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HomeMy WebLinkAboutCouncil Packet-01/30/2012AMENDED THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JANUARY 30, 2012 be '5� ; /'fu. l3'.1 i`^7(`%•3) Q. A2--' Leg OW 64 -0 5006`/`� CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1 Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/ presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p. m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. . Roll Call. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. January 30, 2012 Agenda, as proposed or amended. Minutes of January 23, 2012, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Cancellation of assessments for 3071 Hammond Avenue; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk 3. Amendment of assessment for 840 Newton Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 1).\4. Amendment of assessment for 853 Riehl Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk A35. Request of Leer's Cycle Center for tax exemptions on improvements totaling $500, 000.00 for property located at 101 Fletcher Avenue and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1l Request of Kerry Merrifield for tax exemptions on improvements totaling $180,000.00 for property located at 5832 Summerland Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planned/ ‘77S 7. Request of Brad Meyer for tax exemptions on improvements totaling $180,000.00 for property located at 3635 Ranchero Road and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 l( 8. Request of Evy Juniati for tax exemptions on improvements totaling $196,907.00 for property located at 952 Lisa Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 V-7'1 6. January 30, 2012 Page 3 77 9. Request of Vicki Sherwood for tax exemptions on improvements totaling V $6, 000.00 for property located at 320 Madison Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 7:1110. Request of Darryl D. Dhein for tax exemptions on improvements totaling $13,038.00 for property located at 1146 Newton Street and located in the Consolidated Urban Revitalization Area. VSubmitted by Christopher W. Western, Planner 11 11. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $80, 000.00 for property located at 610 South View Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W Western, Planner 73'0 12. Request of Sherry Borwig for tax exemptions on improvements totaling $10,000.00 for property located at 1120 W. Donald Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 ; 13. Request of Allen Glass Company Inc. for tax exemptions on improvements S's totaling $100,000.00 for property located at 306 W. 5th Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Sergeant McClelland; Officer Erie; and Investigator Gergen International Law Enforcement Educators and Trainers Association Wheeling, Illinois April 16- 20, 2012 $2,267.00 Waterloo Fire Rescue Personnel Fire Command Training Leadership Waterloo, Iowa November 27, 2012 $500.00 Dennis Gentz, Assistant City Engineer 48th Annual Concrete Paving Workshop Des Moines, Iowa February 1-3, 2012 $360.00 Greg Ahlhelm, Plans Examiner Plan Review Institute Myrtle Beach, South Carolina April 20- 30, 2012 $1, 970.00 January 30, 2012 Page 4 5. Recommendation of appointment of Erica Christiansen to the position of Medical Services Specialist, effective February 13, 2012. Submitted by Pat Treloar, Chief of Fire Services Class C Beer License Permit Application 6. Hy -Vee Food Store #1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 7. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 8. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class C Liquor License Permit Application 9. Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal) (Expires 12/ 19/ 12) 10. Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/ 13) (Includes Sunday Sales) Class E Liquor License Permit Application 11. Hy -Vee Food Store #1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 12. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 13. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class B Wine License Permit Application 14. Hy -Vee Food Store # 1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 15. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 16. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Outdoor Service Area Application 17. Packers Inn, 201 Rath Street Fireworks Display Application 18. National Cattle Congress, 257 Ansborough Avenue on February 3, 2012 from 9:15 p.m. to 11:30 p.m. (McElroy Event - Hairball Concert) January 30, 2012 PUBLIC HEARINGS Page 5 2. Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626 West 9th Street Motion to receive and file proof of publication of notice of public hearing f /J HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 3. Second violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age Resolution approving the Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Corks Grocery of 1956 Lafayette Street, for the sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. AMENDED WORDING Submitted by David R. Zellhoefer, Assistant City Attorney RESOLUTIONS 4. PREVIOUSLY ITEM NO. 20 5. Resolution approving Development Agreement with the Cedar Valley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director Resolution approving Supplemental Agreement No. 1 with AECOM (fka Earth Tech) at a cost of $14,000.00 for design services for Rehabilitation of Runway 18-36 at the Waterloo Regional Airport; and authorize Mayor to execute said document. Submitted by Bradley Hagen, Airport Director 6. Resolution approving Certificate of Substantial Completion with Failor Hurley Construction Corporation of Hudson, Iowa in the amount of $218,246.00 in conjunction with 2011 Public Market Interior Development; and authorize Mayor to execute said document 1 Submitted by Rick Curran, Leisure Services Facilities Manager January 30, 2012 Page 6 7. Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $18,000.00, with a 50 percent city match, to be used for the purchase of wrestling mats at Young Arena; and authorize Mayor to execute said document. Submitted by Chris Dolan, Young Arena Manager 8. Resolution approving recommendation of award of bid to Vermeer Sales and Service of Pella, Iowa in the amount of $175,000.00, with an q9agreement of 6 months rental at $20,000.00 and a purchase price after 6 months of $55,000.00 for the Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder; an approval of said Rental/Purchase Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent Resolution rescinding Resolution No. 2012-26 in its entirety; and Motion approving Change Order No. 5 (Revised) for a net increase of $169,889.60 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772. Submitted by Dennis Gentz, P.E., Assistant City Engineer 10. Resolution approving Completion of Project and Recommendation of % Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $5,603,560.63 in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772; and receive and file two-year Maintenance Bond. 9. Ct Submitted by Eric Thorson, P.E., City Engineer 11. Resolution rescinding Resolution No. 2012-27 in its entirety; and Motion approving Change Order No. 1 (Revised) for a net decrease of $175,219.38 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811. Submitted by Wayne Castle, PLS, El, Associate Engineer Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $130,424.23 in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 13. Motion approving Change Order No. 5 for a net increase of $34, 615.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734. Submitted by Jamie Knutson, P.E., Associate Engineer January 30, 2012 Page 7 14. Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities /7911 to enhance communication and to advance common interests in legislative matters; and authorize Mayor and City Clerk to execute said document. Submitted by Mayor Buck Clark 15. Resolution approving Development Agreement with Dolly James LLC for k1/4.x7 the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 16. Resolution approving Real Estate Sale Contract with Iowa Community Credit Union, f/k/a Watel Credit Union, for the acquisition of 320 West 2nd Street in the amount of $814,060.00, with up to $60,000.00 in city environmental, temporary location, and closing costs; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 17. Resolution approving amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from April 30, 1996, to forgive loan and release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260.00 for 5 years; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Plann/ng & Development Director 18. Resolution setting date of hearing as February 13, 2012 to approve sale and conveyance of a portion of 218 West Mullan Avenue "excess land" to CtS, Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 19. Resolution setting date of hearing as February 13, 2012 to approve Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union to convey property located at the northwest corner of OO\ Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director January 30, 2012 Page 8 20. Resolution approving two cooperative agreements with the US AMENDED Environment Protection Agency (EPA): one for the Waterloo Hazardous WORDING Substance Assessments in the amount of $200,000.00; and one for Brownfields Petroleum Assessments in the amount of $200,000.00; and authorize Mayor and City Clerk to execute said documents. Submitted by Christopher W. Western, City Planner 11 ORDINANCES 21. Sewer Regulation User Charges and Fees Ordinance Change Motion to receive, file, consider and pass for the first time an Ordinance amending the Waterloo City Code, specifically Ordinance No. 4261, by adding to 8 -3A -2A3 Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Larry N. Smith, Waste Management Services Superintendent 22. Resolution approving the establishment of sewer rates at the same rate as tr. Waterloo's residential sewer rate for all participating governmental 0 i bodies signatory to an agreement with the City of Waterloo. Submitted by Larry N. Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 23. Request for Proposals for Security Services at Waste Management Services Motion to instruct Waste Management Services Superintendent to prepare Request for Proposals, form of contract, etc. Motion to receive and file Request for Proposals, form of contract, etc. 101, Resolution preliminarily approving Request for Proposals, form of contract, etc. AMENDED Resolution setting date of hearing and bid opening as February 27, 2012; DATE and instruct City Clerk to publish notice of Request for Proposals, form of contract, etc. Submitted by Larry N. Smith, Waste Management Services Superintendent 24. 2012 Sullivan Park Shelter Project Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. kO 1 Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; k° and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager January 30, 2012 Page 9 25. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. 1 Resolution preliminarily approving plans, specifications, form of OU contract, etc. 09 Resolution setting date of hearing as February 20, 2012; and instruct City Clerk to publish said notice of public hearing. (Bids will be let by Iowa Dept of Transportation on February 21, 2012) Submitted by Jeff Bales, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. Motion to adjourn to Executive Session. EXECUTIVE SESSION 26. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2011). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, January 30, 2012 4:50 p.m. - Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Cultural & Arts Commission Director transmitting resignation of Shannon Farlow, effective January 19, 2012, together with recommendation of approval of payout of $1,342.80 for unused benefits. 2. Waterloo Water Works Board of Trustees meeting minutes of December 21, 2011 on file in the City Clerk's office. January 30, 2012 Page 10 CONTRACT PAYMENT SCHEDULE 1. F. Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 7 to Vieth Construction in the total amount due of $54, 741.18 2. F. Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 18 to Vieth Construction in the total amount due of $22, 377.10 3. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 16 to Peterson Contractors Inc. in the total amount due of $1,282.50 4. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 1 to JDE Engineering in the total amount due of $2, 850.00 5. Virden Creek Floodwall from Highway 63 to E. 4th Street, Contract No. 813 Pay estimate to AECOM in the total amount due of $26,117.42 6. Waterloo Stormwater Lift Stations at Blowers Creek and Dry Run Creek Payment to AECOM in the total amount due of $11,228.91 7. Lincoln School Safe Route to School Payment to AECOM in the total amount due of $2, 080.00 8. F. Y. 2012 SECOR Railroad Spur, Contract No. 794 Payment to AECOM in the total amount due of $7,512.41 9. U.S. Highway 63 Final Design Phase, NHSX-63-6(69)-3H-07 Pay estimate No. 15 to AECOM in the total amount due of $81,809.97 10. U.S. Highway 63 Final Design Phase, NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of $2, 651.69 AMENDED THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JANUARY 30, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the .same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. January 30, 2012 Agenda, as proposed or amended. Minutes of January 23, 2012, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Cancellation of assessments for 3071 Hammond Avenue; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk 3. Amendment of assessment for 840 Newton Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 4. Amendment of assessment for 853 Riehl Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 5. Request of Leer's Cycle Center for tax exemptions on improvements totaling $500, 000.00 for property located at 101 Fletcher Avenue and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1l 6. Request of Kerry Merrifield for tax exemptions on improvements totaling $180,000.00 for property located at 5832 Summerland Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1l 7. Request of Brad Meyer for tax exemptions on improvements totaling $180,000.00 for property located at 3635 Ranchero Road and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 8. Request of Evy Juniati for tax exemptions on improvements totaling $196,907.00 for property located at 952 Lisa Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 January 30, 2012 Page 3 9. Request of Vicki Sherwood for tax exemptions on improvements totaling $6, 000.00 for property located at 320 Madison Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 10. Request of Darryl D. Dhein for tax exemptions on improvements totaling $13,038.00 for property located at 1146 Newton Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 11. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $80,000.00 for property located at 610 South View Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner /1 12. Request of Sherry Borwig for tax exemptions on improvements totaling $10,000.00 for property located at 1120 W. Donald Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1/ 13. Request of Allen Glass Company Inc. for tax exemptions on improvements totaling $100,000.00 for property located at 306 W. 5th Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Sergeant McClelland; Officer Erie; and Investigator Gergen International Law Enforcement Educators and Trainers Association Wheeling, Illinois April 16- 20, 2012 $2,267.00 Waterloo Fire Rescue Personnel Fire Command Training Leadership Waterloo, Iowa November 27, 2012 $500.00 Dennis Gentz, Assistant City Engineer 48th Annual Concrete Paving Workshop Des Moines, Iowa February 1-3, 2012 $360.00 Greg Ahlhelm, Plans Examiner Plan Review Institute Myrtle Beach, South Carolina April 20- 30, 2012 $1, 970.00 January 30, 2012 Page 4 5. Recommendation of appointment of Erica Christiansen to the position of Medical Services Specialist, effective February 13, 2012. Submitted by Pat Treloar, Chief of Fire Services Class C Beer License Permit Application 6. Hy -Vee Food Store #1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 7. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 8. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class C Liquor License Permit Application 9. Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal) (Expires 12/ 19/ 12) 10. Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/ 13) (Includes Sunday Sales) Class E Liquor License Permit Application 11. Hy -Vee Food Store # 1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 12. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 13. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class B Wine License Permit Application 14. Hy -Vee Food Store #1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 15. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 16. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Outdoor Service Area Application 17. Packers Inn, 201 Rath Street Fireworks Display Application 18. National Cattle Congress, 257 Ansborough Avenue on February 3, 2012 from 9:15 p.m. to 11:30 p.m. (McElroy Event - Hairball Concert) January 30, 2012 Page 5 PUBLIC HEARINGS 2. Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626 West 9th Street Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 3. Second violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age Resolution approving the Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Corks Grocery of 1956 AMENDED Lafayette Street, for the sale of tobacco, tobacco products or cigarettes WORDING to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney RESOLUTIONS 4. Resolution approving Development Agreement with the Cedar Valley PREVIOUSLY TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the ITEM NO. 20 TechWorks campus; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 5. Resolution approving Supplemental Agreement No. 1 with AECOM (fka Earth Tech) at a cost of $14,000.00 for design services for Rehabilitation of Runway 18-36 at the Waterloo Regional Airport; and authorize Mayor to execute said document. Submitted by Bradley Hagen, Airport Director 6. Resolution approving Certificate of Substantial Completion with Failor Hurley Construction Corporation of Hudson, Iowa in the amount of $218,246.00 in conjunction with 2011 Public Market Interior Development; and authorize Mayor to execute said document Submitted by Rick Curran, Leisure Services Facilities Manager January 30, 2012 Page 6 7. Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $18,000.00, with a 50 percent city match, to be used for the purchase of wrestling mats at Young Arena; and authorize Mayor to execute said document. Submitted by Chris Dolan, Young Arena Manager 8. Resolution approving recommendation of award of bid to Vermeer Sales and Service of Pella, Iowa in the amount of $175,000.00, with an agreement of 6 months rental at $20,000.00 and a purchase price after 6 months of $55,000.00 for the Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder; an approval of said Rental/Purchase Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 9. Resolution rescinding Resolution No. 2012-26 in its entirety; and Motion approving Change Order No. 5 (Revised) for a net increase of $169,889.60 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772. Submitted by Dennis Gentz, P.E., Assistant City Engineer 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $5,603,560.63 in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 11. Resolution rescinding Resolution No. 2012-27 in its entirety; and Motion approving Change Order No. 1 (Revised) for a net decrease of $175,219.38 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811. Submitted by Wayne Castle, PLS, El, Associate Engineer 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $130,424.23 in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 13. Motion approving Change Order No. 5 for a net increase of $34, 615.