o mp lies with the C ity
o f Waterlo o 's S trategic P lan, as fo llo ws:
G oal No : 2, and S trategy No : 2.2.
G oal No : 3, and S trategy No : 3.3, 3.4, and 3.5.
G oal No : 4, and S trategy No : 4.5.
Alternative:
F o r projec t alternatives, S taff, ALO 's C o ns ulting Engineer, and the Airport
Board reviewed o ther O p tions or Alternatives , yet this final as rec o mmend ed
p lan is the bes t plan moving forward for Waterloo R egional Airp o rt fo r the
next 5/6 year term.
Background I nformatio n:
His toric ally, the Airport Direc tor has not req ues ted sup p o rt o f the C ity
C o uncil, nor b y the Airp o rt Board, for 5-Year C apital P lans for the
d evelopment of the Airp o rt.
As the Airp o rt Directo r, I've b een ab le to take a in-depth lo o k at the pro jec ts
o ver the las t 3-years , and working with our c ons ulting engineer, been able to
p rio ritize pas t projec ts - yet future p ro jects fo r the 2018 - 2023 term.
T herefo re, I believe it is now prud ent and the timing is correc t, to allow the
C ity C ounc il and memb ers of the G eneral P ub lic to s ee the future 5/6 year
p lan fo r the ongoing airs id e develo p ment o f the Waterlo o R egio nal Airp o rt.
Legal Desc riptio ns :No t Applic able fo r this req uest by S taff.
Page 249 of 297
P
a
g
e
2
5
0
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n award ing the recycling p ro cessing fac ility to sup p o rt the C ity of Waterlo o 's C urb s id e R ec yc ling
P ro gram b id to C ed ar Valley R ec yc ling & Trans fer o f Waterloo, Io wa in the amo unt o f $32,000, fo r a period
o f one (1) year and ap p ro ving contrac t, bond and certificate of insuranc e and authorize the Mayor and C ity
C lerk to exec ute s aid doc uments.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
T raffic O perations E ven, L eAnn Approved 11/1/2017 - 3:43 P M
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 3:43 P M
S UB J E C T:
R es o lution award ing the recycling p ro ces s ing fac ility to sup p o rt the C ity of
Waterlo o 's C urbs ide R ecycling P ro gram bid to C ed ar Valley R ec yc ling &
Transfer of Waterlo o , Iowa in the amo unt of $32,000, for a period o f one (1)
year and approving c o ntract, b o nd and certific ate o f ins urance and autho rize
the Mayor and C ity C lerk to exec ute said doc uments.
S ub mitted by:S ubmitted By: S andie G rec o , Interim P ub lic Works Direc tor
R ec o mmended Ac tio n:Ap p ro ve R es olution
S ummary S tatement:
T his servic e is fo r provid ing equip ment, s ite s ervice and collec tion/delivery
o f materials fro m c urbside containers and the proc es s ing and ultimate
marketing and d is p o s al of materials thereby generated .
Exp enditure R equired :$32,000.00
S ource o f F und s :S anitation F und ing - 525-15-5400-1300
P olic y Issue:
S trategy 3.4 and 3.5 - identify and implement proven cost and resource
s aving meas ures and c o ntinue to engage with lo cal p ublic partners to identify
cost savings , s treamline effo rts and imp rove effic ienc y in C ity operations
and activities .
Background I nformatio n:T he C ity of Waterlo o has provid ed c urbs id e rec yc ling for a number o f
years. T he vend o r divid es and separates all rec yc lab les .
Page 251 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n approving F inal Q uantity S ummary fo r a net increase o f $8,007.85 fo r the F Y 2017 S ergeant R o ad
Trail Brid ge No. 1 R eplac ement, C o ntract No . 917, and autho rize the Mayor and C ity C lerk to execute s aid
d o cument.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/1/2017 - 11:39 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 2:37 P M
ATTA C H M EN TS :
Description Type
C ont 917_F inal Q ty S umm C over Memo
S UB J E C T:
R es o lution approving F inal Q uantity S ummary fo r a net increase o f
$8,007.85 for the F Y 2017 S ergeant R oad Trail Brid ge No . 1 R ep lacement,
C o ntract No . 917, and autho rize the Mayor and C ity C lerk to execute s aid
d o cument.
S ub mitted by:S ubmitted By: Wayne C as tle, P LS , P E, As s oc iate Engineer
S ummary S tatement:
T his is the ac c umulated amo unt o f adjus tments from o riginal to final
q uantities that were d etermined necessary d uring the c o nstruc tion of the
p ro ject, whic h res ults in an increase to the total projec t cost.
S ource o f F und s :G O Bo nds
Page 252 of 297
P
a
g
e
2
5
3
o
f
2
9
7
P
a
g
e
2
5
4
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n approving C ompletio n o f P rojec t and R ec o mmendatio n o f Acc eptanc e of Work for work
p erfo rmed by Lo d ge C o nstruc tion, Inc. of C larks ville, Io wa, at a total c os t of $74,163.13 for the F Y 2017
S ergeant R oad Trail Brid ge No . 1 R ep lacement, C o ntract No. 917, and rec eive and file two (2) year
maintenance bond .
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/1/2017 - 11:46 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 4:08 P M
ATTA C H M EN TS :
Description Type
C ont 917_M aintenance B ond C over Memo
S UB J E C T:
R es o lution approving C ompletio n o f P ro jec t and R ec o mmendatio n o f
Acc ep tanc e of Work for work performed by Lodge C ons tructio n, Inc . of
C larksville, Io wa, at a total c o s t o f $74,163.13 for the F Y 2017 S ergeant
R o ad Trail Brid ge No . 1 R ep lacement, C o ntract No. 917, and receive and
file two (2) year maintenanc e bond .
S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer
S ummary S tatement:
Lo d ge C ons truc tio n, Inc . has completed the above referenced p ro ject in
acc o rd anc e with the plans and spec ifications .
Transmitted als o to the C lerk’s O ffice is the Maintenance Bond that
guarantees to remed y any defec ts in workmans hip o r materials that may
d evelop in s aid work within a period o f two (2) years from the date of the
acc ep tance of the wo rk und er said contrac t.
S ource o f F und s :G O Bo nds
Page 255 of 297
P
a
g
e
2
5
6
o
f
2
9
7
P
a
g
e
2
5
7
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n approving a P ro fes s io nal S ervic es Agreement with G reat P lains S urvey, Inc . fo r land surveying
s ervic es within the No rtheas t Ind ustrial area, in an amo unt not to exceed $34,101, and authorize the Mayo r to
exec ute said doc ument.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning F elchle, K elley Approved 11/1/2017 - 4:55 P M
C lerk O ffice F elchle, K elley Approved 11/1/2017 - 4:56 P M
ATTA C H M EN TS :
Description Type
N E Industrial P ark S ubdivision B ackup M aterial
Agreement B ackup M aterial
S UB J E C T:
R es o lution approving a P ro fes s io nal S ervic es Agreement with G reat P lains
S urvey, Inc . fo r land surveying services within the Northeast Indus trial area,
in an amount no t to exc eed $34,101, and autho rize the Mayo r to execute s aid
d o cument.
S ub mitted by:S ubmitted By: No el Anderson-C o mmunity P lanning and Develo p ment
Directo r
R ec o mmended Ac tio n:To ap p rove and autho rize the contrac t.
S ummary S tatement:
T he C ity of Waterlo o c urrently owns 40+ ac res of land near the Northeas t
Ind ustrial P ark that is availab le for d evelo p ment. T he C ity o f Waterloo has
s een recent interes t in approximately 35 ac res . T he C ity would be working
with G reat P lains to p lat and finalize s urvey wo rk that has alread y b een
s tarted for the area.
Exp enditure R equired :Up to $32,101.
S ource o f F und s :T I F
P olic y Issue:Econo mic Develo p ment polic y numb er 1, 3 &4 within the S trategic P lan.
Alternative:N/A
Page 258 of 297
P
a
g
e
2
5
9
o
f
2
9
7
P
a
g
e
2
6
0
o
f
2
9
7
P
a
g
e
2
6
1
o
f
2
9
7
P
a
g
e
2
6
2
o
f
2
9
7
P
a
g
e
2
6
3
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n approving the Agreement for S ub d ivis ion P latting with R o ger T. Kals em, Jeffrey L.
S wartzendruber and P atric ia S wartzend ruber, and autho rize the Mayo r and C ity C lerk to execute s aid
d o cuments .
City Council Meeting: 11/6/2017
Prepared: 10/31/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning S chroeder, Aric Approved 11/1/2017 - 11:20 AM
C lerk O ffice E ven, L eAnn Approved 11/1/2017 - 4:30 P M
ATTA C H M EN TS :
Description Type
S ubdiviosn P lat Agreement B ackup M aterial
P lat of S urvey of P arcel E B ackup M aterial
S UB J E C T:
R es o lution approving the Agreement for S ub d ivis ion P latting with R o ger T.
Kals em, Jeffrey L. S wartzend ruber and P atric ia S wartzendrub er, and
authorize the Mayo r and C ity C lerk to exec ute s aid doc uments.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ad o p t res olutions approving the agreement, ap p ro ving the varianc e to the
s ubdivis ion ordinanc e, and ap p ro ving a p lat o f s urvey.
S ummary S tatement:
T he C ity of Waterlo o S ub d ivision O rd inanc e requires the p latting of land for
d evelopment when s plit more than o nc e fro m an original p arcel in existenc e
p rio r to ad o p tion of the S ub d ivision O rdinanc e in 1978. Kals em is
p ro p o s ing to s ubdivid e land adjac ent to Timo thy R id ge 2nd Ad d ition. T he
S wartzend rubers o wn the p ro p erty at 3308 Bay Berry Drive in Timothy
R id ge 2nd Additio n and are proposing to purc has e a p ro p o s ed lot in the
p ro p o s ed Kals em s ub d ivision that wo uld adjoin their p ro p erty and wo uld be
alo ng an extens ion of Bay Berry Drive. T he S wartzendrub er's are
p ro p o s ing to p urc hase the lot prior to it being p latted and sub d ivided as p art
o f Kalsem's propos ed s ubdivis io n, and have prepared a P lat of S urvey of
the property. T he P lat of S urvey d o es not meet all req uirements o f the
S ubdivis ion O rd inance, but the S wartzendrub er's and Kalsem have agreed
to the attac hed agreement for S ubdivis ion P latting that will ensure that the
p ro p erty in q ues tio n is still includ ed in the propos ed Kals em sub d ivision,
ensuring that the extens io n o f Bay Berry Drive and s id ewalk along Bay Berry
d rive in front o f the lo t to b e split will be adequately addressed, as well as
any utility or d rainage easements needed on the lo t when it is plated as part
o f the Kals em s ubdivis io n. In the end, this agreement will ac commodate the
timeline to allo w the property to b e c o nveyed to the S wartzendrub er's ahead
Page 264 of 297
o f the Kals am s ubdivis io n, but s till ensure that the property will b e included
in the subdivis io n with all requirements of the S ubdivis io n O rdinanc e being
met when it is inc luded in the future plat.
Exp enditure R equired :No ne
S ource o f F und s :NA
P olic y Issue:Land Us e and P latting
Alternative:NA
Legal Desc riptio ns :S ee attac hed P lat of S urvey
Page 265 of 297
AGREEMENT FOR SUBDIVISION PLATTING
This Agreement for Subdivision Platting (the “Agreement”) is entered into as of
_________________, 2017, by and among the City of Waterloo, Iowa (“City”), Roger T. Kalsem
(“Kalsem”) and Jeffrey L. Swartzendruber and Patricia Swartzendruber, husband and wife
(collectively, “Swartzendruber”).
RECITALS
A. Kalsem is the owner of real property in the Northwest Quarter of Section 12,
Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa,
and Swartzendruber owns land adjacent thereto legally described as Lots 14, 15
and 16 of Timothy Ridge Second Addition, City of Waterloo, Black Hawk County
Iowa (the “Swartzendruber Land”).
B. Kalsem is planning a residential subdivision development on his property, which
is currently known as Kalsem’s Second Addition Preliminary Plat as approved by
the City of Waterloo City Council on April 10, 2017, and shall be referred to
herein as the “Subdivision”, and Swartzendruber desires to purchase that portion
thereof that is legally described as set for in Exhibit “A” attached hereto (“Lot
27”) prior to said area being part of a final plat of the Subdivision that is approved
by the City of Waterloo and recorded.
C. City is willing to approve a Plat of Survey as shown in Exhibit “A” for filing and
to grant a variance to the subdivision platting requirements on the terms set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Survey. Kalsem has submitted the Plat of Survey to City. City staff have
indicated that the Plat of Survey conforms to City requirements for plats of survey that are not
subdivision plats, City planning staff will promptly affix the customary stamp and signature to
indicate that the Plat of Survey has been reviewed by City, and thereafter City will not impede
the further processing of the Plat of Survey or its filing in any county offices.
2. Future Platting. At any future date that Kalsem proposes to final plat land
adjoining Lot 27 for the Subdivision, Kalsem and Swartzendruber agree and consent to include
Lot 27 in said final plat of the Subdivision. It is understood and agreed that Lot 27 may be
renumbered as a different lot number for consistency with the Subdivision. It is agreed that Lot
27 will be part of the Subdivision, and subject to the deed of dedication and restrictive covenants
of the Subdivision (including requirements for sidewalk installation adjacent to Lot 27), and Lot
27 will be encumbered with easements and platted building lines consistent with other lots in the
Page 266 of 297
2
Subdivision, which is anticipated to include an 8’ drainage and utility easement along the rear
(southwesterly) lot line, a 10’ utility easement along the front (northeasterly) lot line, and a 20’
platted building line along the front (northeasterly) lot line.