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734. Submitted by Jamie Knutson, P.E., Associate Engineer January 30, 2012 Page 7 14. Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities to enhance communication and to advance common interests in legislative matters; and authorize Mayor and City Clerk to execute said document. Submitted by Mayor Buck Clark 15. Resolution approving Development Agreement with Dolly James LLC for the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 16. Resolution approving Real Estate Sale Contract with Iowa Community Credit Union, f/k/a Watel Credit Union, for the acquisition of 320 West 2nd Street in the amount of $814,060.00, with up to $60,000.00 in city environmental, temporary location, and closing costs; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 17. Resolution approving amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from April 30, 1996, to forgive loan and release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260.00 for 5 years; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 18. Resolution setting date of hearing as February 13, 2012 to approve sale and conveyance of a portion of 218 West Mullan Avenue "excess land" to Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 19. Resolution setting date of hearing as February 13, 2012 to approve Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union to convey property located at the northwest corner of Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director January 30, 2012 Page 8 20. Resolution approving two cooperative agreements with the US AMENDED Environment Protection Agency (EPA): one for the Waterloo Hazardous WORDING Substance Assessments in the amount of $200,000.00; and one for Brownfields Petroleum Assessments in the amount of $200,000.00; and authorize Mayor and City Clerk to execute said documents. Submitted by Christopher W. Western, City Planner 11 ORDINANCES 21. Sewer Regulation User Charges and Fees Ordinance Change Motion to receive, file, consider and pass for the first time an Ordinance amending the Waterloo City Code, specifically Ordinance No. 4261, by adding to 8 -3A -2A3 Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Larry N. Smith, Waste Management Services Superintendent 22. Resolution approving the establishment of sewer rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with the City of Waterloo. Submitted by Larry N. Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 23. Request for Proposals _for Security Services at Waste Management Services Motion to instruct Waste Management Services Superintendent to prepare Request for Proposals, form of contract, etc. Motion to receive and file Request for Proposals, form of contract, etc. Resolution preliminarily approving Request for Proposals, form of contract, etc. AMENDED Resolution setting date of hearing and bid opening as February 27, 2012; DATE and instruct City Clerk to publish notice of Request for Proposals, form of contract, etc. Submitted by Larry N. Smith, Waste Management Services Superintendent 24. 2012 Sullivan Park Shelter Project Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager January 30, 2012 Page 9 25. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing as February 20, 2012; and instruct City Clerk to publish said notice of public hearing. (Bids will be let by Iowa Dept of Transportation on February 21, 2012) Submitted by Jeff Bales, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. Motion to adjourn to Executive Session. EXECUTIVE SESSION 26. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2011). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, January 30, 2012 4:50 p. m. - Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Cultural & Arts Commission Director transmitting resignation of Shannon Farlow, effective January 19, 2012, together with recommendation of approval of payout of $1,342.80 for unused benefits. 2. Waterloo Water Works Board of Trustees meeting minutes of December 21, 2011 on file in the City Clerk's office. January 30, 2012 Page 10 CONTRACT PAYMENT SCHEDULE 1. F. Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 7 to Vieth Construction in the total amount due of $54, 741.18 2. F. Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 18 to Vieth Construction in the total amount due of $22, 377.10 3. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 16 to Peterson Contractors Inc. in the total amount due of $1,282.50 4. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 1 to JDE Engineering in the total amount due of $2,850.00 5. Virden Creek Floodwall from Highway 63 to E. 4th Street, Contract No. 813 Pay estimate to AECOM in the total amount due of $26,117.42 6. Waterloo Stormwater Lift Stations at Blowers Creek and Dry Run Creek Payment to AECOM in the total amount due of $11,228.91 7. Lincoln School Safe Route to School Payment to AECOM in the total amount due of $2, 080.00 8. F. Y. 2012 SECOR Railroad Spur, Contract No. 794 Payment to AECOM in the total amount due of $7,512.41 9. U.S. Highway 63 Final Design Phase, NHSX-63-6(69)-3H-07 Pay estimate No. 15 to AECOM in the total amount due of $81,809.97 10. U.S. HighwaL 63 Final Design Phase, NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of $2, 651.69 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JANUARY 30, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these `general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. January 30, 2012 Agenda, as proposed or amended. Minutes of January 23, 2012, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Cancellation of assessments for 3071 Hammond Avenue; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk 3. Amendment of assessment for 840 Newton Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 4. Amendment of assessment for 853 Riehl Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 5. Request of Leer's Cycle Center for tax exemptions on improvements totaling $500,000.00 for property located at 101 Fletcher Avenue and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 6. Request of Kerry Merrifield for tax exemptions on improvements totaling $180,000.00 for property located at 5832 Summerland Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 7. Request of Brad Meyer for tax exemptions on improvements totaling $180,000.00 for property located at 3635 Ranchero Road and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1l 8. Request of Evy Juniati for tax exemptions on improvements totaling $196,907.00 for property located at 952 Lisa Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 January 30, 2012 Page 3 9. Request of Vicki Sherwood for tax exemptions on improvements totaling $6, 000.00 for property located at 320 Madison Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 10. Request of Darryl D. Dhein for tax exemptions on improvements totaling $13,038.00 for property located at 1146 Newton Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 11. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $80,000.00 for property located at 610 South View Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 12. Request of Sherry Borwig for tax exemptions on improvements totaling $10,000.00 for property located at 1120 W. Donald Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1/ 13. Request of Allen Glass Company Inc. for tax exemptions on improvements totaling $100,000.00 for property located at 306 W. 5th Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W Western, Planner 11 b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Sergeant McClelland; Officer Erie; and Investigator Gergen International Law Enforcement Educators and Trainers Association Wheeling, Illinois April 16- 20, 2012 $2,267.00 Waterloo Fire Rescue Personnel Fire Command Training Leadership Waterloo, Iowa November 27, 2012 $500.00 Dennis Gentz, Assistant City Engineer 48th Annual Concrete Paving Workshop Des Moines, Iowa February 1-3, 2012 $360.00 Greg Ahlhelm, Plans Examiner Plan Review Institute Myrtle Beach, South Carolina April 20- 30, 2012 $1, 970.00 January 30, 2012 Page 4 5. Recommendation of appointment of Erica Christiansen to the position of Medical Services Specialist, effective February 13, 2012. Submitted by Pat Treloar, Chief of Fire Services Class C Beer License Permit Application 6. Hy -Vee Food Store # 1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 7. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 8. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class C Liquor License Permit Application 9. Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal) (Expires 12/ 19/ 12) 10. Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/ 13) (Includes Sunday Sales) Class E Liquor License Permit Application 11. Hy -Vee Food Store # 1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 12. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 13. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class B Wine License Permit Application 14. Hy -Vee Food Store # 1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 15. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 16. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Outdoor Service Area Application 17. Packers Inn, 201 Rath Street Fireworks Display Application 18. National Cattle Congress, 257 Ansborough Avenue on February 3, 2012 from 9:15 p. m. to 11:30 p. m. (McElroy Event - Hairball Concert) January 30, 2012 Page 5 PUBLIC HEARINGS 2. Asbestos Survey Services Request for Proposals for the _following properties: 820 and 910 Sycamore Street and 626 West 9th Street Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 3. Second violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen _years of age for Corks Grocery located at 1956 Lafayette Street HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments Resolution ordering civil penalty in the amount of $1,500.00 for said second violation. Submitted by David R. Zellhoefer, Assistant City Attorney RESOLUTIONS 4. Resolution approving Supplemental Agreement No. 1 with AECOM (fka Earth Tech) at a cost of $14,000.00 for design services for Rehabilitation of Runway 18-36 at the Waterloo Regional Airport; and authorize Mayor to execute said document. Submitted by Bradley Hagen, Airport Director 5. Resolution approving Certificate of Substantial Completion with Failor Hurley Construction Corporation of Hudson, Iowa in the amount of $218,246.00 in conjunction with 2011 Public Market Interior Development; and authorize Mayor to execute said document Submitted by Rick Curran, Leisure Services Facilities Manager 6. Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $18,000.00, with a 50 percent city match, to be used for the purchase of wrestling mats at Young Arena; and authorize Mayor to execute said document. Submitted by Chris Dolan, Young Arena Manager January 30, 2012 Page 6 7. Resolution approving recommendation of award of bid to Vermeer Sales and Service of Pella, Iowa in the amount of $175,000.00, with an agreement of 6 months rental at $20,000.00 and a purchase price after 6 months of $55,000.00 for the Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder; an approval of said RentaVPurchase Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 8. Resolution rescinding Resolution No. 2012-26 in its entirety; and Motion approving Change Order No. 5 (Revised) for a net increase of $169,889.60 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772. Submitted by Dennis Gentz, P.E., Assistant City Engineer 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $5,603,560.63 in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 10. Resolution rescinding Resolution No. 2012-27 in its entirety; and Motion approving Change Order No. 1 (Revised) for a net decrease of $175,219.38 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811. Submitted by Wayne Castle, PLS, El, Associate Engineer 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $130,424.23 in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 12. Motion approving Change Order No. 5 for a net increase of $34,615.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734. Submitted by Jamie Knutson, P.E., Associate Engineer 13. Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities to enhance communication and to advance common interests in •4egislative matters; and authorize Mayor and City Clerk to execute said document. Submitted by Mayor Buck Clark January 30, 2012 Page 7 14. Resolution approving Development Agreement with Dolly James LLC for the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 15. Resolution approving Real Estate Sale Contract with Iowa Community Credit Union, f/k/a Watel Credit Union, for the acquisition of 320 West 2nd Street in the amount of $814,060.00, with up to $60,000.00 in city environmental, temporary location, and closing costs; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 16. Resolution approving amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from. April 30, 1996, to forgive loan and release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260.00 for 5 years; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 17. Resolution setting date of hearing as February 13, 2012 to approve sale and conveyance of a portion of 218 West Mullan Avenue "excess land" to Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 18. Resolution setting date of hearing as February 13, 2012 to approve Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union to convey property located at the northwest corner of Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 19. Resolution approving Cooperative Agreement with Environment Protection Agency (EPA) for the 2010 US 63/City Wide Petroleum and Hazardous Material Assessment; and authorize Mayor and City Clerk to execute said document. Submitted by Christopher W. Western, City Planner 1l 20. Resolution approving Development Agreement with the Cedar Valley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director January 30, 2012 Page 8 ORDINANCES 21. Sewer Regulation User Charges and Fees Ordinance Change Motion to receive, file, consider and pass for the first time an Ordinance amending the Waterloo City Code, specifically Ordinance No. 4261, by adding to 8 -3A -2A3 Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Larry N. Smith, Waste Management Services Superintendent 22. Resolution approving the establishment of sewer rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with the City of Waterloo. Submitted by Larry N. Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 23. Request for Proposals for Security Services at Waste Management Services Motion to instruct Waste Management Services Superintendent to prepare Request for Proposals, form of contract, etc. Motion to receive and file Request for Proposals, form of contract, etc. Resolution preliminarily approving Request for Proposals, form of contract, etc. Resolution setting date of hearing and bid opening as February 13, 2012; and instruct City Clerk to publish notice of Request for Proposals, form of contract, etc. Submitted by Larty N. Smith, Waste Management Services Superintendent 24. 2012 Sullivan Park Shelter Project Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager January 30, 2012 Page 9 25. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing as February 20, 2012; and instruct City Clerk to publish said notice of public hearing. (Bids will be let by Iowa Dept of Transportation on February 21, 2012) Submitted by Jeff Bales, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. Motion to adjourn to Executive Session. EXECUTIVE SESSION 26. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2011). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, January 30, 2012 4:50 p.m. - Public Works Committee, Council Chambers 5:00 p. m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Cultural & Arts Commission Director transmitting resignation of Shannon Farlow, effective January 19, 2012, together with recommendation of approval of payout of $1,342.80 for unused benefits. 2. Waterloo Water Works Board of Trustees meeting minutes of December 21, 2011 on file in the City Clerk's office. January 30, 2012 Page 10 CONTRACT PAYMENT SCHEDULE 1. F. Y 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 7 to Vieth Construction in the total amount due of $54, 741.18 2. F. Y 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 18 to Vieth Construction in the total amount due of $22,377.10 3. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 16 to Peterson Contractors Inc. in the total amount due of $1, 282.50 4. F. Y 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 1 to JDE Engineering in the total amount due of $2, 850.00 5. Virden Creek Floodwall from Highway 63 to E. 4th Street, Contract No. 813 Pay estimate to AECOM in the total amount due of $26,117.42 6. Waterloo Stormwater Lift Stations at Blowers Creek and Dry Run Creek Payment to AECOM in the total amount due of $11,228.91 7. Lincoln School Safe Route to School Payment to AECOM in the total amount due of $2, 080.00 8. F. Y. 2012 SECOR Railroad Spur, Contract No. 794 Payment to AECOM in the total amount due of $7,512.41 9. U.S. Highway 63 Final Design Phase, NHSX-63-6(69) 3H-07 Pay estimate No. 15 to AECOM in the total amount due of $81,809.97 10. U.S. Highwau 63 Final Design Phase, NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of $2, 651.69 January 23, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 23, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Pack 1 Cub Scouts from Becker Elementary recited the Pledge of Allegiance. 137274 - Hart/Schmitt that the meeting, accepted carried. Agenda, as amended by deleting item #22 and move for the Regular Session on Monday, and approved. Voice vote -Ayes: 137275 - Hart/Schmitt it to the January 30th January 23, 2012, at 5:30 p.m., be Six. Absent: Greenwood. Motion that the Minutes, as proposed, for the Regular Session on Monday, January 9, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark presented a Certificate of Neighborhood Recognition to Cedar Knoll Neighborhood Association that was accepted by Steve Heyer. CONSENT AGENDA 137276 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-87, dated January 23, 2012, in the amount of $3,120,848.92, 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. 2012-39. 2. Request of Waterloo Auto Parts, Inc. for a variance to the Noise Ordinance on June 9-10, 2012 from 5:00 p.m. to 1:00 a.m. in conjunction with Iowa Automotive Recyclers Summer Outing event to be held at 1501 Grandview Avenue with Grandview Avenue street closure from Clark Street north to the end of Grandview Avenue, including the presence of a live band, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-40. b. Motion to approve the following: 1. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re - Appointment Carol Dietz Plumbing Board of Licensing, Examiners & Appeals January 24, 2015 New Appointment An ela WeekleyWaterloo g Convention & Visitors Bureau June 30, 2014 New Appointment Tavis M. Hall Waterloo Convention & Visitors Bureau June 30, 2014 New Appointment 2. Recommendation of appointment of Captain Mike Moore to the position of Battalion Chief for Waterloo Fire Rescue, effective January 24, 2012 - Submitted by Pat Treloar, Chief of Fire Services Class B Beer License Permit Application 3. Cedar Valley Fish Market, 218 Division Street (Renewal) 4. Taqueria La Guadalupana, 1010 E. Mitchell Unit #6 11/16/12) 5. Casey's General Store #2427, 3035 Logan Avenue 12/31/12) (Includes Sunday Sales) (Expires 1/25/13) (Renewal) (Expires (Renewal) (Expires January 23, 2012 Page 2 Class C Beer License Permit Application 6. Save More Foods, 1975 Franklin Street (Renewal) (Expires Sunday Sales) 7. Hy -Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) Sales) 8. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Includes Sunday Sales) 9. Kmart #4158, 3810 University Avenue (Renewal) (Expires Sunday Sales) 1/5/13) (Includes (Includes Sunday (Expires 2/28/13) 2/28/13) (Includes Class A Liquor License Permit Application. 10.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial (Expires 1/14/13) (Includes Sunday Sales) Class C Liquor License Permit Application 11.Karma Bar, 309 W. 4th Street (Renewal) (Expires Sales) 12.The Other Place, 360 E. Ridgeway Avenue (Renewal) (Includes Sunday Sales) 13.Beck's Sports Brewery, 3295 University Avenue (Renewal) (Includes Sunday Sales) 14.Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive 12/30/12) (Includes Sunday Sales) 15.The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Includes Sunday Sales) 16.Joan's 9'er, 929 W. 5th_ Street (Renewal) (Expires Sunday Sales) 17.E1 Valle, 1927 Jefferson Street (New) (Expires Sales & Catering) 18.The Winning Edge, 341 Fletcher Avenue (Includes Sunday Sales) Street (Renewal) 1/8/13) (Includes Sunday (Expires 1/25/13) (Expires 12/31/12) (Renewal) (Expires (Expires 12/31/12) 11/30/12) (Includes 12/22/12) (Includes Sunday (Renewal) (Expires 12/2/12) Class E Liquor License Permit Application 19.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/05/13) (Includes Sunday Sales) 20.Hy-Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 21.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Class B Wine License Permit Application 22.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/05/13) (Includes Sunday Sales) 23.Hy-Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 24.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) 25.Kmart #4158, 3810 University Avenue (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Outdoor Service Area Application 26.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial 27.Karma Bar, 309 W. 4th Street 28.Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive 29.The Locker Room Lounge, 1918 Hawthorne Avenue 30.Joan's 9'er, 929 W. 5th Street 31.E1 Valle, 1927 Jefferson Street Street Cigarette Permit Application 32.Choudhry Corporation dba Liquor and Tobacco Outlet, 2844 University Avenue 33.E Z International Inc dba B & B East, 1615 Bishop Avenue Vehicle For Hire Business License Application 34.Q -King Taxi, 506 Oak Street, Decorah, Iowa 52101 Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark recognized the new appointments to the various Boards - and Commissions. January 23, 2012 Page 3 PUBLIC HEARINGS 137277 - Schmitt/Welper that proof of publication of notice of public hearing on Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder, as published in the Waterloo Courier on January 10, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137278 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137279 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-41. 137280 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-42. 137281 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review: Bidder Bid Amount Vermeer Sales and Service $175,000.00 P.O. Box 168 $20,000.00 Pella, Iowa 50219 $449,500.00 Vermeer Wisconsin, Inc. 5445 North 131st Street $545,250.00 Butler, Wisconsin 53007 Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137282 - Getty/Cole that proof of publication of notice of public hearing on Request for Proposals for Asbestos Removal at 910 West Shaulis Road, as published in the Waterloo Courier on January 17, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137283 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137284 - Getty/Cole that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Removal at 910 West Shaulis Road", be adopted. Roll call vote - Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-43. 137285 - Getty/Cole that "Resolution authorizing to proceed in conjunction with Request for Proposals for Asbestos Removal at 910 West Shaulis Road", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-44. January 23, 2012 Page 4 137286 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Bid Amount Active Thermal Concepts 2805 Stonegate Court Hiawatha, Iowa 52233 5% $9,717.00 Advanced Environmental 803 Ricker Street Waterloo, Iowa 50703 5% $4,830.00 Affordable Hazards Removal, Inc. 121 East Grand Street Monticello, Iowa 52310 No Bond ESA, Inc. PO Box 1370 116 Gateway Drive North Sioux City, South Dakota 57049 5% $10,000.00 New Horizons LLC PO Box 681183 Kansas City, Missouri 64168 5% $12,312.00 Site Services 1621 East Commercial Street Algona, Iowa 50511 5% $6,800.00 Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS 137287 - Cole/Schmitt that "Resolution approving recommendation of award of contract to ATC Associates, Inc. of Waterloo, Iowa in the amount of $1,850.00 for Phase I Environmental Site Assessment of the following properties: 915, 917, 919, 927, 1003, 1013 and 1021 Lafayette Street -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-45. 137288 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with ATC Associates, Inc. of Waterloo, Iowa in the amount of $1,850.00 for Phase I Environmental Site Assessment of the following properties: 915, 917, 919, 927, 1003, 1013 and 1021 Lafayette Street; and Mayor and City Clerk authorized to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-46. 137289 - Cole/Schmitt that "Resolution approving recommendation of award of contract to R Company dba Frickson Backhoe and Trucking of Evansdale, Iowa in the amount of $28,700.00 for Demolition and Site Clearance of the following properties: 915, 917, 919, 927 and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-09-12-Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-47. 137290 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with R Company dba Frickson Backhoe and Trucking of Evansdale, Iowa in the amount of $28,700.00 for Demolition and Site Clearance of the following properties: 915, 917, 919, 927 and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-09-12; and Mayor and City Clerk authorized to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-48. January 23, 2012 137291 - Welper/Schmitt Page 5 that "Resolution approving recommendation of award of contract to B & B Builders & Supply of Waterloo, Iowa in the amount of $49,600.00 for 2012 Riverfront Sports Park Shelter Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-49. 137292 - Welper/Schmitt that "Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $20,000.00 to be used for marketing of the Cedar Valley SportsPlex-Submitted by Mark Gallagher, Leisure Services Sports Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-50. 137293 - Welper/Schmitt that "Resolution approving 2012 Golf Fee Schedule as recommended by the Leisure Services Commission -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Mr. Welper questioned if the rates have been lowered. Paul Huting, Leisure Services Director, reported that the fees are remaining the same as last year. Resolution adopted and upon approval by Mayor assigned No. 2012-51. 137294 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Waterloo Implement in the amount of $79,503.70 for the Purchase of 2012 Golf Turf Equipment - Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-52. 137295 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Van Wall Equipment in the amount of $56,596.00 for the Purchase of 2012 Golf Turf Equipment - Submitted by JB Bolger; Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-53. 137296 - Schmitt/Welper that "Resolution approving Completion of Project, Final Acceptance & Quantities and Release of Final Payment for work performed by Voltmer Inc. of Decorah, Iowa at a total cost of $324,670.34 in conjunction with Ridgeway Avenue and Sergeant Road (US 63) Traffic Safety Improvements, Contract No. 760; and authorize Mayor and City Clerk to execute said documents -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-54. 137297 - Hart/Welper that "Resolution approving Supplemental Agreement No. 3 with Kirkham Michael for construction -related services at a cost of $342,238.57 in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-55. January 23, 2012 Page 6 137298 - Hart/Welper that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-56. 137299 - Hart/Welper that "Resolution approving Letter of Intent with Black Hawk County Conservation Board (BHCCB) for the future conveyance of a portion of Lots 49, 50, 51 and 52 of Sherwood Park along Greenwood Avenue located just east of Highway 218 for the development of a boat ramp and parking area as part of the Sherwood Park Recreation Area and Hartman Reserve Expansion Project; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-57. 137300 - Welper/Hart that "Resolution approving a Resource Enhancement and Protection Grant from the Iowa Department of Natural Resources in the amount of $193,400.00 for acquisition & development related to Sherwood Park Recreation Area and Hartman Reserve Expansion Project; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-58. 137301 - Welper/Hart that "Resolution approving Real Estate Sale Contract with The Heene Family Trust for the acquisition of 218 West Mullan Avenue in the amount of $450,000.00, with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Nay: One (Getty). Absent: Greenwood. Mr. Getty expressed concern with the price being paid for the propert. Noel Anderson, Community Planning and Development Director, explained the assessed value was approximately $450,000.00 in 2010 for the property. Mr. Schmitt asked if we are using the same process as in the past. Noel Anderson, Community Planning and Development Director, reported that this is the same procedure and there are plans to tear it down for approximately $40,000 to $60,000 and there is a plan for developing this location. Resolution adopted and upon approval by Mayor assigned No. 2012-59. 137302 - Welper/Hart that "Resolution approving Extension Agreement with Howard L. Allen Investments, Inc. for an extension to the timeline for demolition of the trucking facility at 123 Stanley Court moving the date from January 31, 2012 to February 29, 2012; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Nay: One (Getty). Absent: Greenwood. Mr. Schmitt asked if it would be possible to impose a penalty if the facility is not demolished as agreed upon. Noel Anderson, Community Planning and Development Director, explained that they are demolishing the building. Mr. Hart asked the timeframe to get the property transferred once the property is demolished. Noel Anderson, Community Planning and Development Director, responded that it would be around 2 weeks. Resolution adopted and upon approval by Mayor assigned No. 2012-60. January 23, 2012 137303 - Cole/Getty Page 7 that "Resolution approving Completion of Project, Final Acceptance and Release of Final Payment for work performed by Stickfort Construction Co., Inc. of Hudson, Iowa at a total cost of $54,405.12 in conjunction with Fire Station Concrete Replacement & Repair Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-61. 137304 - Cole/Getty that "Resolution of Final Payment at a total cost authorize Mayor Clark, Building vote -Ayes: Six. approving Completion of Project, Final Acceptance and Release for work performed by B & B Builders & Supply of Waterloo, Iowa of $139,950.00 in conjunction with Fire Station Concrete; and and City Clerk to execute said documents -Submitted by Craig Official/Maintenance Administrator", be adopted. Roll call Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-62. OTHER COUNCIL BUSINESS 137305 - Hart/Cole to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137306 - Hart/Cole that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137307 - Hart/Cole that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-63. 137308 - Hart/Cole that "Resolution setting date of hearing and bid opening as January 30, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-64. 137309 - Schmitt/Welper to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137310 - Schmitt/Welper that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey. Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. January 23, 2012 Page 8 137311 - Schmitt/Welper that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-65. 137312 - Schmitt/Welper that "Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-66. 137313 - Hart/Welper to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137314 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137315 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-67. 137316 - Hart/Welper that "Resolution setting date of hearing and bid opening as February 13, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-68. ORAL PRESENTATIONS None ADJOURNMENT 137317 - Hart/Cole that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 19, 2012 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution to cancel assessments Submitted by: Suzy Schares, City Clerk &vvic( ig-trtV I kol).— ,(UholA No.2I(0 Recommended City Council Action: Resolution approving cancellation of mowing assessments for 3071 Hammond Avenue in the amount of $280.00 and $345.00 that falls under Iowa Code 384.84; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Summary Statement: Expenditure Required: Background Information: Iowa Code 384.84 states that if the delinquent rates or charges were incurred prior to the date a transfer of the property or premises in fee simple is filed with the county recorder and such delinquencies were not certified to the county treasurer prior to such date, the delinquent rates or charges are not eligible to be certified to the county treasurer Date Waterloo Water Works Bill Adjustment Request Form *Note that there is a week turn around time per request* f?tr, tAioftm Account number Property address requesting adjustment for Q 7( Contact name & number Adjustment request details 1\104(A/ L/(4J/frreviovi,5 rx 194(( kik_drai o (d ((0i 3-d -01 -635 1� a�33`�{93 NAvv —NO ° $313-b%- 1ei-61{l For Office Use Only Date request processed Status Amount credited Notes MOWING/CLEAN UP/SNOW REMOVAL ASSESSMENTS FY11 6/23/2011 14 A B C D - E F G H | 1 | CUSTOMER > 1 ADDRESS 1 ADDRESS 2 NAME PROPERTY # INV DATE 1AMOUNT INVOICE # DUE TYPE HEPPERLE, KENNETH J 109 FLEET GTWEST 86 8789 CLAY ST�118� UNION, |A52175 -- 8913-24-306-020 2/15/2011 201103505� $ 123.50 SNOVVRENlOVAL -- ------ H|GUERA` EULDG|AARCE25 ( SNOW DOME AVE NORHT LAS 87 13283 --�- BISHOP NXTTO8O0 VEGAS, NV8SO31 EDMOVVN(3 HOGELUCHT, LEONARDV1O5S | ) HAMMOND AV BUCKINGHAM, | 88 136753071 IA 50612 280.00| MOWING ---- HOLMES, M W & HOLMES.ALVADA 110O2ENEVADA CRAURORA, CO 89 11985 ADAMS ------ 311 80012 8913'24132'026 3/14/2011 201104007 $ 97OO � CLEAN-UP HOLMES, MARVIS L 127 QUINCY ST WATERLOO, IA 90 12275 DAVVSONST1012 ----- "OL.,.ES°""`~° 10 201100248 $ 117.50 � WEED MOWING L127 QUINCY WATERLOO, IA 91 12275 DAWSON ST 1012 50703 9/24/2010 201101303 $ 165.80 WEED MOWING HOPPER, JAMES E 4143ELDER DR. POLK/ AUGUSTA, GA 92 Q8G2[�U|NCY -------- | 30909 ------'--HOPPER.JAMESE 8913-24'201'005 11/16/2010 201102162 $ 702`50 WEED MOWING 4143 ELDER DR. AUGUSTA, GA 93 9002 NEWELL |820 30909 8013'24-203-003 0/3/2010 201100868 $ 85.00 WEED MOWING 14 WEED/CLEAN-UP SNOW REMOVAL ASSESSEMENT AS400 Cust Date Num RI ADDR2 Mailing Address Parcel Num ---- ' HOGELUCHTLED NARD 1051 SAV BUCKINGHAM, IA 5/18/2011 13675 3071 HAMMOND AV 50612-0000 *KEITH & CYNTHIA 6/8/2011 13684 438 BAYARD ST 'YOUNG THOMPSON PROPERTIES & MANAGEMENT POBOX 31G JANE8NLLE.|A 5/20/2011 13782 across from EDWARDS ST 50647-0000 8913^23-234-011 K8|LLER.CHR|STOP HERH 1219 WILLISTON AV WATERLOO, IA 5/25/2011 1219�VV|LL|STONAV 50702-0080 [8013-28-485-009 HEAO|N8TON.JAN ETL 1O1SHELBY LN WAVERLY, IA 5/12/2011 13793 "�~�' 927 |U W 50677-0000 8013'26-181'015 SMITH /0'LGVVDRTH,AMA � | NOAM ANOERSON.CHFUB TOPHERA 522 BALTIMORE ~ | ST WATERLOO, IA 5M9/2011 14085 522 BALTIMORE ST |90701-0000 Billing Sent BigingAmt Inv Number 1ComplaintCodes 8813-02- 101-035 5/26/201 8913-26-357-007 6/7/2011 6/7/2011 6/10/2011 01105608 0.00 201105658 Grass / Weeds Grass / Weed $182.50 201105644 /VVeeds $85 00 201105932 Grass / Weeds 6/7/2011. $150.00 201105649 Grass / Weeds 8913-26-377-009 6/15/2011 $150 00 201105935 Grass / VVeeds Page 6 OMB NO. 2502-0265 1r A. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN 1.OFHA 2.11FinHA 3.[]CONV. UNINS. 4.UVA 5.11CONV. INS. 6. FILE NUMBER 7. LOAN NUMBER 8. MORTGAGE INS CASE NUMBER C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked '(POC]" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BUYER GERALD BRUSTKERN 3071 HAMMOND AVE WATERLOO, IA 50702 fs• E. NAME AND ADDRESS OF SELLER LEONARD V. HOGELUCHT F. NAME AND ADDRESS OF LENDER G. PROPERTY LOCATION 3071 HAMMOND AVE WATERLOO, IA 50702 BLACK HAWK County, Iowa H. SETTLEMENT AGENT 42-0142420 BLACK HAWK CO ABSTRACT & TITLE I. SETTLEMENT DATE May 26, 2011 PLACE OF SETTLEMENT 614 SYCAMORE STREET WATERLOO, IA 50703 J. SUMMARY OF BUYER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BUYER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 40,000.00 401. Contract Sales Price 40,000.00 102. Personal Property 402. Personal Property 103. Settlement Charges to Buyer (Line 1400) 384.00 403. 104. 404. 105. 405. Adjustments For Items Paid By Seller in advance Adjustments For Items Paid By Seller in advance 106. City/Town Taxes to 406. City/Town Taxes to 107. County Taxes to 407. County Taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BUYER 40,384.00 420. GROSS AMOUNT DUE TO SELLER 40,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 500.00 501. Excess Deposit (See Instructions) 202. Principal Amount of New Loan(s) 502. Settlement Charges to Seller (Line 1400) 15,630.20 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first Mortgage to GMAC MORTGAGE 46,179.55 205. 505. Payoff of second Mortgage 206. 506. Deposit retained by broker 500.00 207. 507. 208. 508. 209. 