3. Use Restrictions Until Platted. The parties agree that until such time as Lot 27 is
included in a final plat of a Subdivision that is approved by the City of Waterloo and recorded,
no buildings or structures shall be erected on Lot 27 and the use of Lot 27 shall be restricted to
yard/open space associated with the use of Swartzendruber Land, and Lot 27 shall not be further
subdivided or sold in part or in whole, except that Lot 27 and the Swartzendruber Land may be
sold as a unified parcel.
3.1. Ordinance Variance. City agrees that, at the earliest possible date, its city council
will grant a variance to the subdivision ordinance so that Kalsem and Swartzendruber are
relieved of the necessity to satisfy subdivision platting requirements at the present time.
4. Entire Agreement; Modification. This Agreement constitutes the entire agreement
among the parties pertaining to the subject matter hereof. All exhibits hereto, if any, are hereby
incorporated into and made a part of this Agreement. This Agreement may not be modified or
amended except pursuant to a written instrument executed by all parties.
5. Binding Effect; Successors. The provisions of this Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and assigns.
This Agreement is intended to run with the land.
6. Counterparts. This Agreement may be executed in any number of counterparts,
each of which, including signed counterparts transmitted by facsimile or other electronic means,
shall be deemed an original and all of which together shall constitute one and the same
instrument.
7. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person or by United States registered or certified mail, postage prepaid and
addressed:
KALSEM SWARTZENDRUBER CITY OF WATERLOO
Roger Kalsem Jeff and Pat Swartzendruber City of Waterloo
191 Belle Street 3308 Bay Berry Drive Planning Department
Waterloo, Iowa 50702 Waterloo, Iowa 50702 Attn: Noel Anderson
715 Mulberry Street
Waterloo, Iowa 50703
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person,
or (ii) three (3) business days following the date of deposit if mailed by United States registered
or certified mail, postage prepaid.
Page 267 of 297
3
IN WITNESS WHEREOF, the parties have executed this Agreement for Subdivision
Platting by their duly authorized representatives as of the date first written above.
KALSEM CITY OF WATERLOO, IOWA
By: _______________________________ By: _______________________________
Roger T. Kalsem Quentin Hart, Mayor
SWARTZENDRUBER Attest: _____________________________
Kelley Felchle, City Clerk
By: _______________________________
Jeffrey L. Swartzendruber
By: _______________________________
Patricia Swartzendruber
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me by Roger T. Kalsem on __________________, 2017.
___________________________________
Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Subscribed and sworn to me by Jeffrey L. Swartzendruber and Patricia Swartzendruber,
husband and wife, on __________________, 2017.
___________________________________
Notary Public
Page 268 of 297
4
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
On this _________ day of __________ 2017, before me, a Notary Public in and for the State of
Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a
municipal corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument
was signed and sealed on behalf of said municipal corporation by authority and resolution of its City
Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of
said municipal corporation by it and by them voluntarily executed.
________________________________
Notary Public
Page 269 of 297
P
a
g
e
2
7
0
o
f
2
9
7
P
a
g
e
2
7
1
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
R es o lutio n approving a variance to the requirements o f the S ubdivis io n O rd inanc e in S ectio n 11-3-2
P reliminary P lats and S ectio n 11-3-3 F inal P lats , relating to ap p ro val o f a P lat of S urvey o f P arc el E lo cated
ad jacent to the p ro p o s ed extens io n o f Bay Berry Drive.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
C ommunity D evelopment E ven, L eAnn Approved 11/1/2017 - 4:26 P M
ATTA C H M EN TS :
Description Type
P lat of S urvey B ackup M aterial
S UB J E C T:
R es o lution approving a variance to the req uirements o f the S ubdivis io n
O rdinanc e in S ectio n 11-3-2 P reliminary P lats and S ectio n 11-3-3 F inal
P lats, relating to ap p ro val o f a P lat o f S urvey o f P arc el E lo cated adjac ent to
the propos ed extens io n o f Bay Berry Drive.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ad o p t res olutions approving the agreement, ap p ro ving the varianc e to the
s ubdivis ion ordinanc e, and ap p ro ving a p lat o f s urvey.
S ummary S tatement:
T he C ity of Waterlo o S ub d ivision O rd inanc e requires the p latting of land for
d evelopment when s plit more than o nc e fro m an original p arcel in existenc e
p rio r to ad o p tion of the S ub d ivision O rdinanc e in 1978. Kals em is
p ro p o s ing to s ubdivid e land adjac ent to Timo thy R id ge 2nd Ad d ition. T he
S wartzend rubers o wn the p ro p erty at 3308 Bay Berry Drive in Timothy
R id ge 2nd Additio n and are proposing to purc has e a p ro p o s ed lot in the
p ro p o s ed Kals em s ub d ivision that wo uld adjoin their p ro p erty and wo uld be
alo ng an extens ion of Bay Berry Drive. T he S wartzendrub er's are
p ro p o s ing to p urc hase the lot prior to it being p latted and sub d ivided as p art
o f Kalsem's propos ed s ubdivis io n, and have prepared a P lat of S urvey of
the property. T he P lat of S urvey d o es not meet all req uirements o f the
S ubdivis ion O rd inance, but the S wartzendrub er's and Kalsem have agreed
to the attac hed agreement for S ubdivis ion P latting that will ensure that the
p ro p erty in q ues tio n is still includ ed in the propos ed Kals em sub d ivision,
ensuring that the extens io n o f Bay Berry Drive and s id ewalk along Bay Berry
d rive in front o f the lo t to b e split will be adequately addressed, as well as
any utility or d rainage easements needed on the lo t when it is plated as part
o f the Kals em s ubdivis io n. In the end, this agreement will ac commodate the
timeline to allo w the property to b e c o nveyed to the S wartzendrub er's ahead
o f the Kals am s ubdivis io n, but s till ensure that the property will b e included
Page 272 of 297
in the subdivis io n with all requirements of the S ubdivis io n O rdinanc e being
met when it is inc luded in the future plat.
Exp enditure R equired :No ne
S ource o f F und s :NA
P olic y Issue:Land Us e and P latting
Alternative:NA
Legal Desc riptio ns :S ee attac hed P lat of S urvey
Page 273 of 297
asn
sJapJoaaJ /
4Uno3
Jo;
pa,
uasaj
0w0WJ
x
w0
c)
E
o ••=
c
C
vo <
Z
fl-'-
E
E
coo •
c) ')
o
co
4-
w
U
m
a7
Li_
COCD(
oZY
1) `
m
N
Q
a`)
W• -`)=
rUr»
Ct
T
E
ma)
nU
a)
cn
u
c)
Wo
C0
7 ?
T
a)
c
Z
d
0G7Cl?
co [
1
0UaO3a) a) a) cnatcThisPlatorSubdivi
TIMOTHYRIDGEADDITION"
1 `.
o_ 1- OJ
A3EE) No
O
JW0dO
Q
O
1=
0
a W0Z
O
Q
N
JCO
W
I-
1)> LLJ
v
Y
UNPLATTED"
o
W
Qco
WU) iw
v
z
w
ow
1
Q }
Qc3U
Q
d
wC5
Ce
F
0
o --
Lo $
631
i
ee
041;" ,
l':
r'
13'\
S '
a. 0LLn0
r
iEARINGSAREASSUMED
0Oct
0
r
BAYBERRYDR.
CC
Q
CO
CO
osi
LLIuJ :
EL
o z00w
Q
J
W
N
LLJ
NHz1-
z
m
z
0
0o
0wco1- OJ
i
7
02cEc
Q
1-:
x
J- LLI
w
Z
e(?) M
Z•
O -,--
i-
I--
0 .
n
51-: +
I ---
CL
F-
0
W
m3
NN
0
u")
ZL
uj
btlFSo
W
No
w
Q
N
11
O
L~
J
N
0
X __
jr.__
mrn
Lc._
C.
CC
Lo
D
2 -
o
2—
O
Owce0Fii
vRVE1jh
o
cw ,
00,.,,
2p
Om0
9 `°
n -
p
4
Z
C
aCOCO
U0
0 < 0
O
eL
J
In
w
r
n1Ln
11a
6.
j7
W
O
w
OkrLiaZCL
iCQ'
101wawa0
II
Q
v00
0
0
cc
di
z
O
J
co
0w(
coo
f
0
0
Lha
CD
0 m'_
aQ
9
co
0
Page 274 of 297
CURVETABLE
DELTAANGLE
4°01'50" (4°01'
LC) NLC) v
31°52' (31°52'00')
26°53Y2' (40")
CHORDBEARING
N530373/4 W (N 54°38'5
N57°06' W (N57°31'40
N73°33%' W(N 74°2020" W
N77°03%1E (N 76°16'E)
CHORDLENGTHARCLENGTH
0M
ccd
C) 75) Nti
0CO
U) D
LOMco
c0co
0M
OO
WU
U
NU
MU
UL
a
co
C
co
o ` _ (
7)
coco..
N
C
L
N
a)
U
N
L...
O :
L -..-
CO
N
W_
C'
c
W -
N
Z
LE
o
C
cU
W
O
L\()
0_
oziO
Co
t
t
Opp
O
0 (
o °
CO
C
O
CCr)
CO- \
E
m
E
a) -
a
a) .
c
0 —
U'
i
ifi
t
O -
t
O_ -
0
0 .
O
O
Z
Z
ca
O
cfl
O
o
a) '
o
co .-
iJ •
Q
O
U
O •
O"
W
C
CO
Z
Z
CO
Z
OJ
O •
CO .
gyLpJ0LLJ -
C
Bpp
CO
p
o
QCe
W
o
co
a
0
d
C
O
O°
U •
N
LL '
U =
O
A
coCa)
O.,-
c
c
L —
0)
67
O-;,
17; -
5 -
D
i
WZ
0p
c
W (
o
co +
rt - ().
O
y
IX
N
LE
Q (
N
co
O
o
n -
C
CO
O -
C
E
LL
Cn
Cr _
0 =
mCD (
J
L--' •-
CNV.
O
Z
a)
O
U
a) _
O
o
rn •
ti
c`.)
V)
L(
NI
Ili -
oto
O
Ola)
L
C
d
Z
o
3
c)
V
w
ci)
o
W
a)
Z
2 .
E
a)
O -
4 ;=
a)
a)
C4 -
c
OC
U"
U
U
O
F-
o
E)
5
o
ac)
o
2
aa))
aa)i
J
J =' -'
O
CO
C ..--.
O
N '
1 ..--
o
a
OA•
U
O
Ua)
T) - '
a -
P2 "=
C
C
O
O
a
HZ2
Q
0
OO)
O
IS
C — () 0
C)
Sri
cri
O
1-
c
o
a) ®
0)
U .
E
E
ico
co
o0
co
O
co00ca0E
Oo
Cco
O
0
C ( (
1)
co
co
a
v7o
a)
O
0
n
O
0
a
Z
co
o
N
C
O
0_
i
a)
J '
C
O
Oo
CO -
0 <
U
0
2
0
N• LE
Z'
0)
4-
E
O `
O
o >,.....
U
N
4)
C0
N
C
W -
O
CCCOCCO
o
12
O
O >
ti
s
OD
Oo
ao2)
0
cc)
a
te,
U),_ (
J) _
c
ca
O
2
O
a) -
C '-
C
F-
Z
a)
CO
U .
O
j
a>
U
a)
O
in
a
0
a
0
a
47
r
d
0at7z00< Cr
2.
W
J
0d _
J
UJ
0
Lc))
o)
L -
co
11
a(
fl — >- Ow
Lu
CZZZOA
OJ
J0CLItykL0_ N
O
Li'
a
ca
av0Z0ce0
c
W
W
0
J
V)
Q' (.
0
0- 0
o
0
z
Page 275 of 297
C ITY OF WATER LOO
Council Communication
R es o lutio n approving the req uest by Jeffrey L. S wartzendrub er and P atricia S wartzend ruber to ap p ro ve a P lat
o f S urvey of P arc el E lo cated adjac ent to the propos ed extension of Bay Berry Drive.
City Council Meeting: 11/6/2017
Prepared: 11/1/2017
R EV I EWER S :
D epartment R eviewer Action D ate
C ommunity D evelopment E ven, L eAnn Approved 11/1/2017 - 4:23 P M
ATTA C H M EN TS :
Description Type
P lat of S urvey B ackup M aterial
S UB J E C T:
R es o lution approving the req uest by Jeffrey L. S wartzendrub er and P atric ia
S wartzend ruber to ap p ro ve a P lat of S urvey of P arcel E loc ated ad jacent to
the propos ed extens io n o f Bay Berry Drive.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:
T he C ity of Waterlo o S ub d ivision O rd inanc e requires the p latting of land for
d evelopment when s plit more than o nc e fro m an original p arcel in existenc e
p rio r to ad o p tion of the S ub d ivision O rdinanc e in 1978. Kals em is
p ro p o s ing to s ubdivid e land adjac ent to Timo thy R id ge 2nd Ad d ition. T he
S wartzend rubers o wn the p ro p erty at 3308 Bay Berry Drive in Timothy
R id ge 2nd Additio n and are proposing to purc has e a p ro p o s ed lot in the
p ro p o s ed Kals em s ub d ivision that wo uld adjoin their p ro p erty and wo uld be
alo ng an extens ion of Bay Berry Drive. T he S wartzendrub er's are
p ro p o s ing to p urc hase the lot prior to it being p latted and sub d ivided as p art
o f Kalsem's propos ed s ubdivis io n, and have prepared a P lat of S urvey of
the property. T he P lat of S urvey d o es not meet all req uirements o f the
S ubdivis ion O rd inance, but the S wartzendrub er's and Kalsem have agreed
to the attac hed agreement for S ubdivis ion P latting that will ensure that the
p ro p erty in q ues tio n is still includ ed in the propos ed Kals em sub d ivision,
ensuring that the extens io n o f Bay Berry Drive and s id ewalk along Bay Berry
d rive in front o f the lo t to b e split will be adequately addressed, as well as
any utility or d rainage easements needed on the lo t when it is plated as part
o f the Kals em s ubdivis io n. In the end, this agreement will ac commodate the
timeline to allo w the property to b e c o nveyed to the S wartzendrub er's ahead
o f the Kals am s ubdivis io n, but s till ensure that the property will b e included
in the subdivis io n with all requirements of the S ubdivis io n O rdinanc e being
met when it is inc luded in the future plat.