509. Adjustments For Items Unpaid By Seller Adjustments For Items Unpaid By Seller 210. City/Town Taxes to 510. City/Town Taxes to 211. County Taxes 07/01/10 to 05/26/11 1,283.10 511. County Taxes 07/01/10 to 05/26/11 1,283.10 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BUYER 1,783.10 520. TOTAL REDUCT. AMT DUE SELLER 63,592.85 300. CASH AT SETTLEMENT FROM/TO BUYER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross Amount Due From Buyer (Line 120) 40,384.00 601. Gross Amount Due To Seller (Line 420) 40,000.00 302. Less Amount Paid By/For Buyer (Line 220) ( 1,783.10) 602. Less Reductions Due Seller (Line 520) ( ; 63,592.85) 303. CASH ( X FROM) ( TO) BUYER 38,600.90 603. CASH ( TO) ( X FROM) SELLER , V 23,592.85 The undersigned hereby acknowledge receipt of a completed copy of pages 1 &2 of this statement,& any attacJimelreferred t t Buyer pdetniSeller` L • ARD ' L GERALD BRUSTKERN HUD -1 (3-86) RESPA, H64305.2 Page 2 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price Division of Commission (line 700) as Follows: 40,000.00 © 3.5000 % 1,400.00 701. $1,400.00 to FOUR SEASONS REALTORS Less Deposit Retained 500.00 702. $ to PRUDENTIAL ONE REALTY CENTRE PAID FROM BUYERS FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 703. Commission Paid at Settlement 704.BROKER ADMINISTRATIVE FEE to PRUDENTIAL ONE REALTY CENTRE 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 900.00 75.00 801. Loan Origination Fee % to 175.00 902.Mortaaae Insurance Premium 802. Loan Discount % to 903. Hazard Insurance Premium years 803.Appraisal Fee @ $ to 120.00 804. Credit Report 905. to 805. Lender's Inspection Fee @ $ to 60.00 806.Mortgage Ins. App. Fee @ $ to 807.Assumption Fee @ $ to 808. @ $ per 809. to 810. ) 811. $ 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ /day ( days %) per 175.00 902.Mortaaae Insurance Premium months @ $ per 903. Hazard Insurance Premium years 1003.City/Town Taxes @ $ 904. 120.00 1004.County Taxes 905. per 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance @ $ per 175.00 1202. City/County Tax/Stamps:Deed 1002. Mortgage Insurance @ $ per 1203. State Tax/Stamps: Deed 315.00 1003.City/Town Taxes @ $ per 120.00 1004.County Taxes @ $ per 1005.Assessments @ $ per 60.00 1006. @ $ per 1007. @ $ per 1008. @ $ per 1100. TITLE CHARGES 1101.Settlement or Closing Fee to BLACK HAWK CO ABSTRACT & TITLE 14.00 175.00 1202. City/County Tax/Stamps:Deed 1102.Abstract or Title Search to BLACK HAWK CO ABSTRACT COMPANY #619027 1203. State Tax/Stamps: Deed 315.00 1103.Title Examination to BEECHER LAW FIRM FILE#277-5184/INV#56835 120.00 1104.Title Insurance Binder to 1205. 1105.Document Preparation to BEECHER LAW FIRM FILE#277-5184/INV#56866 60.00 1106.Notary Fees to 1107.Attorney's Fees to (includes above item numbers: ) 1108.Title Insurance to (includes above item numbers: ) 1109. Lender's Coverage $ 1110. Owner's Coverage $ 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 14.00; Mortgage $ Releases $ 14.00 1302.Pest Inspection to 1202. City/County Tax/Stamps:Deed 63.20; Mortgage 1303.SPECIAL ASSESSMENT to BLACK HAWK CO TREASURER #881302101035 63.20 1203. State Tax/Stamps: Deed ; Mortgage 13,600.0C 1204. 1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 384.00 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301.Survey to KESS & ASSOCIATES, INC. 520.0C 1302.Pest Inspection to 1303.SPECIAL ASSESSMENT to BLACK HAWK CO TREASURER #881302101035 172.0C 1304.JUDGMENT to COMMUNITY WHOLESALE COMPANY LACV116148 13,600.0C 1305. 1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 384.00 15,630.2C , the signatories acknowledge receipt of a completed copy of page 2 of this two page statement.�1 BLACK OA'ABSTRACT TI Settlement Agent (/BRUSTKERN GERALD/1) CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2012 Dept. Head Signature: Eric Thorson, PE. City Engineer # of Attachments: vt C.cAvaira l 60( oVl Na 20V.- 7/ SUBJECT: AMENDMENT TO ASSESSEMENT F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 B & B BUILDERS AND SUPPLY CON TRACT NO. 811 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Approve amendment to assessment due to correction of documents and amount. Ms. Evelyn Jordan 840 Newton Street. PIN 8913-14-352-019 Control # 8110477 Cert # 0012641 Old Assessment $383.85 New Assessment $188.51 Summary Statement: Ms. Jordan was originally sent a proposal of one sidewalk panel needing replacement with a second panel possibly needing replacement, dependant upon review of the tree roots. Construction required only one panel to be replaced. Ms. Jordan contacted Engineering upon review of her bill, where we found an error in the quantity accounting. The inspector's field notes were correct in showing only one panel replaced, but the information was entered incorrectly into the computer, causing her to receive a bill for two panels replaced. This correction also requires that the final contract amount, final change order and retainage amount be changed as the contractor was earlier paid for the replacement of two panels at this location. No other mistakes of this type have been found. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: cc: Pauline Closson, Engineering Department L CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: 'January 26, 2012 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: efunc,( '1'34262- ika41)-110,1 A°.bra--�a SUBJECT: AMENDMENT TO ASSESSEMENT F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 B & B BUILDERS AND SUPPLY CONTRACT NO. 811 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Approve amendment to assessment due to correction of documents and amount. Property owners: Debra S Pichelmann, William E Pichelmann Address: 853 Riehl Street, Waterloo, Iowa 50703 PIN: 8913-23-102-003 Control # 35 8110646 Certificate # 0012721-0 Old assessment $468.54 New assessment $195.34 Summary Statement: Mr. William Pichelmann recently raised a concern about the sidewalk assessment for his property. His assessment included a charge for a water valve adjustment, which he claims did not occur, as per his conversation with one of the contractor's workman. Mr. Pichelmann came to the City Council meeting in May and asked for further clarification. I visited his home after the meeting and based on my review, told him that the sidewalk panel definitely needed replacement, with a water valve adjustment possibly necessary, but we would not be certain until construction commenced. Our pre -construction notes indicate that a water valve adjustment was necessary due to the water valve being located partially within the sidewalk and posing a tripping hazard. Typical water valve adjustment requires shallow excavation around the water valve to expose the pipe. The contractor then cuts the pipe, shortens the length, and reattaches the sections with setscrews, allowing for future height adjustment as needed. This method requires that an area around the water valve be disturbed. Our post -construction notes state that the water valve is now outside of the sidewalk, with the edges of the sidewalk panel matching the edges of the existing sidewalk panels and the top of the water valve flush with the sidewalk. The post -construction photos do not show soil disturbance associated with this type of water valve adjustment. The water valve adjustment section of the special provisions within the contract documents state the contractor shall adjust the valve to the finished elevation of the sidewalk, with any cutting or addition to the water valve pipe being cause for payment. An adjustment of the water valve occurred, but it does not appear that the adjustment that occurred required the contractor to make any physical changes to the water valve pipe. Ambiguity appears to exist within the water valve adjustment special provisions section that will be dealt with before next year's sidewalk program commences. Based on Mr. Pichelmann's testimony, the inspector's notes and the field evidence, I do not believe that we can charge the Pichelmann's for this water valve adjustment and thus we must redo the assessment for 853 Riehl Street. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: cc: Pauline Closson, Engineering Department Mayer BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 tviulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: Attached please find a formal CURA application for tax exemptions on improvements made to the property located at 101 Fletcher Ave, (Leer's Cycle Center) Waterloo, Iowa 50701. Leer's Cycle Center has submitted the application for the following improvement(s): New Build. The sum costs of these improvements are expected to reach $500,000.00. These improvements qualify for exemptions from taxes on the actual value added to Commercial property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 101 Fletcher Ave., Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer _:.._, CONSOLIDATED URBAN REVITALIZATION APPLICATION .fidgr--'IL. S UNDER THE , ---Il "r., FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENT �� —�� PROVISIONS OF THE CONSOLIDATED COUNCIL OF THE CIgTY OF A'iE�REVITALIZATION 00. AREA PLAN eters o \o ADOPTED BY The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: property. ° was previously tvacant,value all actual 1. At least a 10% improvement to the value of the residential on the site. If commercial property improvement to the of commercial property if a building was previously value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo CommunPlanning itymegts & Development Department) the year when the improve 3. This oapplication must be filed with City 'nor to the 1s` workin: da of Feb following p paragraph 2. However,ma are completed to comply with the timeline of the State Code of Iowa, Section 4m04or4 e than unnumbered o �n�ct or complete, single application may be filed upon completion of an entire project requiring providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the Ci �`'� s C_ ii- (,S q�nr�ovl SI NATURE: NAME: oyu-�a"� ADDRESS: \�\ F \,--c•. • ado n'S5-t yS DATE: TELEPHONE: -� ` ► -' A. What is the Address of the property being improved? \O\ c- \s - is the Leal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? Nkat L B. Indicate desired exemption schedule: (1 or 2) improvements; One Hundred Percent (100%) exemption for three years on the actual valuee followingbmo schedule:l 1. improvements according 2.]—�� A partial exemption on the actual value added by trip Seventh Year --30% d. Fourth Year ----500 o g. h. Eighth Year 30% e. Fifth year ------40% i. Ninth Year 20% f. Sixth Year -----40% 20% j. Tenth Year--- a. First Year ------80% b. Second Year ----70% c. Third Year ---60% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Inspeions Department Information: Permit Number: G _-6 w Date permit was issued: IV rC� 13 � 0ld'' U $'` �p0 OOQ . 00 E. What was the cost of the improvement. F. Estimated or actual date of completion of these improvements? these improvements create a displacement of G. If this is not a singe -family dwelling unit, which you own and reside in, willP your tenants? Yes No Total permit(s) valuation:. s'(:) APPROVED DATED:, DENIED 4CK HAWK COUNTY ASSESSOR 'WED DATED: RESOLUTION NO: Tami McFarland Black Hawk County Assessor nprovements to your home or business may not change the assessed value. Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the �k Hawk County Assessor's Office for criteria eligibility. Fidait A That part of Lots 8 and 9, Block 26, "Westfield" in Waterloo, Iowa, described as follows: Commencing at the Southwest corner of Lot 3, said Block 26; thence South 88°57' East, 257.0 feet along the South line of Lots 3, 4, 5, 6 and 7, said Block 26, to the point of beginning; thence North 00°151' Last, 69.7 feet, along the West line of said Lot 8; thence Southeasterly 120.3 feetalong a 3,884.7 foot radius curve, concave 'Northeasterly, having a chord bearing*South 53°33' East, 12013 feet; thence North 88°571' West, 97.1 feet along the South line of said Lots 8 and 9, to the point of 'beginning. AND That part of the vacated East-West alley in Block 25, "Westfield" in Waterloo, Iowa, adjoining Lots 1, 2 and 3. AND Lot 1, Block 25, "Westfield" in Waterloo, Iowa AND Lots 2 and 3, Block 25, "Westfield" in Waterloo, Iowa Book , Page , File Number 2009-00004546 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large • CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Dereloprneot Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: f1-17'1`e‘t I -[[;ti 2 -- oft Attached please find a formal CLURA application for tax exemptions for new construction located at 5832 Summerland Drive, Waterloo, Iowa 50701. Kerry Merrifield has submitted the application for the following: New single-family home construction. The sum costs of these improvements are expected to reach $180,000.00. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Plan. The property address is identified below: ADDRESS 5832 Summerland Drive, Waterloo, Iowa 50701 LEGAL DESCRIPTION Lot 57 in Summerland First Addition, Waterloo, Iowa The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CLURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: ww-w.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FORPROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATIONAREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the fallowing criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1M working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 444,4 unnumbered paras_ . ZO NJN 2. However, a single application may be filed upon completion of an entire project requiring more than one yea C0 construct or complete, providing prior approval has been granted by the City Council or County Board of Su ors. rECPVEDI Please fill out the following information for your application to be submitted to the City Council. `Sr 30 3 2U12 NAME: ADDRESS: 5.3a Stb/h/Meickil4C1 Ur, TELEPHONE: 3/32 L/79 SIGNATURE: �x DATE: i - 3t 1/�reRL®®,�� A. What is the Address of the property being improved? 50..3a Sv1yine-/a ijd ;Or.) WOxvr-/CD(tw 5-70 What is the Legal Description of the property? (May be available at County Recorder's Office on 2°" floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and inspections Department Information: Permit Number:mal/,®e pit was issued: D. What was the cost of the new construction? Total permit(s) valuation: /72 diee oa - f-poN E. Estimated or actual date of completion of this new construction? `Z, ,1/ CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. tpag. 1 of 1) Doc 1D: 004868830001 Type: OEN Kind: (WARRANTY DEED Recorded: 12/28/2011 at 02:34:43 PM Fee Amt: $299.20 Pape 1 of 1 Revenue xCounty Iowa JUDITH A MCCARTHY RECORDER Q Q F11e2012_00011819 Wah Return To: Kerry Merrifield and Kathryn Merrifield, 5832 Summerland Dr., Waterloo, IA 50701 Preparer: Charles P. Augustine, 531 Commercial St., Ste 250, Waterloo, IA 50701, (319) 232-3304 Taxpayer: Kerry Merrifield and Kathryn Merrifield, 5832 Summerland Dr., Waterloo, IA 50701 TSC#115231 WARRANTY DEED - JOINT TENANCY For the consideration of One and No/100 - Dollar(s) and other valuable consideration, Iowa Development Enterprises, L.L.G. a limited liability company organized and existing under the laws of the State of Iowa, does hereby Convey to Kerry Merrifield and Kathryn Merrifield, as joint tenants with full rights of survivorship and not as tenants in common the following described real estate in Black Hawk County Iowa: Lot 57 in Summerland Park First Addition, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Consideration less than $500.00. The Grantor is member -managed; the sale and conveyance of the real estate is made in the ordinary course of the business of the Grantor; and the persons executing this instrument on behalf of the Grantor are duly authorized to do so and are the sole members of the Grantor. Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantor Covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be cons ed as in the s/gular or plural number, and as uculine or feminine gender, according to the context. Dated this /3 day of December, 2011. Dated this J day of December, 2011. STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged before me on this .C7 Member of Iowa GLORIA UELLER { COMMISSION NO. 134180 i MY COMMISSION EXPIRES LI -Z9 20141 STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged before me on this Member of Iowa Development Enterprises, L.L.C. ao%N GLORIA MUELLER COMMISSION NO. 134180 MY1/ COM- ISSIONv-z�� EXPIRE (Ia.(.->) / AA Jason Guthrie, Member /Iowa Development Enterprises, L.L.C. Tyler Duda, Member of Iowa Development Enterprises, L.L.C. day of December, 2011, by Jason Guthrie, d y of Dec mber, 2011, by Tyler Duda, /8c 00, , Notary Public Book Paae . File Number 2012-00011819 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD ?t -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 fvtulberrj Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Developm nt Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: (Tc( pect ,-302t ri.50( 0/i 20---15 Attached please find a formal CLURA application for tax exemptions for new construction located at 3635 Ranchero Road, Waterloo, Iowa 50701. Brad Meyer has submitted the application for the following new construction: New home construction. The sum costs of these improvements are expected to reach $180,000.00. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Plan. The property address is identified below: ADDRESS 3635 Ranchero Road, Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CLURA Plan. We would therefore recommend approval of this application. Sincerely, Cjirci:÷7-49"r-4-4 vv - Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LEWIS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: SIGNATURE: TELEPHONE: 3/moi' 13 / lag3 7 DATE: r, I/ / / //z - A. What is the Address of the property being improved? _9 3 S f ei n c h e i (A_ ..� , pi) 1' aG �� What is the Legal Description of the property? (May be availablect County Rec8rder's Office on 2nd floor of the 1(.5F. Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: (. l -% �"5 9 Dl ate permit was issued: 7 ` y h� l Total permit(s) valuation: CJ v UUC3 D. What was the cost of the new construction? I 0 000 E. Estimated or actual date of completion of this new construction? 1 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED Tauri McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Page 2 of 2) Book , Paae , File Number 2012-00002213 TIE IOWA STATE BAR ASSOCIATION C Kevin McCrindle FOR THE LEGAL EFFECT OF THE USE OF Official Form No.103 THIS FORM, CONSULT YOUR LAWYER s' s1 y %' - WARRANTY DEED - JOINT TENANCY 11 < ocixcv- For the consideration of ---ONE--- Dollar(s) and other valuable consideration, Gene A. Meyer and Marcia M. Meyer, husband and wife do hereby Convey to Brad A. Meyer and Dana L. Meyer, husband and wife as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common, the following described real estate in Black Hawk County, Iowa: Parcel "B" of Plat of Survey as recorded as Document #12012-00001123 on July 19, 2011 in Black Hawk County, Iowa all in the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section No. Twelve (12), Township Eighty-eight (88) North, Range No. Fourteen (14) West of the Fifth Principal Meridian, in the City of Waterloo, Iowa Exempt from Revenue Stamps under Iowa Code Section 428A.2(21) Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: e/ / II Gene A Meyer d (Grantor) Marcia M Meyer U(Grantor) (Grantor) (Grantor) STATE OF IOWA COUNTY OF BLACK HAWK This instrument was acknowledged before me on AtiALf I. Zoll by Gene A Meyer and Marcia M Meyer. husband and wife J o.evim Scott Mueller , Notary Public z C�L r Commission Number: 747298 • la •11 • Commission Expires: IOWA June 8, 2013 E The Iowa State Bar Association 2007 Warranty Deed . J04n1 Tenancy IOWADOCSID Revised January 2005 Book , Paae , File Number 2012-00002213 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE S CHMITT 4t -Targe CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Deveioprn nt Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: 2112- -1L Attached please find a formal CLURA application for tax exemptions for new construction located at 952 Lisa Drive, Waterloo, Iowa 50701. Evy Juniati has submitted the application for the following: New single-family home construction. The sum costs of these improvements are expected to reach $196,907.00. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Plan. The property address is identified below: ADDRESS 952 Lisa Drive, Waterloo, Iowa 50701 LEGAL DESCRIPTION Lot No. 81 in Granger's Addition, Waterloo, Iowa The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CLURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CrTY LIMITS TURBAN REVITALIZATIONAPPLICATION FOR, .PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIIv,JTS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be oblnined from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with Citywior to the 1*working day ofPebruary following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 tmnumbered paragraph 2_ However, a single application may be filed upon completion of an entire projectrequiring more than one year to constnu;t or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME.SIGNATURE: 91<-7 ADDRESS: TELEPHONE: 563 - 501 - 4710 DATE: 10 j ctn uarq 2012 s A. What is the Address of the property being improved? cis ps2 EA.91 Drive e Water too IA- Solo 1 What is the Legal Description of the property? (May be available at County Recorder's Office on 2°d floor of the Courthouse) Lot No. si ',in Gran.'er s Adcliteon waterloo .:©wa /52 Llsoi "rive , Waterloo . IA S0701 B. What was the nature of the improvernent(s)? (must be single family homes or duplex/twin houses to qualify) s(vi5te fa/) t hot e C. City of Waterloo Building and Inspections Deparbnent Information:: Permit Number: BR "A 011.06244Date permit w/2°11as issued: z /g D. What was the cost of the new construction? 4 E ` i (107. D o E. Estimated or actual date of completion of this new construction? i *2 / '2'1 ! ao ` 1 Total permit(s) valuation: g / 013 . 00 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DAl ED: Tauri McFarland DENIED B lack Hawk County Assessor Note: City Council: approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black gawk County Assessor's Office for criteria eligibility. ,ge 1 of 1) NIIIIIIIII IIv III.101INHI111111111111 11 Doc ID: 004534890001 Type: GEN Kind: WARRANTY DEED Recorded: 08/01/2011 at 03:45:56 PM Fee Amt: $70.40 Pape 1 of 1 Revenue Tax: $58.40 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2012-00001 63 Return To: Evy Juniati, 900 Lisa Ave., Waterloo, IA 50701 Preparer: Charles P. Augustine, 531 Commercial Street, Ste 250, Waterloo, IA 50704, (319) 232-3304 Taxpayer: Evy Juniati, 900 Lisa Ave., Waterloo, IA 50701 TSC#112814 WARRANTY DEED For the consideration of One and No/100------ Dollars) and other valuable consideration, Daniel R. Minard and Brenda L. Minard, husband and wife does hereby Convey to Evv Juniati, the following described real estate in Black Hawk County, Iowa: Lot No. 81 in Granger's Addition, Waterloo, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as rjO may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or .lural mber, and as masculine or feminine gender, according to the context. Dated: t ) aniel R. Minard Brenda L. STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged before me on this of 3 day of July, 2011, by Daniel R. Minard and Brenda L. Minard, husband and wife. STEPHANIE M. SCHAAN COMMISSION NO. 739839 MY COMMIMON EXPIRES MARCH 23, 2012 , Notary Public /< Book , Paae . File Number 2012-00001863 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward . CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: it. A(200 -- L Attached please find a formal CURA application for tax exemptions on improvements made to the property located at 1146 Newton Street, Waterloo, Iowa 50703. Darryl D. Dhein has submitted the application for the following improvement(s): Garage. The sum costs of these improvements are expected to reach $13,038.00. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 1146 Newton Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION Soush Park Addition, Lot 24, Block 7, Waterloo, Iowa The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: ww-wci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOP IED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2 (as attached.) However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: 1)A0Y1-- D 01-1P.1 r4 SIGNATURE: ADDRESS: //L/( .1JEYJ1 ! f'`7` wArEgooi TELEPHONE: gm' ' --Qq-76 DATE: / az/77J 12/22/11 A. What is the Address of your property? (1 `f 4 lei EUJTO IJ 57 W f4TE e LOC t A What is the Legal Description of your property? (Available at County Assessor's Office on 2'd floor of the Courthouse)? S( fht24' 6-OPlIo" } troy <—fc_ 7 B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. V A partial exemption on the actual value added by improvements according to the following schedule: a. b. c. First Year ------80% Second Year ----70% Third Year -------60% d. Fourth Year -----50% e. Fifth Year -------40% f. Sixth Year ---------40% C. What was the nature of the improvement(s)? G a Y c -e- i3 ci Lt g. Seventh Year ----30% h. Eighth Year ------30% i. Ninth Year --------20% j. Tenth Year 20% D. City of Waterloo Building and Inspections Department Information: Permit Number79;;Date permit was issued: 7'i —/ / E. What was the cost of the improvement? 1 3 £.3g4, O 0 F. Estimated or actual date of completion of these improvements? Total permit(s) valuation: 4/cf G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of you tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR Note: Note: APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor The improvements to your home or business may not change the assessed value. City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Warci 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & De e!cpmeat Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: Crum_ .c1EC't (; 1cf� 2ti 62 - Attached please find a formal CURA application for tax exemptions for new construction located at 610 South View Street, Waterloo, Iowa 50703. Iowa Habitat for Humanity has submitted the application for the following new construction: New Single -Family home construction. The sum costs of these improvements are expected to reach $80,000. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 610 South View Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION See Attached The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Nov 21 11 04:14p Iowa Heartland Habitat The Co within it 1. At1 co valu 2. Be l &D 3_ This unn requ Co 3192326313 URBAN REVITALIZATION APPLICATION p.2 FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF 1'IiE CITY OF WATERLOO. olidated Urban Revitalization Area (CORA) allows property tax exemptions on improvements to property located boundaries that meet the following criteria: t a 10% improvement to the value of the residential property. At least a 15% improvement to the value of ercial property if a building was previously on the site. It commercial property was previously vacant, all actual added by the improvements is eligible for tax exemption. ted within the CORA boundaries (a map of which can be obtained from the City of Waterloo Con miwity Planning velopment Department) pplication must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 bered paragraph 2 (as attached.) However, a single application may be filed upon completion of an entire project • g more than one year to construct or complete, providing prior approval has bee granted by the City Council or ty Board of Supervisors. IPlease fil out the following��ninformation �for �your application/to be submitted to the City Co ncil. NAME: Cl y"yy"""' `�'� Cl' SIGNATURE: ADDRE' S: pn' D �j Lt J IELEP: ONE: c Zo DATE: 1 J 5'a - k L L is the Address of your property? 6.1 0 ascription of your property? (Available at County Assessor's Office on end floor of th uie: 15O -Th �"_` " V ,aik. I✓n t �.v, `–,�` `} D. City o Penni E. What F. Es e emptioon Cpurthoiuse)? j ne Hundred Percent (100%) exemption for tthree years on the actual value addec by improvements; A partial exemption on the actual value added by improvements according to the following schedule: rst Year ---80% econd Year ---70% hird Year ---60% d. e. f. vas the nature of the improvetie{lt(s) Y Fourth Year 50% Fifth Year— 40% Sixth Year —40% i. J• g. Waterloo Building and an�dInspections Department Information: umber: 0 ! `� 3 Date permit was issued: LL/t; L/ij Total permits) valuation: Seventh Year -30% Eighth Year -30% Ninth Year 20% Tenth Year —20% as the cost of the improvement? ted or actual date of completion of these improvements 0 G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a di you t ants? Yes No I CITY OF'4'ATERLOO PROVED DATED: DENIED BLACK WK COUNTY ASSESSOR APPROVED DATED: Note: Note: RESOLUTION NO: r r== lacement of ZO F/4, l;ivV 21 201 Vicki Atkins ,T. Black Hawk County Assessor Z e improvements to your horse or business may not change the assessed value. C. Council approval does not guarantee tax exemptions. The application must be reviewed and B131 ck Hawk County Assessor's Office for criteri li ibili 00, 1O# approved by the (Page 2 eP 2). Book , Page , File Number 2012-00011585 THE IOWA STATE BAR ASSOCIATION Official Forth No. 104 I Bradley M. Strouse FOR THE LEGAL EFFECT OF THE USE OFTHIS FORM, CONSULT YOUR LAWYER �I.toATh 1, , WARRANTY DEED y , k..)(CORPORATE GRANTOR) "OCI All - For the consideration of One Dollar(s) and other valuable consideration, Iowa Heartland Habitat for Humanity a corporation organized and existing under the laws of the State of Iowa does hereby Convey to Natasha Mae Hummel, a single person the following described real estate in Black Hawk County, Iowa: The West 75 feet of the North 133 feet of Block 18, "City View Heights" in Waterloo, Black Hawk County, Iowa; and The East 75 feet of the West 150 feet of the North 133 feet of Block No. 18, and the South 12 feet of the North 145 feet of the East 75 feet of the West 150 feet of Block No. 18, in "City View Heights" in the City of Waterloo, Black Hawk County, Iowa; The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Iowa Heartland Habitat for Humani ;, a Dated: December ). 15f 2011 • if Iowa co . 'ration / �L., � // / By -.�, /• N _4 ..I:1, M. Streit, e, Vice Presi • ent Title By ' Dean Gipp, Treasurer Title STATE OF IOWA COUNTY OF BLACK HAWK This instrument was acknowledged before me on by Bradley M. Strouse and Dean Gipp as Vice President and Treasurer, respectively, of Iowa Heartland Habitat for Humani y MARY ANN FELTS 7"/cZ , /fes Fd My �1rNynx Fe ('i5 Notary Public Co mmission Expims May 11, 2013 , 0 The Iowa State Bar Assodaeon 2005 IOWADOCSO 104 WARRANTY DEED (CORPORATE GRANTOR) Revised June 2005 Book , Page , File Number 2012-00011585 Mayor BUCK CLARK COUNCIL MEMBERS ••••••••••••••••••• DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: ;tau Attached please fad a formal CURA application for tax exemptions on improvements made to the property located at 1120 W. Donald Street, Waterloo, Iowa 50703. Sherry Borwig and Gary Simpson have submitted the application for the following improvement(s): Attached Garage. The sum costs of these improvements are expected to reach $10,000.00. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (3) year 100 % exemption schedule. The property address is identified below: ADDRESS 1120 Donald W. Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION See Attached The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer URBAN REVITALIZATION APPLICATION DEC 1 6 2011, FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. 4—ilrcQ The Consolidated Urban Revitalization Area (CUBA) allows property tax exemptions on improvements toproperty a t © a within its boundaries that meet the following criteria: U E 1. At Least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2 (as Rffsched.) However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the folio information f� ,aPPlication to be submitted to the City Council. NAME: G lit SGf �11 �i A ) 110 ADDRESS: TELEPHONE /"c3/ A. What is the Address of your property? ('Q LtJ .. De) .D cast What is the Legal Description of your property? (Available at County Assessor's Office on 2nd floor of the Courthouse)? rE 1/60.44_1e pi-U'ZG_ ,�--5 g9 I3<0 y 8 i o // 1 (00 Fi 5 1 1-1: 6 'la— ndicate 0,esired exemption schedule: (1 or 2) `One Hundred Percent (100%) exemption for three years on the actual value added by improvements; A partial exemption on the actual value added by improvements according to the following schedule: JkL a. First Year ------80% b. Second Year -----70% c. Third Year -----60% d. Fourth Year ----50% e. Fifth Year -------40% f. Sixth Year -------40% C. What was the na e of the improvement(s) a1 • D. City of Waterloo Building and Inspections Department Information: Permit Number: X11 -7 Date permit was issued: 4 -41— // Total permit(s) valuation: 3 /. 3. 60 E. What was the cost of thimprovement? t (9 0cto. F. Estimated or actual date of completion of these improvements? g. Seventh Year ---30% h. Eighth Year --------30% i. Ninth Year -----20% j. Tenth Year -------20% -/5- // G. If this is nota singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of you tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Page 2 of 2) Brian G. Sayer AT0006893 QUIT CLAIM DEED For the consideration of One and no/100--- Doilar(s) and other valuable consideration, Gary D. Simpson, a single person do hereby Quit Claim to Sherry J. Borwig and Michael C. Borwig, husband and wife, as joint tenants with full right of survivorship, and not as tenants in common, the following described real estate in Black Hawk County, Iowa: The West Sixty (60) feet of the East One-half of Lot No. Nine (9), except the North Four Hundred Eighty (480) feet thereof, in Cloverdale Acres, in Black Hawk County, Iowa, now in the city of Waterloo, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Consideration less than $500.00 Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: / 1 d ✓ / 4' 7 7 Gary impson (Grantor) STATE OF IOWA, COUNTY OF HENRY, ss: �,,� L This instrument was acknowledged before me on this/57L day of �- C 0 6e1 2007 by Gary D. Simpson, a single person. ron 8. DIANE EVANS Commission Number 701869 WICOWNSSTEGIRES , Notary Public Book , Page , File Number 2008-00014646 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY of WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 tv1ulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Cavik_c 19— ovN., No. C Dear Mayor and Council: Attached please find a formal CURA application for tax exemptions on improvements made to the property located at 306 W. 5th Street Waterloo, Iowa 50701Allen Glass Company Inc., has submitted the application for the following improvement(s): New Build. The sum costs of these improvements are expected to reach $100,000.00. These improvements qualify for exemptions from taxes on the actual value added to Commercial property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (3) year 100 % exemption schedule. The property address is identified below: ADDRESS 306 W. 5th Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION See Attached The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CUBA Plan. We would therefore recommend approval of this application. Sincerely, 4 . Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2 (as attached.) However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: A i len) G 14 5S Co, 2:ou_. ADDRESS: /4' Qc r .P_Sc4 TELEPHONE: 319) Z ?"2-. - o Y (P A. What is the Address of your property? 30 (p SIGNATURE: DATE: `f/// 1// 1Sift ST. What is the Legal Description of our property? (Available at County Assessor's Office on 2"d floor of the Courthouse)? L0-7- No, c)' () &icc% ovo. 1)J inIrlcores' 406, '72) '72)-f/ 7 J (iuccv c; 'Y 4.12—eefoo 'it: B. Indicate desired exemption schedule: (1 or 2)�atit 1. % One Hundred Percent (100%) exemption for three years on the actual value added by improvise'`rig" rgg. 2. A partial exemption on the actual value added by improvements accordingto the followin ghed'sl r ED a. First Year ---------80% d. Fourth Year ------50%" b. Second Year ----70% e. Fifth Year -------40% c. Third Year ---------60% f. Sixth Year ----40% C. D. E. What was the nature ofte improvement(s)? /� �1/� eO /II S Tfeue.-r oti 0 t' & Ai to tf: iJE //. 9 City of Waterloo Building and Inspections Department Information: Permit Number: QC - 2 /< OS If gate pemrit was issued: 7- / 9' r3ol1 Total permit(s) valuation: What was the cost of the improvement? /o o , ova, g. Seventh Year ---30% h. Eighth Year -------30% i. Ninth Year --------20% j. Tenth Year ------20% SEP 1 6 F. Estimated or actual date of completion of these improvements? 9/zQ/// G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of you tenants? Yes X No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED 1 BLACK HAWK COUNTY ASSESSOR APPROVED DM ED: Note: Note: DENIED Tami McFarland Black Hawk County Assessor The improvements to your home or business may not change the assessed value. City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Pegs 1 of 1) 11111l{I ME 11 111 IEN5l Doc ID: 004392060001 Type: GEN Kind: WARRANTY DEED Recorded: 02/10/2011 at 02:20:06 PM Fee Amt: $65.20 Page 1 of 1 Revenue Tax: $51,20 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F1152011-00016018 m -OTHE IOWA STATE BAR ASSOCIATION Official Farm N. 101 • May 2006 Michael R. Young I FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER Retum Preparer. Taxpayer: STA 3r ' 7� abc Kenneth To: Allen (lass o.. Inc.. 1620 Jefferson Street Waterloo. IA 50702 Michael R. Young. P.O. Box 810. Waterloo. IA 50704. (319) 2344471 Allen Glass Co.. Inc., 1620 Jefferson Street, Waterloo, IA 50702 -r, , o qx A -0 - For the Mintey, WARRANTY DEED consideration of One (S1,00) Dollar(s) and other valuable consideration, a single person do hereby Convey to Allen Glass Co., Inc. the following described Lot No. One (1) Grantors estate by title in real estate is free Covenant to Warrant stated. Each of to the real estate. singular or plural 40.41‘421. real estate in Black Hawk County, Iowa: in Block No. One (1), in Hayes' do Hereby Covenant with grantees, fee simple; that they have good and and clear of all liens and encumbrances and Defend the real estate against the undersigned hereby relinquishes Words and phrases herein, including number, and as masculine or feminine Addition to the town (now City) of Waterloo, Iowa. and successors in interest, that grantors hold the real lawful authority to sell and Convey the real estate; that the except as may be above stated; and grantors the lawful claims of all persons except as may be above all rights of dower, homestead and distributive share in and acknowledgment hereof, shall be construed as in the gender, according to the context. Dated: January 25, 2011 enneth STATE This instrument Mintey, Mintey Grantor) (Grantor) OF IOWA , COUNTY OF BLACK HAWK a single was acknowledged before me on January 25, 2011 by Kenneth person • MICKAIIIL R. YOUNG 0 `'•F�r�t47g Michael R. Y g, Notary Public (This form of acknowledgment for individual grantor(s) only) Book Paae . File Number 2011-00016018 TRAVEL REQUEST CITY OF WATERLOO DATE: NAME(S) AND POSITION(S): 01 Sgt. McClelland, Officer Erie and Inv. Gergen DESTINATION: Wheeling, Illinois NAME OF CLASS / MEETING: POINT International Law Enforcement Educators and Trainers DEPARTURE NOT E POINT Association DATE(S)IF OF MEETING: RLOO: RETURN DATE: DEPARTURE DATE: April 20, 2012 April OF 2012 April 16, 2012 cCle land to the PURPOSE OF TRAVEL: Lt. Krogh is requesting to send AOfficers ssociation Conferen ee April 16-20, Inv. Gergn and Sgt.M20121in Wheeling, International Law Enforcement Educators and Trainersaw enforcement y. It is a hands Illinois. This is a conference for trainers or educators ae over 130 coudrsesof loffered th year anld 30 certification on conference as well as classroom topics. The courses. This conference has current information ore too teach in theidr chosen fields of law enforcement fromsome the of the best instructors from around the country are the state, local and federal levels. These officers gain valuable knowledge aia th gen and Erie and inpturn, teach this e of to officers of the Waterloo Police Department during inservice force/control tactics instructors and Sgt. McClelland is ah knowledge in tractogainedr All will benefit from this conference and be able to instruct members of this department 01PrJ LINE ITEM USED 010-11-1100-1346 FY,BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS r /REQUEST V riginal - Clerk/Finance opy - Department WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $533.12 LODGING TAXI — xx GRANT REIMBURSABLE $588.00 MEALS PARKING YES NO $1071.