Exp enditure R equired :No ne
Page 276 of 297
S ource o f F und s :NA
P olic y Issue:Land Us e and P latting
Alternative:NA
Legal Desc riptio ns :S ee attac hed P lat of S urvey
Page 277 of 297
asn
sJapJoaaJ /
4Uno3
Jo;
pa,
uasaj
0w0WJ
x
w0
c)
E
o ••=
c
C
vo <
Z
fl-'-
E
E
coo •
c) ')
o
co
4-
w
U
m
a7
Li_
COCD(
oZY
1) `
m
N
Q
a`)
W• -`)=
rUr»
Ct
T
E
ma)
nU
a)
cn
u
c)
Wo
C0
7 ?
T
a)
c
Z
d
0G7Cl?
co [
1
0UaO3a) a) a) cnatcThisPlatorSubdivi
TIMOTHYRIDGEADDITION"
1 `.
o_ 1- OJ
A3EE) No
O
JW0dO
Q
O
1=
0
a W0Z
O
Q
N
JCO
W
I-
1)> LLJ
v
Y
UNPLATTED"
o
W
Qco
WU) iw
v
z
w
ow
1
Q }
Qc3U
Q
d
wC5
Ce
F
0
o --
Lo $
631
i
ee
041;" ,
l':
r'
13'\
S '
a. 0LLn0
r
iEARINGSAREASSUMED
0Oct
0
r
BAYBERRYDR.
CC
Q
CO
CO
osi
LLIuJ :
EL
o z00w
Q
J
W
N
LLJ
NHz1-
z
m
z
0
0o
0wco1- OJ
i
7
02cEc
Q
1-:
x
J- LLI
w
Z
e(?) M
Z•
O -,--
i-
I--
0 .
n
51-: +
I ---
CL
F-
0
W
m3
NN
0
u")
ZL
uj
btlFSo
W
No
w
Q
N
11
O
L~
J
N
0
X __
jr.__
mrn
Lc._
C.
CC
Lo
D
2 -
o
2—
O
Owce0Fii
vRVE1jh
o
cw ,
00,.,,
2p
Om0
9 `°
n -
p
4
Z
C
aCOCO
U0
0 < 0
O
eL
J
In
w
r
n1Ln
11a
6.
j7
W
O
w
OkrLiaZCL
iCQ'
101wawa0
II
Q
v00
0
0
cc
di
z
O
J
co
0w(
coo
f
0
0
Lha
CD
0 m'_
aQ
9
co
0
Page 278 of 297
CURVETABLE
DELTAANGLE
4°01'50" (4°01'
LC) NLC) v
31°52' (31°52'00')
26°53Y2' (40")
CHORDBEARING
N530373/4 W (N 54°38'5
N57°06' W (N57°31'40
N73°33%' W(N 74°2020" W
N77°03%1E (N 76°16'E)
CHORDLENGTHARCLENGTH
0M
ccd
C) 75) Nti
0CO
U) D
LOMco
c0co
0M
OO
WU
U
NU
MU
UL
a
co
C
co
o ` _ (
7)
coco..
N
C
L
N
a)
U
N
L...
O :
L -..-
CO
N
W_
C'
c
W -
N
Z
LE
o
C
cU
W
O
L\()
0_
oziO
Co
t
t
Opp
O
0 (
o °
CO
C
O
CCr)
CO- \
E
m
E
a) -
a
a) .
c
0 —
U'
i
ifi
t
O -
t
O_ -
0
0 .
O
O
Z
Z
ca
O
cfl
O
o
a) '
o
co .-
iJ •
Q
O
U
O •
O"
W
C
CO
Z
Z
CO
Z
OJ
O •
CO .
gyLpJ0LLJ -
C
Bpp
CO
p
o
QCe
W
o
co
a
0
d
C
O
O°
U •
N
LL '
U =
O
A
coCa)
O.,-
c
c
L —
0)
67
O-;,
17; -
5 -
D
i
WZ
0p
c
W (
o
co +
rt - ().
O
y
IX
N
LE
Q (
N
co
O
o
n -
C
CO
O -
C
E
LL
Cn
Cr _
0 =
mCD (
J
L--' •-
CNV.
O
Z
a)
O
U
a) _
O
o
rn •
ti
c`.)
V)
L(
NI
Ili -
oto
O
Ola)
L
C
d
Z
o
3
c)
V
w
ci)
o
W
a)
Z
2 .
E
a)
O -
4 ;=
a)
a)
C4 -
c
OC
U"
U
U
O
F-
o
E)
5
o
ac)
o
2
aa))
aa)i
J
J =' -'
O
CO
C ..--.
O
N '
1 ..--
o
a
OA•
U
O
Ua)
T) - '
a -
P2 "=
C
C
O
O
a
HZ2
Q
0
OO)
O
IS
C — () 0
C)
Sri
cri
O
1-
c
o
a) ®
0)
U .
E
E
ico
co
o0
co
O
co00ca0E
Oo
Cco
O
0
C ( (
1)
co
co
a
v7o
a)
O
0
n
O
0
a
Z
co
o
N
C
O
0_
i
a)
J '
C
O
Oo
CO -
0 <
U
0
2
0
N• LE
Z'
0)
4-
E
O `
O
o >,.....
U
N
4)
C0
N
C
W -
O
CCCOCCO
o
12
O
O >
ti
s
OD
Oo
ao2)
0
cc)
a
te,
U),_ (
J) _
c
ca
O
2
O
a) -
C '-
C
F-
Z
a)
CO
U .
O
j
a>
U
a)
O
in
a
0
a
0
a
47
r
d
0at7z00< Cr
2.
W
J
0d _
J
UJ
0
Lc))
o)
L -
co
11
a(
fl — >- Ow
Lu
CZZZOA
OJ
J0CLItykL0_ N
O
Li'
a
ca
av0Z0ce0
c
W
W
0
J
V)
Q' (.
0
0- 0
o
0
z
Page 279 of 297
C ITY OF WATER LOO
Council Communication
An o rd inance amend ing O rd inance No . 5079, as amended, C ity o f Waterlo o Zoning O rd inance, by amending
the O fficial Zoning Map referred to in S ection 10-4-4, approving a rezo ne of c ertain p ro p erty, loc ated wes t o f
2010 W. R idgeway Avenue
City Council Meeting: 11/6/2017
Prepared: 10/23/2017
R EV I EWER S :
D epartment R eviewer Action D ate
C lerk O ffice H igby, Nancy Approved 10/23/2017 - 11:57 AM
ATTA C H M EN TS :
Description Type
R ezone M -2P to B P B ackup M aterial
S UB J E C T:
Motio n to rec eive, file and cons id er for the third time and adopt an
o rd inance amend ing O rd inance No . 5079, as amended, C ity o f Waterloo
Zo ning O rd inance, by amend ing the O ffic ial Zo ning Map referred to in
S ectio n 10-4-4, approving a rezo ne o f c ertain p ro p erty, loc ated west of 2010
W. R idgeway Avenue.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ap p ro ve third read ing and adopt ordinanc e.
S ummary S tatement:
Transmitted herewith is a R eq uest by the I s lamic F o und ation of Iowa, I nc .
to rezo ne approximately 8.25 acres fro m “M-2,P ” P lanned Ind ustrial Dis tric t
to “B-P ” Bus ines s P ark Dis tric t, loc ated Wes t o f 2010 West R idgeway
Avenue.
Exp enditure R equired :No ne.
S ource o f F und s :No ne required .
P olic y Issue:
G oal 1 S up p o rt the c reation of new, livable wage jobs tho ugh a balanced
econo mic develo p ment approac h o f assis ting exis ting bus inesses, fostering
s tart-ups, attrac ting new emp lo yers and c ultivating an adequate workforc e.
Legal Desc riptio ns :PART O F S W S E DES C AS BEG S E C O R T H W 475 F T T H N 790
F T T H E 475 F T T H S 790 F T T O P T O F BEG S EC 32 T 89 R 13
Page 280 of 297
September 12, 2017
West of 2010 West Ridgeway Ave. rezone from “M-2,P” to “B-P”
REQUEST: Request by the Islamic Foundation of Iowa, Inc. to rezone
approximately 8.25 acres from “M-2,P” Planned Industrial District to
“B-P” Business Park District, located West of 2010 West Ridgeway
Avenue.
APPLICANT: Islamic Foundation of Iowa, Inc., 330 South Street, Waterloo, IA
50701
GENERAL
DESCRIPTION:
The applicant is requesting to rezone the property in question to
construct a daycare facility, play area, utility garage, Community
Centre/Gym, and Islamic Centre/School. The first phase of the
project will only consist of constructing a 6,400 square foot daycare
facility, 80’ X 40’ play area, and 16-stall parking lot. The second
phase will consist of a 5,000 square foot community Centre/Gym, a
7,000 square foot Islamic Centre/School, and utility garage.
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
The request would not appear to have a negative impact on the
neighborhood which consists of the Katoski Greenbelt to the north
and west, the future Kwik Star Fuel Blending Facility to the east, and
vacant land to the south which is also zoned “B-P” Business Park
District.
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The site is
served by West Ridgeway Avenue, which is classified as a Minor
Arterial.
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE
STREETS POLICY:
There are currently no sidewalks located along West Ridgeway
Avenue. A recreational trail is anticipated to be constructed along the
south side of West Ridgeway Avenue in the future.
ZONING HISTORY
FOR SITE AND
IMMEDIATE
VICINITY:
The area of the proposed site is currently zoned “M-2,P” Planned
Industrial District. The site was rezoned from “A-1” Agricultural
District to “M-2,P” Planned Industrial District on 11/01/1999.
North – Katoski Greenbelt, zoned “A-1” Agricultural District.
South – Vacant Commercial Property, zoned “B-P” Business Park
District
East – Vacant Industrial Property, zoned “M-2,P” Planned Industrial
District.
West – Katoski Greenbelt, zoned “A-1” Agricultural District.
DEVELOPMENT
HISTORY:
The Katoski Greenbelt is located to the west and north of the site,
which is not anticipated to be developed in the future, as most of it is
located within the floodplain. The future Kwik Star Fuel Blending
Facility will be located to the east. Future commercial business
development is anticipated to occur to the south along West
Ridgeway Avenue. The request for the construction of a daycare and
future phases of the Islamic Center Development would not appear
to have a negative impact on the surrounding area, however the
Page 281 of 297
September 12, 2017
West of 2010 West Ridgeway Ave. rezone from “M-2,P” to “B-P”
applicant still needs to be cognizant of the industrial nature, intended
use, and design of nearby properties.
BUFFERS/
SCREENING
REQUIRED:
No Buffering will be required.
DRAINAGE: It will be necessary that a storm water detention plan is submitted to
the Engineering Department for review and approval prior to the
issuance of a building permit. The proposed request would not
appear to have a negative impact upon drainage in the area if proper
storm water detention techniques are put in place.
FLOODPLAIN: The property is located within a Zone A (100-year floodplain), Zone X
(500-year floodplain), and non-floodplain. The area for the proposed
daycare facility is not located in a special flood hazard area per the
Federal Insurance Administration's Flood Insurance Rate Map,
Community Number 190025 and Panel Number 0282F, dated July
18, 2011.
PUBLIC /OPEN
SPACES/
SCHOOLS:
The Katoski Greenbelt is located to the west and north of the site. No
schools are located in the immediate vicinity.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER,
ETC:
The closest sewer line to the property in question is an 8” line that
runs within West Ridgeway Avenue, but stops 1,350’ to the east at
Martin Road. This sewer line will be extended to connect with the
future Kwik Star Fuel Blending Facility, but it will not be extended to
the Islamic Community Center site. The applicant at this time intends
to build a sewer septic system. The area does not contain any storm
water infrastructure, but it does contain a 20” water main that runs
along the south side of West Ridgeway Avenue.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
The Future Land Use Map designates this area as Industrial. Land to
the north and west is designated Parks, Open Spaces, Airport,
Government Facilities, and Public Spaces. Land to the south is
designated as Business Park, Professional Offices, Commercial, and
Compatible Light Industrial. Land to the east is designated as
Industrial. The proposed use appears to be compatible with the
comprehensive plan. The site is also located within the Primary
Growth Area on the City of Waterloo’s Growth Map.
STAFF ANALYSIS –
ZONING
ORDINANCE:
The applicant is requesting to rezone 8.25 acres from “M-2,P”
Planed Industrial District to “B-P” Business Park District. The
intention of the rezoning request is to provide the Islamic Foundation
of Iowa, Inc. greater flexibility in regards to phasing its development.