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL: $ 755.66 PER PERSON TOTAL FOR ALL: $ 2267.00 I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE I APPROVE THIS TRAVEL REQUEST MAYOR 1100(' DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1200-1346 /0000. 00 5-U0 a1 2a), 61) A) /1/1-/-0/ '— Copy /tt_G'/'— Copy - Department NAME(S) AND POSITION(S): Waterloo Fire Rescue Personnel DATE: January 6, 2012 NAME OF CLASS / MEETING: Fire Command Training Leadership DESTINATION: Waterloo, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: November 27, 2012 PURPOSE OF TRAVEL: Waterloo Fire Rescue has requested to set up a one day training Leadership course through Fire Command Training for November 27,2012 in Waterloo, Iowa. The cost of this class is $3800.00 plus travel expenditures. In order to reserve this date for the training a deposit must be paid at this time. Director Trelka has requested that the $500.00 deposit be paid at this time out of the Safety Services travel line in order to reserve this date for this training. The rest of the payment will be made ata later date. ,1,a.r L9tA( c._ L �. �Lr�l �z 1 C f ri c Z�i 44,41„,e,2) Gc �. Qct WILL TRAVEL REQUIRE ADDITIONAL PERS NNEL: x COST $ G�.GL�" ' . YES NO OW- C 7 METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $ 0.00 LODGING $0.00 MEALS $500.00 REGISTRATION $0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 500.00 TAXI PARKING AIRFARE M ISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE I APPROVE THIS TRAVEL REQUEST 101 MAYOR DATE TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Dennis Gentz Assistant City Engineer FINANCE DEPT LINE ITEM USED FY O/ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance . STAFF ONLY 0744 07 72.0 ((o 316. at) /7/4 /C - /-/d',w/ 1 -- Copy - Department NAME OF CLASS / MEETING: 48th Annual Concrete Paving Workshop DEPARTURE DATE: February 1, 2012 DATE: January 9, 2012 DESTINATION: Des Moines, IA DEPARTURE POINT IF NOT WATERLOO: RETURN DATE: February 3, 2012 PURPOSE OF TRAVEL/TRAINING: To attend 48th Annual Concrete Paving Workshop DATE(S) OF MEETING: February 1- 3, 2012 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: X CITY VEHICLE AIRFARE X COST $ YES NO DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $180.00 LODGING 20.00 MEALS 160.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 360.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 266-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 360.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO .4,04 -vv) rt DEPAR M N 4AD January 9, 2012 DATE K:AShared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST J%7 DATE hbig-tv- TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Greg Ahlhelm, Plans Examiner FINANCE DEPT LINE ITEM USED FY '"BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance . STAFF ONLY 57a /34/0 c2i) :,5/3.:.21 /.';• 7(?. 00 /56714 /-//"„idl Copy - Department DATE: 1/11/12 NAME OF CLASS / MEETING: Plan Review Institute DEPARTURE DATE: 4/20/12 DESTINATION Myrtle Beach, SC DEPARTURE POINT IF NOT WATERLOO: PURPOSE OF TRAVEL/TRAINING RETURN DATE: 4/30/12 DATE(S) OF MEETING: 4/23/12 thru 4/27/12 Training for nonstructural plan review, structural plan review and performing residential plan review. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: X CITY VEHICLE AIRFARE X COST $ YES NO DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $700.00 LODGING $190.00 MEALS $780.00 REGISTRATION $300.00 MILEAGE/FUEL TOTAL FOR ALL: $ 1,970.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: X GRANT REIMBURSABLE YES NO X YES NO TOTAL: $ 1,970.00 PER PERSON REQUIRED CERTIFICATION I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WAT RL,00 D EPA STM AD j- l r-ia- DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST /Se MAYOR II j7d la' DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED ,;'//D soe /.v� FY )`//e;4BUDGETED ‘,2 SZ) OD EXPENDED YTD THIS REQUEST .:{6"; Le' LEFT AFTER THIS REQUEST /368.6)'5/- DATE 2/12c.✓ /- /d - Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): 1 DATE: Mayor Buck Clark NAME OF CLASS / MEETING: Iowa League of Cities Meetings, including be meeting DEPARTURE DATE: 01/24/2012 RETU rrkkeOf e/tith 5t` Vlli - 5 UO ork 91)04 01/25 5/2012 MEETING: PURPOSE OF TRAVEL: Attend meetings. WILL TRAVEL REQUIRE ADDITIONAL PERSUNTvWL: ?ex x COST S YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 150.00 LODGING 75.00 MEALS REGISTRATION MILEAGE/FUEL 20.00 TOTAL FOR ALL: $ 245.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-01-8200-1345 x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 'L D PARTMENT HEAD MAYOR I APPROVE THIS TRAVEL REQUEST />G ` 011 /p b.A\ tared Goodies\Forms\`l ravel Request Form January 2010 DATE CITY OF WATERLOO Council Communication Council Committee Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: Signature or initials of De t. Hea # of Attachments: SUBJECT: MEDICAL SERVICES SPECIALIST Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Permission to make an appointment for a part-time Medical Services Specialist for Waterloo Fire Rescue. Summary Statement: Expenditure Required Source of Funds- 010-12-1410-1112 Policy Issue Alternative Background Information: We are requesting to appoint Erica Christiansen to the position of part time Medical Services Specialist starting February 13, 2012. The position funding is included in the current budget. ? 2 7'7J2):n,l ,Li ? ' ;.7,L TEC ?.x IES"1II'I rZ'7 - 00 `5 t' :1.WV 0000 -1 :13d 00 5617 00 '5M7 z � l a ?7»7/..- ?a, IL 6'0E6`L9 L E $ IETOJ }uauUXXEd ipa £9roo6HDV g9roo6H3V r9 roo6HJV o9roo6HDF! 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ADDRESS: P.O. Box 2213 CITY & STATE: Waterloo, IA 50704-2213 INVOICE DATE Vendor# 9177 DEPARTMENT: Police PROJECT/GRANT CODE: INVOICE AMOUNT DESCRIPTION G/L DISTRIBUTION 1/16/2012 44220W $690.35 Service order/ labor new phones to Interview Room TOTAL: $690.35 TJ% 7.0 1 I --- Date Approved By An Equal Opportunity/Affirmative Action Employer 'ayment Voucher prepared by Sharae Akin CITY OF WATERLOO January 23, 2012 vendor No. Vendor Name: Schmitt Telecom Partners, Inc. Address: 722 Water Street, Suite 400 City & State: Waterloo, Iowa 50703 Reference Purchase Order # Invoice Invoice PAYMENT VOUCHER 010 11 1100 1344 ate eamme neec. oeiy Keyed y B Keyed y Department: City Attorney's Office \� Grant/Project Code # Date No. Qty/Unit Amount Description 1/19/2012 44306W $117.50 Me ._ 4e�hnne ems. _ �titidi y' /4404,2_ Special Instructions: Total $117.50 1/23�?U2 Date Approved Ey G/L Distribution 010-06-8600 to /9S" An Equal Opportunity/Affirmativection Employer Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: January 23, 2012 Prepared: January 9, 2012 Dept. Head Signature: DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 # of Attachments: 16 l'ar.)1 11366(9-- SUBJECT: Asbestos Abatement Services Request for Proposals for 820 and 910 Sycamore Streets and 626 W. 9th Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as January 30, 2012 to approve Request for Proposals for Asbestos Survey at 820 and 910 Sycamore Streets and 626 W. 9th Street; and instruct City Clerk to publish notice. Summary Statement: The City of Waterloo will be demolishing 820 and 910 Sycamore Streets in preparation of future residential development. The duplex at 626-628 W. 9th Street was acquired through 657A and is in serious disrepair and must be demolished as soon as possible. State laws require that all asbestos containing material be removed prior to demolition. Expenditure Required: To be determined BOB Source of Funds: Nuisance Abatement GREENWOOD At -Large STEVE SCHMITT At -Large Policy Issue: Dilapidated properties Alternative: N/A Background Information: The City of Waterloo purchased the buildings on sycamore several years ago with the intention of demolishing the structures to make room for riverfront housing, while 626-628 W. 9th was acquired through 657A. cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for asbestos survey services for 820 and 910 Sycamore Streets and 326-628 W. 9th Street, not to exceed: Amount in written form, not to exceed: $ Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid. Mayor BUCK CLARK COLNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART aard 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA A COMMUNITY PLANNING AND DEVELOPMENT 715 tvluiberry Street • Waterloo. Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Developtzu ru D;iecrcr January 25, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: �C J° 6-3 56c 260-77 Attached please find a formal CUBA application for tax exemptions on improvements made to the property located at 320 Madison Street, Waterloo, Iowa 50703. Vicki Sherwood has submitted the application for the following improvement(s): Remodel. The sum costs of these improvements are expected to reach $6,000.00. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 320 Madison Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION Lot 6, Block 6, Hillside Addition, Waterloo, Iowa The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, LL: Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ka-- ..—r-----. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. commercialAt least a 10% improvement to the value of the ly if a buildingwas previously on the residential e. Itcommercial property was previouslyproperty. At least a 15% improvement to tva ant, all actual property value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2 (as attached.) However, a single application may hbe ds bee upon con mpd by the City letion of an entire prioje t requiring more than one year to construct or complete, providing priorapproval County Board of Supervisors. I Please fill out the following information for your application to be submitted to the City Council. -so/2 f •. .I hU,, / NAME: e K1 $ Arr("OD0 SIGNATURE: ADDRESS: `/414sem5ft TELEPHONE pi-- 7,0e -DATE: A. What is the Address of your property? What is the Legal escripfion of your prgperty? Available at County Assessor's Office on 2"d floor of th , . rtiVis' Vol 4 o -f- (v, oto c /C /a, /f, /Ls/de- �a�i rcio�r, /,r/?fe,/-loo 2-6,64/Ef- � N �JO URBAN REVITALIZATION APPLICATION FOREBEIZTIFOR SUNDER THE PROVISIONS OF THE URANRVTAIAON PLANSADOPED BY THE CITY COUNCIL THE CITY OF WATERLOO. /- /o -/,t. $,ZOI4ING B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. V A partial exemption on the actual value added by improvements according to the following schedule: a. First Year -----80% d. Fourth Year -----50% g. Seventh Year -----30% b. Second Year ----70% e. Fifth Year 40% h. Eighth Year -------30% c. Third Year ------60% f. Sixth Year -40% i. Ninth Year ------20% j. Tenth Year --------20% C. What was the nature of the improvement(s)? &a.rrtje- D. City of Waterloo Building• land Inspections Department Information: Permit Number: �, 3� g 4 9 Date ermit was issueCd:: (l 0 1 1 1 Total permit(s) valuation: 1 • bOd E. What was the cost of the improvement? s F. Estimated or actual date of completion of these improvements? 1 / — ---c(/ l 1 G. If this is not a singe -family dwelling unit, whichoyou own and reside in, will these improvements create a displacement of you tenants? Yes CITY OF WATERLOO APPROVED DENIED DATED: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: RESOLUTION NO: Tami McFarland Black Hawk County Assessor DENIED Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Pave 1 0_ 1) RANDALL & NELSON REAL ESTATE TRANSFER TAX PAID JUDITH A. McCARTHy, RECORDER s. T BIAC— K H y COUNTY Document Number: 2008023748 Date: May 29, 2008 4:30:00 pm Aud Fee: 5.00 Rec Fee: 5.00 Trans Tax: 158.40 Rec Management Fee: 1.00 E -Com Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Judith A. McCarthy, County Recorder eTHE IOWA STATE BAR ASSOCIATION Official Form No. 101 -Ma 2006 Dawn R. Duven ICIS #AT0002188 Return To: awn uven, :1 OC a FOR THE LEGAL EFFECT OF THE USE OF y , . , r r ate oo , f• • 1 THIS FORM, CONSULT YOUR LAWYER Preparers Dawn R. Duven, 3112 Brockway Rd, , Waterloo , IA 50701, (319) 291-6161 Taxpayer: Vicki L. Sherwood, 320 Madison St., Waterloo IA 50703 sTATF .fir �j a • CI At`° For the consideration of Ot pn (. Dollar(s) and other valuable consideration, Rooff Development LLC WARRANTY DEED Convey to Vicki L. Sherwood - following described real estate in Lot 6, Block 6, "Hillside Addition" to the City of Wate loo, Iowa, County, Iowa: do hereby the Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Rooflopment LLC B•: Joh - — (Grantor) Member STATE OF , COUNTY OF This instrument was acknowledged before me on IOWA U-tl. . :... 1 • . 11 1 D' ' NR.DUVEN r). 1 NO. 192428 d a tm - r.E1:::i ;N EXPIRES ow SEI- 12. 2009 Dated: May 22, 2008 BLACK HAWK Ma 22 2008 , by John R. Ro (Grantor) as or aLTWARLAIEF ":OM MJS SION NO. 19 MY COMMISSION EXPIRES SEPTEMBER 12, 2009 Public (This form of acknowledgment for individual grantor(s) only) Book , Page , File Number 2008-00023748 CITY OF WATERLOO, IOWA Request for Proposal January 2012 ASBESTOS SURVEY SERVICES 820, 910 Sycamore Streets and 626 W. 9th Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by Monday January 23, 2012 at 4:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation 'SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Date of Issuance: Walk Thru Date: ASBESTOS SURVEY SERVICES Thursday January 12, 2012 Tuesday January 17, 2012 1:30 p.m., Central Time Deadline for Proposal Submittal: Monday January 23, 2012 at 4:00 p.m., Central Time Submit Sealed Proposal to: SEALED RFP FOR ASBESTOS SURVEY SERVICES (820 and 910 Sycamore Streets and 626 W. 9th Street) Address exactly as stated—>City Hall Clerks Office -1st Floor City Hall 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFP FOR ASBESTOS SURVEY SERVICES — 2011 Page 2 of 9 SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed and placed at the top of your proposal. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 The successful proposer shall have and maintain General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. Proof of insurance shall be provided with the proposal. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 2011 Page 3 of 9 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) weeks, anticipated to be from (Monday January 31, 2012) to (Tuesday February 14, 2012). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. One (1) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS SURVEY SERVICES — 2011 Page 4 of 9 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted when survey services and final report are complete. And will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 820 and 910 Sycamore Streets Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES — 2011 Page 5 of 9 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 820, 910 Sycamore Streets and 626 W. 9tn Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre -demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and post abatement inspection in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Inspection of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement inspection, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement inspection services with asbestos abatement contractors and relevant City staff. 4.1.9 Ensure all activities requiring asbestos abatement inspection take place in conformity with all Federal Emergency Management Agency (FEMA) and State Historic Preservation Office (SHPO) requirements as related to asbestos abatement. 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. RFP FOR ASBESTOS SURVEY SERVICES — 2011 Page 6 of 9 4.1.12 Provide the above-described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within fourteen (14) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that will conduct asbestos surveys will not be eligible to perform asbestos abatement on the same properties. RFP FOR ASBESTOS SURVEY SERVICES — 2011 Page 7 of 9 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the RFP FOR ASBESTOS SURVEY SERVICES — 2011 Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and wit be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation Page 8 of 9 against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the RFP FOR ASBESTOS SURVEY SERVICES — 2011 "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 9 of 9 Black Hawk County Detailed Parcel Report Page 1 of 2 K HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATI N Parcel ID 8913-25-106-002 PDF No. 13 Deed Holder Tax Mail to Address CITY OF WATERLOO Map Area Contract Buyer CITY OF WATERLOO 715 MULBERRY ST CITY OWNED WATERLOO, IA 50703-0000 E WATERLOO -C Property Address Current Recorded Transfer 820 SYCAMORE ST WATERLOO, IA 50703-3721 Date Drawn Date Filed Recorded Document 4/9/2002 (4/16/2002 Type CLD 682997 D SALES Date AmountNUTC / Type BUILDING PERMIT Date 4/9/2002140,000 SALE TO/BY GOVERNMENT / Deed 6/27/2006 Number Amount Reason WA 0901 620 Roof 4/9/1998 73,500 SALE TO/BY EXEMPT ORGANIZATION / Deed 4/17/2003 WA 0270 210 Misc 5/20/1999 0985 1,500 Int -Remodel ASSESSED VALUES/CREDITS ?ear Class_ 2011 E 100% Value Land Dwelling Building M/E rTotal Acres 14,920 0 134,810 0 149,730 0 Taxable Value Land Dwelling Building M/E Total 14,920 0 134,810 0 149,730 ear 2010 100% �VValue Class E Dwelling Building 94,740 M/E 0 Total 111,000 Acres 0 Land axable /alue 16,260 Dwelling Building 0 94,740 M/E 0 Total 111,000 Year Class 2009 E 100% Value Land Dwelling Building M/E Total Acres 16,260 0 94,740 0 111,000 0 axable alue Land 16,260 Dwelling 0 Building 94,740 M/E Total 111,000 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax District 941041 - WATERLOO RIVERFRONT UR TIF Corp Gross Value Taxable Value 0 0 Military Exemption 0 Levy Rate 42.69322 Gross Tax $0.00 Net Tax $0.00 Nocorp Corp !Nocorp 0 Homestead Credit $0.00 0 0 Disabled Veteran Credit $0.00 0 Property Tax Relief Credit $0.00 $0.00 Ag Credit $0.00 Family Farm Credit $0.00 $0.00 http://www2. co. black -hawk. ia.us/website/bhmap/bhRepDet.asp?apn=8913 25106002 1/12/2012 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 113 113 120 120 0 14904 0.342 Front Foot 14 14 96 96 0 - attached 528 Totals: Description Size Ftr & Fdtn Concrete 0: LF 14904 0.342 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 & 4 BLK 1 EX RR COMMERCIAL BUILDINGS AND ADDITIONS Type Description 1Year Built Area Stories Bars and Lounges BLDG 1 1920 4800 1 Additional Information Style Brick / Blk-Frame Base Square Feet 4,800 Basement Square Feet 4,800 GBA Square Feet 4800 Item Quantity Plumbing Toilet Room 2 Urinal - Wall 1 Item Adjustment.Canopy Quantity - attached 528 Description Size Ftr & Fdtn Concrete 0: LF Ftr & Fdtn Brick or Stone 0: LF Exterior Wall