The site previously received special permit approval by the Board of
Adjustment on April 9, 2007 to build an Islamic Community Center
with a Mosque, and other related facilities under one roof.
The Islamic Foundation of Iowa now intends to have the Islamic
Community Center built in phases that will be comprised of separate
buildings. The first phase will consist of a 6,400 square foot daycare
Page 282 of 297
September 12, 2017
West of 2010 West Ridgeway Ave. rezone from “M-2,P” to “B-P”
facility, 3,200 square foot play area, and a 16-stall parking lot.
The second phase will consist of a 5,000 square foot Community
Centre/Gym, a 7,000 square foot Islamic Centre/School, and utility
garage. Parking will need to be noted on the site plan when the
Islamic Community Center gets ready to construct its second phase.
A Islamic Community Center is a permitted use in the “M-2,P”
Planned Industrial District, subject to special permit approval, which
was received in 2007. Unfortunately, a stand-alone daycare or
school building is not a permitted use within the “M-2,P” Planned
Industrial District. The rezoning of the land from “M-2,P” to “B-P”
Business Park District will enable the Islamic Foundation of Iowa,
Inc. to better phase its Islamic Community Center development. A
daycare, school, and Community Centre/Gym Islamic Centre/School
are permitted uses under the Business Park District.
Land to the south of the site is also zoned Business Park District.
The rezoning of the site would be in character with the
neighborhood.
STAFF ANALYSIS –
SUBDIVISION
ORDINANCE:
The applicant is not planning to subdivide the property.
TECHNICAL
REVIEW
COMMITTEE
Lori Glover with the Black Hawk County Office of Emergency
Management expressed concerns regarding a portion of the site
being located in the 100-year floodplain. The City of Waterloo
Planning Staff however, noted that the proposed daycare facility will
not be built in the 100-year floodplain.
Members of the Technical Review Committee expressed concerns
regarding the close proximity of the proposed day care to the soon to
be constructed Kwik Trip Fuel Blending Facility and asked if the
applicant has looked at the possibility of having sanitary s ewer
connected to the site. The City of Waterloo Planning Staff indicated
they are only planning on having a sewer septic system installed on
the site at this time.
The proposed daycare facility will be located 700 feet to the west of
the Kwik Trip Fuel Blending Facility and there are trees located
between the two sites to act as a buffer. A representative with the
Kwik Trip indicated that there are numerous safety measures that will
be incorporated into the design of the tanks to mitigate any potential
impacts and limit potential damage to the site itself. In addition the
fueling tanks are located within a containment wall in case of any
spillage or faults with the tanks.
Page 283 of 297
September 12, 2017
West of 2010 West Ridgeway Ave. rezone from “M-2,P” to “B-P”
STAFF
RECOMMENDATION:
Therefore, staff recommends that the request to rezone
approximately 8.25 acres from “M-2,P” Planned Industrial District to
“B-P” Business Park District be approved for the following reasons:
1. The request would not appear to have a negative impact on
the surrounding area.
2. The request would not appear to have a negative impact upon
pedestrian and traffic conditions within the surrounding area.
3. The request will better enable the applicant to phase its
development as funding and timing allows.
And with the following conditions(s):
1. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, screening, drainage, etc., except as specifically
altered though the site plan approval process.
Page 284 of 297
T I T A N T R
ATHENS DR
G R E Y H O U N D D R
W. RIDGEWAY AVEW. RIDGEWAY AVE W. RIDGEWAY AVE W. RIDGEWAY AVE
T I T A N T R
W. RIDGEWAY AVE
ATHENS DR AT HENS DR
G R E Y H O U N D D R
City of Waterloo Planning, Programming and Zoning CommissionSeptember 12, 2017
W of 2010 West Ridgeway AvenueRezone M-2,P to B-PIbrahim Shehata
300 0 300150Feet
µ
Proposed Rezone Area
2010 West Ridgeway Avenue
Page 285 of 297
63
G R E Y H O U N D D R .
CYCLONE DR.
K A T O S K I D R .
MARTIN RD.
M A R T I N R D .
63
M A R N I E A V E .
KINGSWOOD
PL.
A-1
B-P
M-1
M-1
M-2,P
M-2,P
A-1
R-3
A-1
R-4
R-4
M-2,P
M-1
R-4,R-P
A-1
R-R
M-1
A-1 R-2,C-Z
R-2
City of Waterloo Planning, Programming and Zoning CommissionSeptember 12, 2017
W of 2010 West Ridgeway AvenueRezone M-2,P to B-PIbrahim Shehata
800 0 800400Feet
µ
^
Page 286 of 297
P
a
g
e
2
8
7
o
f
2
9
7
P
a
g
e
2
8
8
o
f
2
9
7
P
a
g
e
2
8
9
o
f
2
9
7
P
a
g
e
2
9
0
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
C o mmunication from the Leisure S ervices Department on the notice o f the c o nc lus ion of emp lo yment for Jo e
Mc C racken, G olf Maintenanc e I I, effec tive S ep tember 29, 2017 with rec ommend ation of ap p ro val o f payout
o f $4,137.71 fo r unus ed benefits.
City Council Meeting: 11/6/2017
Prepared:
R EV I EWER S :
D epartment R eviewer Action D ate
H uman Resources D unn, Lance Approved 10/31/2017 - 5:52 P M
C lerk O ffice H igby, Nancy Approved 10/31/2017 - 5:55 P M
ATTA C H M EN TS :
Description Type
S UB J E C T:
C o mmunic ation from the Leisure S ervices Department on the notice of the
conclus ion of emp lo yment fo r Joe Mc C rac ken, G olf Maintenanc e I I,
effective S eptemb er 29, 2017 with recommendatio n o f approval of p ayo ut of
$4,137.71 for unus ed b enefits .
S ub mitted by:S ubmitted By:
Page 291 of 297
P
a
g
e
2
9
2
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
C o mmunication from the Waterloo P ublic Lib rary Dep artment o n the no tic e o f the conclus io n o f employment
fo r Michael J. Dargan, Tec hnical S ystems & R eferenc e Ad ministrator, effec tive S eptemb er 29, 2017 with
recommend atio n o f approval of p ayout o f $10,342.75 for unused b enefits .
City Council Meeting: 11/6/2017
Prepared:
R EV I EWER S :
D epartment R eviewer Action D ate
H uman Resources D unn, Lance Approved 10/31/2017 - 5:52 P M
C lerk O ffice H igby, Nancy Approved 10/31/2017 - 5:55 P M
ATTA C H M EN TS :
Description Type
M ichael J . D argan P ayout C over Memo
S UB J E C T:
C o mmunic ation from the Waterloo P ublic Lib rary Dep artment o n the notic e
o f the conc lus ion of emp lo yment fo r Mic hael J. Dargan, Tec hnical S ystems
& R eferenc e Adminis trato r, effective S eptemb er 29, 2017 with
recommendatio n o f approval of p ayout of $10,342.75 for unused b enefits .