Solid Brick - 8" 0: LF Interior Wall Plaster on Metal 0: LF Wall Facing Incl. w / Walls 0: SF Windows Comm. Steel Sash 0: LF of Wall Verticals & Fronts/Doors Average Cost Fron 0: LF Horizontals Basement Excavation, Floor, Li 0: SF Roof 3 -Ply Compo/ Wood Deck 0: SF Ceiling Composition Block 0: SF/Story Struct. Floor Concrete 0: SF Floor Cover Asphalt Tile 0: SF Partitions Retail Store 0: P/Unit Framing Wood - Light 0: SF HVAC Combination FHA - AC 0: SF Lighting Retail Store 0: SF YARD EXTRAS Description Paving Year Built 1960 Quantity 1 Plot No. Extended Description 7,600 SF, Asphalt Parking, Average Pricing http://www2.co.black-hawk.ia. us/website/bhmap/bhRepDet. asp?apn=891325106002 1/12/2012 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-25-136-001 Deed Holder Tax Mail to Address PDF No. 13 Map Area E WATERLOO -C CITY OF WATERLOO Contract Buyer CITY OF WATERLOO 715 MULBERRY ST CITY OWNED ATERLOO, IA 50703-0000 Prope Address Current Recorded Transfer 910 SYCAMORE ST ATERLOO, IA 50703-0000 SALES Date amount NUTC / Type 4/10/2002 185,000 SALE TO/BY GOVERNMENT / Deed 12/30/1997 155,000 PRIOR YEAR SALES / Deed 11/1/1996 140,100 ANY SALE THAT HAS SINCE BEEN SPLIT OR COMBINED / Deed 12/15/1994 42,500 TRANSFER TO/BY DMINISTRATOR, GUARDIAN ONSERVATOR, REFEREE, RUSTEE, ETC. / Deed Date Drawn Date Filed Recorded Document Type 4/10/2002 4/16/2002 CLD 682994 D BUILDING PERMIT Date Number 6/23/2006 WA 0974 11/19/1999 Amount A HA 1527 Reason 0 Demo/Rmvl 3,200 Misc 4/1/1999 4/14/1995 32 875 Ext -Remodel A #265 11,600 Int -Remodel ASSESSED VALUES/CREDITS Year Class 2011 E 100% Value Land Dwelling 20,440 0 Building 129,690 M/E 0 Total 150,130 Acres 0 Taxable Value Land Dwelling Building, 20,440 0 129,690 M/E j0 Total, 150,130 (Year 2010 100% Class E Land alue 22,280 Dwelling 0 Building 86,150 M/E 0 Total 108,430 Acres j0 Taxable Value Land Dwelling 22,280 0 Building 86,150 M/E Total 0 108,430 Year Class 2009 E 100% Value Land Dwelling 22,280 0 Building M/E ITotal 86,150 0 108,430 Acres Io Taxable Land Value 22,280 Dwelling 0 Building 86,150 M/E Total 0 108,430 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax 941041 - WATERLOO RIVERFRONT UR TIF ;District j Corp W Gross Value Taxable Value Military Exemption Levy Rate Gross Tax $0.00 Net Tax 0 0 0 142.69322 $0.00 http://www2.co.black-hawk. ia.us/website/bhmap/bhRepDet.asp?apn=89132513 6001 1/12/2012 LAND Basis Front Rear !.Side 1 Side 2 Lot rea Acres Front Foot 150 150 190 190 0 8500 0.654 Totals: 272 Plumbing - no whse(sf) I Extras Description 8500 0.654 Black Hawk County Detailed Parcel Report Nocorp Corp 0 0 Homestead Credit $0.00 0 Disabled Veteran Property Tax Relief Credit Credit $0.00 $0.00 Nocorp $0.00 Page 2 of 2 Ag Family Farm Credit Credit $0.00 $0.00 $0.00 LEGAL ORIGINAL PLAT WATERLOO EAST LOT 2 BLK 22 LOT 3 BLK 22 LOT 6 BLK 22 NELY 10 FT LOT 7 BLK 22 COMMERCIAL BUILDINGS AND ADDITIONS Type !Description Year Built rea Stories Warehouse [BLDG 1 1911 300 22 Style Brick / Blk - Steel Additional Base Square Feet 6,300 Information'; Basement Square Feet 6,300 jGBA Square Feet 12600 Adjustment Item Quantity Sprinkler - exposed wet 18900 Heat - none 6300 Loading Dock 272 Plumbing - no whse(sf) 12600 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 10 Ft Wide, 10 Ft High I Verticals & Horizontals Description Size 0: LF Ftr & Fdtn Reinforced Concrete Exterior Wall Solid Brick - 8" 0: LF Exterior Wall Vinyl - Frame 0: LF Interior Wall Unfinished 0: LF Basement Incl. w / Base 6300: SF Roof 3 -Ply Compo/ Wood Deck 300: SF Ceiling Unfinished 300: SF/Story Struct. Floor Concrete 300: SF Framing Steel - Average 6300: SF Framing Wood - Average 0: SF HVAC Forced Hot Air 6300: SF HVAC No HVAC 0: SF Sprinkler Exposed Wet 6300: SF YARD EXTRAS Description Year Built Quantity Piot No. Extended Description Paving 1956 1 1 8,580 SF, Asphalt Parking, Avera•e Pricin• 10 LF, 10' Steel, 0 Diameter Sign Poles (Wood and Steel) 1980 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325136001 1/12/2012 7,600 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-26-432-012 PDF No. 13 Map Area WATERLOO -C CITY OF WATERLOO Contract Buyer CITY OF WATERLOO 715 MULBERRY ST CITY OWNED WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 626-628 W 9TH ST WATERLOO, IA 50702-0000 Date Drawn 12/1/2011 Date Filed Recorded Document Type 12/7/2011 2012 010489 D SALES Date 5/26/2010 Amount!NUTC / Type 11,600 NORMAL ARMS -LENGTH TRANSACTION / Deed 3/11/2010 2/5/2010 '8/31/2005 5,000 SALES WITH CONSIDERATION (SELLING PRICE) OF $10,000 OR LESS / Deed SALES WITH CONSIDERATION (SELLING PRICE) OF $10,000 OR LESS / Deed 128,000 NORMAL ARMS -LENGTH TRANSACTION / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS Year Class 2011 C 100% alue Land ,190 Dwelling 0 Building 8,430 M/E otal 0 • cres 12,620 0 Taxable Land Value ,190 Dwelling 0 Building [8,430 M/E 0 Notal 112,620 Year Class 2010 100% alue Taxable Value Land 4,570 Land Dwelling 0 Dwelling Building 79,700 Building M/E 0 Total 84,270 M/E Total 4,570 0 179,700 0 84,270 Year Class 2009 Gross Value Taxable Value C Gross Tax 100% Value Land Dwelling 0 Building 79,700 M/E [Total 0 84,270 (Acres 4,570 0 axable slue Land Dwelling Building M/E `Total 4,570 0 79,700 0 84,270 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 84,270 84,270 0 42.69322 $3,597.76 $3,598.00 http://www2.co.black-hawk. ia.us/website/bhmap/bhRepDet.asp?apn=891326432012 1/12/2012 Black Hawk County Detailed Parcel Report 1Nocorp 0 Homestead Credit 10 !Disabled Veteran Credit Page 2 of 2 0 I$0.00 Property Tax Relief 1Credit Ag Family Farm Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL DOES ADDITION SW 45 FT 4 INCHES LOT 10 BLK 11 LAND Basis Front Rear Side 1 Side 2 Lot ' rea ' cres Front Foot otals: 1176 , 5 •0 60 0 9700 0.062 700 0.062 DWELLING CHARACTERISTICS Type Style Four -Family Conversion 2 Story Brick Year Built Area 'Heat AC IAttic 1909 1176 Yes No {Floor & Stairs Total Rooms Above Total Rooms BelowBedrooms Above Bedrooms Below 12 0 CA 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Conc Carp / Vinyl Exterior Walls Interior Finish Brk I las Roof Asph / Hip Non -Base Heating Floor/Wall Pipeless Handfired Space Heaters 0 ddtions Year Built Style Area Basement (SF) No Basement (SF) Heat AC Attic 1909 1 Story Brick 108 0 0 Yes No 0 Plumbing 4 Full Bath 3 Sink Porch Style 1S Frame Open Area 204 Deck St Entry -Low Area 20 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326432012 1/12/2012 MARIA ARMSTRONG From: CHRIS WESTERN Sent: Tuesday, January 17, 2012 11:08 AM To: Cory Albers; Dan Cretors; Dave Cleary; Dave Lester; Dave Reisner; David Bloss; Dawn Chavanu; Denny Ritz; dlester@amesenvironmental.com; Ed Hubert; Galen Hiesterman; Glenn Daly; glenndaly@gdconsultinggroup.com; gregsharp@sunflower.com; Hazards removal; Jay Llewellyn; Pat Emerick; Randy Jorgenson; Ray Ratcliff; Rob Jorgenson; Roger Gibson; Roger Nielson; Shive-Hattery; Stephanie Issacs; Steve Henneberry; Terry Beaird; Tom Haas Cc: NOEL ANDERSON; RUDY JONES; MARIA ARMSTRONG Subject: Walk Thru 820 and 910 Sycamore Streets and 329-328 W. 9th All, Due to weather I am postponing today's walk thru and rescheduling it for Thursday 1:30 pm January 19, 2012. Also, as a reminder the bid due date has been changed to January 30, 2012 at 4 pm. Chris W. Western Planner II/Brownfield Coordinator City of Waterloo Office 319-291-4366 Fax 319-291-4262 1/18/2012 MARIA ARMSTRONG From: CHRIS WESTERN Sent: Tuesday, January 17, 2012 11:12 AM To: Cory Albers; Dan Cretors; Dave Cleary; Dave Lester; Dave Reisner; David Bloss; Dawn Chavanu; Denny Ritz; dlester@amesenvironmental.com; Ed Hubert; Galen Hiesterman; Glenn Daly; glenndaly@gdconsultinggroup.com; gregsharp@sunflower.com; Hazards removal; Jay Llewellyn; Pat Emerick; Randy Jorgenson; Ray Ratcliff; Rob Jorgenson; Roger Gibson; Roger Nielson; Shive-Hattery; Stephanie Issacs; Steve Henneberry; Terry Beaird; Tom Haas Cc: NOEL ANDERSON; RUDY JONES; MARIA ARMSTRONG Subject: Walk Thru 820 and 910 Sycamore Streets and 329-328 W. 9th All, Due to weather I am postponing today's walk thru and rescheduling it for Thursday 1:30 pm January 19, 2012. Also, as a reminder the bid due date has been changed to January 30, 2012 at 4 pm. Chris W. Western Planner II/Brownfield Coordinator City of Waterloo Office 319-291-4366 Fax 319-291-4262 1/18/2012 MARIA ARMSTRONG From: CHRIS WESTERN Sent: Tuesday, January 17, 2012 4:43 PM To: Gaylen Hiesterman Cc: NOEL ANDERSON; RUDY JONES; MARIA ARMSTRONG Subject: Walk Thru 820 and 910 Sycamore Streets and 329-328 W. 9th All, Due to weather I am postponing today's walk thru and rescheduling it for Thursday 1:30 pm January 19, 2012. Also, as a reminder the bid due date has been changed to January 30, 2012 at 4 pm. Chris W. Western Planner II/Brownfield Coordinator City of Waterloo Office 319-291-4366 Fax 319-291-4262 1/18/2012 CITY OF WATERLOO, IOWA Request for Proposal January 2012 ASBESTOS ABATEMENT SERVICES 820, 910 Sycamore Streets, 626-628 W. 9th Street, and 1518 W. 4th City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Addendum The City of Waterloo acquired 1518 W. 4th Street after the RFP's were mailed to the each of you for asbestos survey services. Therefore, the city is asking that bidders include 1518 W. 4th Street as an alternate; which brings the total number of properties to 4. -820 Sycamore Street - 910 Sycamore Street -626-628 W. 9th Street Alternate - 1518 W. 4th Street EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for asbestos survey services for 820 and 910 Sycamore Streets and 626-628 W. 9th Street not to exceed: $ Amount in written form, not to exceed: with Alternate 1518 W. 4th Street not to exceed: Amount in written form, not to exceed: $ Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number 1 Date January 24, 2012 Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1374011 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 01/24/2012, in the issues of 01/24/2012 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $18.71 Signed Subscribed}�and swop to before me this �( ! day of i/!,,r � , ...� / ;Pe SUE ALP, COMMISSION NO. 761076_ i I 610 ,6,.i MY 0ISSICN EXPIRES Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Proposals for ASBESTOS SURVEY SERVICES FOR 820 AND 910 SYCAMORE STREETS AND 626-628 WEST 9TH STREET Sealed Request for Proposals will be re- ceived by the City Clerk of the City of • Waterloo, Iowa, at her office in the City Hall of said City on the 30th day of Janu- ary, 2012, until 4:00 p.m., for Asbestos Survey Services for 820 and 910 Sy- camore Street and 626-628 West 9th Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Pro- posal document, plans, specifications, etc. for Asbestos Survey Services for 820 and 910 Sycamore Street and 626- 628 West 9th Street at 5:30 p.m. on Jan- uary 30, 2012, in the Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed Request for Pro- posal document, plans, specifications, etc. is on file in the office of the City Clerk for public examination. A Request for Proposal document, plans, specifica- tions, etc. may be obtained from the Planning and Zoning Office, 715 Mulber- ry Street, Waterloo, Iowa, 50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 23rd day of January, 2012. Suzy Schares City Clerk Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626 West 9th Street January 30, 2012 Bid Tab Bid Bond Required Bidder Bid Bond Bid Amount Alternate ATC Associates Inc.di0�j 223 E. 4th Street, Suite D`-/ Waterloo, Iowa 50703 / 0 '60 . 1 Hawkeye Environmental LLC 814 Wood Lily Road Solon, Iowa 52333 i� yea dim 60 (Q60, g ss,' Terracon 6612 Chancellor Drive, Suite 102 Cedar Falls, Iowa 50613 610 9-0 (,, �S o, 620 ai ) ; Cp o . CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: 3 Cruvicj 410(9- firtioAN2.?.110--gif SUBJECT: Corks Grocery -Tobacco Violation -Second, $1,500.00 Civil Penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor; this was a second violation within two years. Under Iowa law, when it is a second violation, the City is allowed to collect a civil penalty of $1,500 or suspend the cigarette permit for 30 days (permittee's choice). Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE • Ward 2 HAROLD GEi1Y Ward 3 QtJEN l IN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large SFEVE . SCHMITT At -Large CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH. JR., City Attorney • DAVID R. ZELLHOh_:s r.R, Assistant City Attorney January 23, 2012 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Re: Corks Grocery, 1956 Lafayette, Waterloo, Iowa, 50703 Dear Mayor Clark and Council Members: I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. A copy is enclosed for your records. I have also enclosed an Order form accepting this Agreement in lieu of a public hearing and concluding this matter. Please approve and sign this Order at your next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. Thank you for your assistance. Please call me if you have any questions. Sincerely, David R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RECEIVFr) JANo 5 2012 IN RE: Corks Grocery ACKNOWLEDGMENT/ 1956 Lafayette Street SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 SECOND VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand that the penalty for this second violation is a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning on the date that will be specified in the official City Order that I will receive. The above - captioned permit holder hereby waives all jurisdictional claims. In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the following penalty: $1,500.00 fine 30 -day suspension NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, as well as a check mark placed on the chosen penalty, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 MulberryStreet, Waterloo, Iowa, 50703. IN RE: CORKS GROCERY 1956 LAFAYETTE WATERLOO, IOWA, 50703 HEARING COMPLAINT SECOND VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(b) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension for a second violation of Iowa Code §453A.2(1) within two years. 3. On or about November 1, 2011, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. On December 19, 2011, the permittee was issued a sanction for a second violation of Iowa Code §453A.2. 5. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced sections of Iowa Code Chapter 453A and assess a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension against Corks Grocery. David Zellhoefer Assistant City Attorney Trial Court Search Iowa Courts Online Search Trial Court Case Details Search Results Back Print All Pages Page 1 of 1 Help Home New Search [Summary] Parties [Long Title] [Filings] Property/Lis Pendens [Criminal Charges/Disposition] Jud; Charges, Dispositions, Sentences Title: STATE vs. GOODIN, TINA LYNN Case: 01071 STA0071954 (BLACK HAWK) Citation Number: 85117 Defendant: GOODIN, TINA LYNN Count 01 Charge Charge: 453A.2(1) -C Description: 1ST OFFENSE - EMPLOYI TOBACCO TO MINOR Offense 11/01/2011 Arrest Date: Date: DPS Number: Against Type: Adjudication Charge: 453A.2(1) -C Description: 1ST OFFENSE - EMPLOYEE PROVIDING Adj.: GUILTY - Adj.Date: 11/18/2011 NEGOTIATEDNOLUN PLEA Adj.Judge: SEVCIK, JOSEPH Corn rents: Sentence Charge: 453A.2(1) -C Description: 1ST OFFENSE - p EMPLOYEE PROVIDING Sentence 11/18/2011 Sentence: FINE Date: Appeal: Sen.Judge: SEVCIK, JOSEPH Facility Type: Attorney: N https://www.iowacourts.state.ia.us/ESAWebApp/TlndexFrm 12/14/2011 PAY TO THE ORDER OF CORK'S GROCERY 1956 LAFAYETTE PH. 233-8785 WATERLOO, IA 50703 a -77 e" -P FOR COMMUNITY \ BANK NAL www.CNBl.com DATE fitzi / cc) PO 0055n' 1:0739 2 25971: L33380n' 30055 72-2259/739 01 $ ,,qq s.cmin DOLLARS u C/ Clerk/Finance+@c\Waterloo r Waterloo, r mai 1/05/2012a@! pt ==#:p Received\\ 09 Received m= mmqBRflCE/ POLICE TOBACCO 01011 1165 35 CORK'S GROCERY% 'm Recei Total Amount Tendered ; 1,500.03 a#%\3 m '' .00 Payment Received: Check : 1,509.00 BEFORE THE WATERLOO CITY COUNCIL IN RE: CORKS GROCERY ORDER ACCEPTING 1956 LAFAYETTE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—SECOND VIOLATION On this day of —54-kAt , 2012, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00). Be advised that this sanction will count as a Second Violation of Iowa Code §453A.2, pursuant to Iowa Code §453A.22(2). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ATTEST: Suzy Schares, (ity Clerk est G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/30/12 Prepared: 1/24/12 Dept. Head Signature: # of Attachments:_ SUBJECT: Tub Grinder Rental/Purchase Agreement Submitted by: Larry N. Smith, Superintendent Recommended City Council Action: Resolution approving recommendation of award of Rental/Purchase Agreement for one used Vemeer tub grinder in the amount of $175,000. with an agreement of 6 month rental at $20,000, with the purchase price after 6 months of $55,000; to be signed by Mayor and City Clerk. Summary Statement: Expenditure Required: Source of Funds: Monies used to pay contractor for grinding Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 5 (REVISED) - $169,889.60 INCREASE F.Y. 2010 STREET RECONSTRUCTION PROGRAM ASPRO, INC. CONTRACT NO. 772 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: Correction in documents due to a change in the final contract amount. Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 5 in the amount of $169,889.60. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2012 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: SUBSTANTIAL COMPLETION FOR 2011 PUBLIC MARKET INTERIOR DEVELOPMENT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council approve and authorize the Mayor to sign Certificate of Substantial Completion for Failor Hurley Construction Corporation of Hudson, Iowa for the 2011 PUBLIC MARKET INTERIOR DEVELOPMENT at 327 W 3RD Street, Waterloo IA. Summary Statement: Original Contract $212,000.00 Approved & Signed July 18, 2011 Change Order No. 1 $ 6,039.00 Approved September 19, 2011 Change Order No. 2 $ 2,427.00 Approved November 21, 2011 Change Order No. 3 $ -2,220.00 Approved November 21, 2011 Total $218,246.00 Expenditure Required: None Source of Funds: Policy Issue: N/A Alternative: N/A Background Information: Original Contract signed July 18, 2011. Project completed as part of CAT Grant for Waterloo Downtown Area. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, to 50703 • (319) 291-4327 Fax (318)(X 291-4286 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHO1 bR, Assistant City Attorney February 6, 2012 COpy Ms. Connie Larson Attorney General's Office Hoover State Office Building, 2°d Floor Des Moines, IA 50319 Re: Civil Tobacco Penalties Dear Ms. Larson: Enclosed is a copy of the Acknowledgement/Settlement Agreement for a Second Violation concerning Corks Grocery, along with a copy of the Order Accepting the Acknowledgement/Settlement Agreement dated January 30, 2012. Very truly yours, Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwaterlooiowa.corn WE'RE WORKING FOR YOU! Ali Ettukii 014X11 ,InItyiAill native f1[:tk i Eifip!vy 0i RECEIVE!] JAN© 5 2012 IN RE: Corks Grocery ACKNOWLEDGMENT/ 1956 Lafayette Street SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 SECOND VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand that the penalty for this second violation is a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning on the date that will be specified in the official City Order that I will receive. The above - captioned permit holder hereby waives all jurisdictional claims. Kt° Date: / f - In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the following penalty: t,elltLl l.)'