S ub mitted by:S ubmitted By:
Page 293 of 297
P
a
g
e
2
9
4
o
f
2
9
7
C ITY OF WATER LOO
Council Communication
Waterlo o Water Wo rks Board o f Trus tees meeting minutes of O c tober 18, 2017 o n file in the Waterlo o C ity
C lerk’s o ffice.
City Council Meeting: 11/6/2017
Prepared: 10/31/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Water Works M ahler, M att Approved 10/31/2017 - 5:14 P M
C lerk O ffice H igby, Nancy Approved 10/31/2017 - 5:48 P M
ATTA C H M EN TS :
Description Type
L E G AL N O T I C E O F M I N U T E S - O C T O B E R
2017 C over Memo
S UB J E C T:Waterlo o Water Wo rks Board o f Trus tees meeting minutes of O c tober 18,
2017 on file in the Waterlo o C ity C lerk’s offic e.
S ub mitted by:S ubmitted By:Matt Mahler, G eneral Manager
Page 295 of 297
Board of Water Works Trustees held their regular meeting on
Wednesday, October 18, 2017, with Terry Kuntz, Chairman; Mary Potter, Vice-Chair;
and Scott Wienands, Trustee; present. Also in attendance: Rick Wilberding,
Distribution Department Manager, and Matthew L. Mahler, General Manager and
Secretary.
The Board approved to adopt: the agenda; the minutes of the regular
meeting of September 15, 2017; the Monthly Financial Report; the Monthly Revenue
and Expense Summary; a resolution to cause $1,384.89 for service line repair to be
assessed to the property taxes of 929 Grant Avenue; a motion to receive and place on
file proof of publication of notice of public hearing for the Dysart Road Water Main
Replacement Project, to open the public hearing, to declare the hearing closed with no
written or oral comments, a resolution to confirm approval of bid documents, plans,
specifications, form of contract, etc., a resolution to award the contract to Ricklefs
Excavating, Ltd., and to authorize the General Manager to execute the appropriate
documents; a motion to receive and place on file the 2016 Audit Report of the
Waterloo Water Works; a motion to set the date of Public Hearing as the November
2017 Board of Trustees meeting to adopt the 2018 Budget ; and to set the date of the
next regular Board meeting as Wednesday, November 22, 2017 at 8:00 a.m.
Payment of the following bills:
Acco Unlimited Supplies 16,937.80
Advanced Systems Services 144.13
AECOM Services 4,304.73
Al Gordon Plumbing & Heating Repairs 750.00
All Star Plumbing & Heating Repairs 632.50
Aramark Uniform Services 387.22
Aspro Supplies 1,348.65
AWWA Membership Dues 90.00
AWWA Standards Update Renewal 767.00
BerganKDV Services 100.00
Black Hawk County Auditor Water & Sewer Bond 4,240.65
Black Hawk Electrical Services 153.45
Black Hawk Waste Disposal Services 104.00
BMC Aggregates Supplies 4,107.19
BRB Lawn and Snow Services 791.25
Campbell Supply Supplies 126.22
Cedar Valley Sportsplex Payroll Deduction 224.04
Cedar Valley United Way Payroll Deduction 97.50
CenturyLink Services 212.74
Charles Schwab Institutional Pension 47,314.40
City of Raymond Sewer, Garbage & Yard
Waste
21,811.27
City of Waterloo Sewer, Garbage & Storm
Water
956,519.15
Clapsaddle-Garber Assoc. Services 9,115.00
Cogsdale Corp. CIS Project 3,217.50
Courier Communications Legal Ads 204.00
Crossroads Auto Repair Services & Repairs 3,874.78
D & J Oil Co. Supplies 1,765.16
Dex Media East Services 33.50
Electrical Engineering & Equipment Services 900.00
EMA, Inc. Consulting Services 310.00
Firestone Store Supplies 638.83
Frickson Bros. Excavating Repairs 2,737.50
Gierke-Robinson Supplies 177.20
Hogan & Hansen Services 719.10
Iowa Assoc. of Water Agencies Conference 110.00
Iowa Dept. of Public Health Backflow Tester Renewals 1,008.00
Iowa Municipalities Worker’s
Compensation Assoc.
Insurance 4,249.00
Iowa One Call Services 641.70
Iowa Section – AWWA Conference 240.00
Page 296 of 297
IPERS Pension 22,486.63
IWI Motor Parts Supplies 15.26
K & R Consulting Group Services 140.00
Kerns, Steve Reimbursement 50.00
Keystone Lab Testing 2,224.40
Kwik Trip Fuel 3,560.48
Larson, Travis Reimbursement 50.00
Lehman Trucking & Excavating Services 4,800.00
Lodge Construction Project 5,874.40
Mahler, Matthew L. Reimbursement 273.48
Menards Supplies 710.90
MidAmerican Energy Gas, Power & Electric 51,735.96
O’Connor, Pam Reimbursement 22.15
Payroll 107,654.69
PDCM Insurance Insurance 43.00
Postmaster Postage 1,863.40
PPG Architectural Finishes Supplies 192.69
Professional Office Services Services 9,806.62
Public Employees Credit Union Payroll Deduction 9,455.00
Quam Trucking Supplies 4,800.00
R Company Repairs 2,840.00
Radio Communications Services 126.00
Ramsey Truck and Auto Repair Services 90.00
Ratkovich, Mary Reimbursement 34.31
Ray Mount Wrecker Service Services 45.00
Refunds 3,054.49
Rochester Armored Car Services 469.52
Schimberg Co. Supplies 1,618.84
Sensus USA, Inc. Supplies 8,400.00
SJE-Rhombus Services 2,517.20
State of Iowa Treasurer Sales Tax 41,686.00
Storey Kenworthy Supplies 2,008.85
Sun Life Financial Insurance 7,653.97
Swisher & Cohrt, P.L.C. Legal Services 869.50
Teamsters Local Union #238 Payroll Deduction 997.00
Thompson Truck & Trailer Services 4,598.06
Titan Machinery Services 1,157.44
Torney’s Electric Motor Service Services 75.00
Treasurer, State of Iowa State Tax 13,017.00
U.S. Cellular Services 79.24
UnityPoint Clinic-Occupational
Medicine
Services 37.00
US Dept. of Treasurer Federal Tax 74,238.24
Utility Equipment Supplies 1,419.36
Van Wert Inc. Services 6,144.60
Voya Institutional Trust Payroll Deduction 7,954.00
Waterloo Water Works Reimbursement 10,014.38
Wellmark Blue Cross Blue Shield Insurance 52,994.17
Wilberding, Rick Reimbursement 50.00
$1,561,053.39
WATERLOO WATER WORKS
ATTEST: ___________________________
Secretary
Page 297 of 297