�. $1,500.00 fine 30 -day suspension NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, as well as a check mark placed on the chosen penalty, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. BEFORE THE WATERLOO CITY COUNCIL IN RE: CORKS GROCERY ORDER ACCEPTING 1956 LAFAYETTE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—SECOND VIOLATION On this day of —5(1-0-I , 2012, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00). Be advised that this sanction will count as a Second Violation of Iowa Code §453A.2, pursuant to Iowa Code §453A.22(2). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ATTEST: Suzy Schares, ity Clerk est G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUEN 1'IN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (318) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R. ZELLHOEFER, Assistant City Attorney January 23, 2012 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Re: Corks Grocery, 1956 Lafayette, Waterloo, Iowa, 50703 Dear Mayor Clark and Council Members: I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. A copy is enclosed for your records. I have also enclosed an Order form accepting this Agreement in lieu of a public hearing and concluding this matter. Please approve and sign this Order at your next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. Thank you for your assistance. Please call me if you have any questions. Sincerely, David R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE: www.cityofwaterlooiowa.com. WE'RE WORKING FOR YOU! An Eoual Ocportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: 3 (Mc! °r ?2-t- ted SUBJECT: Corks Grocery -Tobacco Violation -Second, $1,500.00 Civil Penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor; this was a second violation within two years. Under Iowa law, when it is a second violation, the City is allowed to collect a civil penalty of $1,500 or suspend the cigarette permit for 30 days (permittee's choice). Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: IN RE: CORKS GROCERY COMPLAINT 1956 LAFAYETTE HEARING WATERLOO, IOWA, 50703 SECOND VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2 Iowa Code §453A.22(2)(b) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension for a second violation of Iowa Code §453A.2(1) within two years. 3 On or about November 1, 2011, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. On December 19, 2011, the permittee was issued a sanction for a second violation of Iowa Code §453A.2. 5 Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced sections of Iowa Code Chapter 453A and assess a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension against Corks Grocery. David Zellhoefer Assistant City Attorney Trial Court Search Page 1 of 1 Iowa Courts Online Search Trial Court Case Details [Summary] Parties [Long Title] [Filings] Property/Lis Pendens [Criminal Charges/Disposition] Search Results Back Print All Pages j Help Home New Search Charges, Dispositions, Sentences Title: STATE vs. GOODIN, TINA LYNN Case: 01071 STA0071954 (BLACK HAWK) Citation Number: 85117 Defendant: GOODIN, TINA LYNN Count 01 Charge Description: 1ST OFFENSE - EMPLOYI Charge: 453A.2(1)-CTOBACCO TO MINOR Offense Arrest Against Type: Date: 11/01/2011 Date: DPS Number: Adjudication Charge: Adj.: 453A.2(1) -C 1 Description: ST OFFENSE - EMPLOYEE PROVIDING GUILTY - Adj.Date: 11/18/2011 NEGOTIATEDNOLUN PLEA Adj.Judge: SEVCIK, JOSEPH Comments: Sentence Description: IST OFFENSE - Charge: 453A.2(1)-CEMPLOYEE PROVIDING Sentence Date: Appeal: Facility Type: 11/18/2011 https://www.iowacourts.state.ia.us/ESAWebAppiTIndexFrm Sentence: FINE Sen.Judge: SEVCIK, JOSEPH Attorney: N 12/14/2011 PAY TO THE ORDER OF CORK'S GROCERY 1956 LAFAYETTE PH. 233-6785 WATERLOO, IA 50703 DATE b0)).j 1-2,,urn 30055 72-2259/739 01 C'f9r'1?1571/7- I $ C%s). ,00 DOLLARS COMMUNITY BANK AL www.CNI31.com DOM. on Boo, 00 CI 5 SP 1:073922597i: L33380111 City Clerk/Finance Office City of Waterloo 715 Mulberry St Waterloos IA 50703 1!05/2012 Receipt Number: 201205105 11:04:07 Received By . : CTYOS Received From: CORK'S GROCERY POLICE TOBACCO FINES 1,500.00 010 11 1165 355 CORK'S GROCERY Receipt Total . : 1,500.00 Amount Tendered : 1,500.00 Change . . . . .00 Payment Received: Check : 1,500.00 CITY OF WATERLOO Council Communication City Council Meeting: 1/30/12 Prepared: 1/25/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Waterloo Convention and Visitors Bureau Event/Capital Project Grant Application. The application will be for $18,000 to be used for the purchase of wrestling mats, with 50% required match. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Chris Dolan, Young Arena Manager Recommended City Council Action: Pass said Resolution. Summary Statement: This will allow the purchase of wrestling mats to be used for ongoing wrestling tournaments at Young Arena. Expenditure Required: 50% of award amount. Source of Funds: Young Arena CIP programmed funds from General Obligation Bonds. Policy Issue: NA Alternative: Continue to rent mats as available. Background Information: Young Arena is becoming a significant wrestling venue in the Cedar Valley. Tournaments bring in out of town visitors and enhance concessions revenues at the arena. Purchase of new light weight wrestling mats will allow for easier and quicker set up for the increasing number of wrestling events. Waterloo Hotel -Motel Tax Grant application, FY 2013 Waterloo Hotel -Motel Tax Grant Application, FY2013 Event & Capital Projects Entire application MUST be typed and every question must be answered fully This application is for funding of the following type of project (please check one): x Capital Project Visitor Event Community Event Visitor Events: Events that draw greater than 50% of attendance from outside Black Hawk County. Community Events: Events that draw less than 50% of attendance from outside Black Hawk County. Total Request: $ 18,000 Total Project Cost $_36,000 Contact Information Name of organization _Waterloo Leisure Services, Young Arena Check payable to (if different than above) EIN Number _42-6005327 Name & Date of project/event July 1,2012 -December 1, 2012 Contact person —Chris Dolan, ARENA MANAGER Address _125 Commercial Street City _Waterloo State Iowa Zip 50701_ Phone number _319-291-4335 Emailchris.dolan@waterloo-ia.org Organization web address —www.waterlooleisureservices.org/ya 1. Organizational/Background Information a. What is the mission of your organization? The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage life long learning, fitness and fun. The Commission strives to provide an urban forest resource. enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails and a healthy b. How does your organization benefit the community? Young Arena benefits the Cedar Valley through its numerous recreational based activities, tournaments, camps and special events. c. How long has your organization been in existence? Young Arena was opened in December 1994 d. How many staff members and/or volunteers are involved with the organization? 3 Full -Time, 65 Seasonal Part -Time e. Is a member of the Waterloo City Council on your Board of Directors? If yes, please list. Car Harold Getty olyn Cole & 5 Waterloo Hotel -Motel Tax Grant application, FY 2013 f. How does your organization market outside of Black Hawk County? Our website, Facebook, Twitter & the help of the Waterloo Convention and Visitors or Cedar Valley Sports Commission g. Has your organization/business received hotel -motel tax grants previously? If so, please provide a list of projects. $10,000 Hotel/Motel Grant- Event Ice Cover Replacement Project (Nov 2009) h. Have hotel -motel tax grants been received for this project previously? If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. no i. Please attach Proof of Liability Insurance, Board/Management information, IRS Documentation. See Attached 2. In what manner have you effectively supported or participated with the Waterloo CVB in the last 12 months? Examples include tradeshows, co-op marketing, event bids, etc. AAU Iowa Super Pee -Wee State Wrestling Championships (March 2011) • USA Wrestling Tournament (May 2011) • Battle of Waterloo Wrestling Tournament (December 2011) • Arch Allies Concert (May 2011) • World Ventures Trade Show (June 2011) • VGM GALA (June 2011) ' Waterloo Black Hawks Hockey -Regular Season and Try -Out Camp • Waterloo Warriors Hockey -Regular Season 3. Project/Event information a. Please describe the project and specify the goals for the project. Young Arena is host venue for several large wrestling tournaments. The arena floor can accommodate (8) 42x40 wrestling mats for the types of events. The arena does not own its own wrestling mats and relies on the hosts of the tournament or other outside agencies to bring mats in for these events. Our goal is to purchase (4) lightweight competition wrestling mats this year as Phase 1 of our goal to become more full service to these types of events. b. Please describe the mechanism for measuring the success of the project goals. A successful end to this project would be the purchasing and use of the (8) lightweight competition wrestling mats for Young Arena. Keeping our current events with the hopes of drawing in new events would make this project a success. c. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism -related? N/A 6 $36,000, Waterloo Hotel -Motel Tax Grant application, FY 2013 d. For capital projects only: Please describe how this ties into your organization's mission, and how the project is tourism -related. How will this project allow you to draw additional people to Waterloo? The new wrestling mats insures the events currently hosted will continue to chose Young Arena as their venue. This project will produce a positive and lasting effect on the Cedar Valley's ability to host Targe wrestling tournaments anywhere due to the mobility and Tight weight of the mats. 4. Is this a new project or idea? If yes, please explain how this proposal explores a new idea, new direction is innovative or is a new project? This purchase of new 42 x 40 lightweight competition wrestling mats enables the Young Arena Staff a quicker, less labor intensive set-up and tear down as well as providing those participating in the event a new/safe wrestling surface. This also eliminates the need for those who chose Young Arena for their event to have to look for wrestling mats to rent and haul to our facility. Grant money received would go towards the purchase of this much-needed equipment for Young Arena to continue to host large wrestling tournaments in the Cedar Valley. 5. How does this event bring people to Waterloo from outside Black Hawk County? The wrestling events currently held at Young Arena draw participants from across the State of Iowa and Midwest. They have been well received by the community and proven over the last 10 years to be very profitable for the downtown and Cedar Valley. 6. What are expectations for attendance? a. How many people do you expect from outside of Black Hawk County? See attached b. Please describe the specific mechanism for tracking attendance. Attendance is tracked by the hosts of the tournaments, the arena staff calls local hotels after the events to track hotel usage. 7. What are your expectations for hotel room use in Waterloo? 500-1500 rooms 8. Please describe your marketing efforts. a. What specific marketing will you be doing outside of Black Hawk County? None, this is done by the hosts of the tournaments, the Waterloo Convention and Visitors or Cedar Valley Sports Commission 9. How does this project have a positive and lasting impact on Waterloo? The new wrestling mats help keep Young Arena on the cutting edge of event hosting. Which helps keep events that are currently hosted with the hopes that other events will chose Young Arena as their venue. This project will produce a positive and lasting effect on the Cedar Valley's ability to host large wrestling tournaments anywhere due to the mobility and light weight of the mats. 10. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. a. Total Income: N/A b. Total Expense: $36,000 c. Net Profit (Loss) for the event: N/A Requests CVB Grant City of Waterloo Bonds $18,000 $18,000 !Total 1 7 Waterloo Hotel -Motel Tax Grant application, FY 2013 d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and does this grant have a profound impact on your ability to host this event? The grant funds will be used to purchase (4) 42x40 lightweight competition wrestling mats for Young Arena. The arena having its own mats reduces the need for tournament directors to have to find their own wrestling mats, thus making Young Arena a more valuable host site for those looking to bring wrestling events into the Cedar Valley. e. How will profit (if applicable) be used by the project/organization/business? N/A Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? The purchase of these wrestling mats will be available for use in conjunction with activities, programs or tournaments at the Cedar Valley Sports Plex. Acknowledgment and Signature I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel -Motel Tax Grant funds are reimbursement funds for project funding already spent, and are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn. My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non -fundable or not stated rein. Signature titApplicant 1-25-2012 Date 8 se o ,ata aateliaiff Young Arena Direct Spending Impact July 1,2010 -June 30,2011 Total Games Total Attendance Percentage of out of county attendees (34%) 520 Hotel Room Nights x $129 [visiting teams, parents, scouts] 29,238 out of count attendees x $52 .er da Black Hawks Estimated Direct Spending Total Participants Out-of-town Participants 100 Hotel Room Nights x $129 Try -Out Camps Estimated Direct Spending 31 85,996 29,238 $ 67,080 $ 1,520,376 $ 1,587,456 100 100 $ 12,900 $ 12,900 Total Games [Tune up camp, Battle of Waterloo, Tournaments, Friendship games] (Teams bring approximately 17 players] 821 Hotel Room Nights x $129 1110 Out of County day-triparties x $52 per da Jr. Hawk Total Estimated Direct Spending 165 $ 105,909 $ 57,720 $ 163,629 tat tb 1hitsNa re'n1b�w . 2Q fQ �Vla 20 1f Total Games Total Attendance Overnight Stays by opponents Out -Of -County, non -overnight opponents 56 Hotel Room Nights x$129 [15 rooms per overnight team] 280 day -trip parties x $52 .er day [Avg. Visiting Fan Attendance Per Game 20] Warriors Estimated Direct Spending 17 3,263 3 14 $ 7,224 $ 14,560 21,784 Battle of Waterloo High School Wresting (December 17-18'2010) Total Participants Out of County Participants Total Fan Attendance 150 Hotel Room Nights x $129 (12 teams x 10 rooms each + misc.) 650 da tri..arties x $52 .er da x 2 da s Battle of Waterloo High School Wresting AAU District Super PeeWee Wresting(March 4-6'2011) Total Participants Out of County Participants 500 Hotel Room Nights x $129 200 day trip parties x $52 per day AAU Wrestling Estimated Direct Spending USA Wrestling (May 13-14 2011) Total Participants Out of County Participants 200 Hotel Room Nights x $129 200 da tri..arties x $52 .er da USA Wrestling Estimated Direct Spending Total Young Arena Event Hotel Room Nights x $129 Im.act of Hotel Room Ni. hts Total Young Arena Out of County Day Trips x $52 Im.act of Da Tris Youn. Arena Total Estimated Direct S.endin. Im.act 'Young Arena hotel room nights generated over $20,000 in hotel/motel tax revenue. *The $129 per night & $52 per day numbers are figures endorsed and used by the Waterloo Convention and Visitors Bureau for every event in the Cedar Valley. *A survey complied by the State of Iowa showed that the typical leisure travelers s. end $185-$220 a da 800 650 7,800 19,350 67,600 $ 86,950 $ 700 600 $ 64,500 $ 10,400 $ 74,900 400 400 $ 25,800 $ 1,300 $ 27,100 2,347 302,763 31,778 $ 1,671,956 $ 1,974,719 CITY OF WATERLOO Council Communication City Council Meeting: 1/30/12 Prepared: 1/25/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Waterloo Convention and Visitors Bureau Event/Capital Project Grant Application. The application will be for $18,000 to be used for the purchase of wrestling mats, with 50% required match. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Chris Dolan, Young Arena Manager Recommended City Council Action: Pass said Resolution. Summary Statement: This will allow the purchase of wrestling mats to be used for ongoing wrestling tournaments at Young Arena. Expenditure Required: 50% of award amount. Source of Funds: Young Arena CIP programmed funds from General Obligation Bonds. Policy Issue: NA Alternative: Continue to rent mats as available. Background Information: Young Arena is becoming a significant wrestling venue in the Cedar Valley. Tournaments bring in out of town visitors and enhance concessions revenues at the arena. Purchase of new light weight wrestling mats will allow for easier and quicker set up for the increasing number of wrestling events. January 25, 2012 Mayor Buck Clark City Council Members City Hall Waterloo, Iowa Mayor and Council Members, This is to request that the Council adopt a resolution authorizing the Leisure Services Department to submit a grant application for the amount of $18,000 from the Waterloo Convention and Visitors Bureau's Hotel/Motel Tax Grant program for funding towards the purchase & delivery of a Phase 1 Wrestling Mat Purchase for Young Arena. The grant requires a city match. Please contact me with any questions. Thank you for your consideration of this request. Sincerely Chris Dolan Young Arena Manager WATERLOO LEISURE SERVICES 2011 COMMISSION MEMBERS Sheryl Annette 1400 Maxhelen Blvd. #1114 Waterloo IA 50701 296-7114 (home) 319-830-7404 (cell) 2�'� term expires 3/1/12 Aundra Meeks 827 Western Waterloo IA 50702 232-1422 (work) 234-5626 (home) 2nd term expires 3/1112 Robert Frost, Mice,Sdiairmart 4740 Clover Lane Waterloo IA 50701 296-2320 (work) X234-6701 (home) term expires 2/28/13 Kevin Evans, .Chair-, 836 Lynkaylee Waterloo IA 50701 277-5008 (work) 234-1021 (home) 215-6215 (cell) 1st term;expires 2/28113 I-Cevin&Ig vin m ►�� r^.,, 1/25/2012 Sharon Samec, Sacjatary 806 Wisner Drive Waterloo IA 50702 231-2696 (work) 232-6291 (home) 2ndterm expires 3/1/14 asawasamnraLcam Michael Allen 411 Candlewick Rd Waterloo IA 50701 319-404-0417 (cell) Sc term expires 3/1/14 n m Julie Koch-Hoth 3505 Kingswood Place Waterloo IA 50701 236-3858 (work) 234-0910 (home) 269-0504 (cell) term expires 3/1/14 PUBLIC ENTITY GENERAL LIABILITY PROTECTION COVERAGE SUMMARY This Coverage Summary shows the limits of coverage that apply to your Public Entity General Liability Protection. It also lists those endorsements, if any, that must have certain information shown for them to apply. Limits Of Coverage General total limit. $ 2,000,000 Products and completed work total limit $ 2,000,000 Personal injury each person limit $ 1,000,000 Advertising injury each person limit $ 1,000,000 Each event limit $ 1,000,000 Failure to supply limit. $ 0 Me ,'ica/ expenses limit. $ 0 Premises damage limit. $ 100,000 Sewer back—up limit. $ 1,000,000 Named Endorsement Table T Fact Important Note: Only endorsements that must have certain information shown for them to apply are named in this table. The required information follows the name of each such endorsement. Other endorsements may apply too. If so, they're listed on the Policy Forms List. Liquor Liability Exclusion Endorsement -With an Exception for Described Activities Described Activities: Liquor served at municipal golf course PSS Described Person Or Organization Endt - Addl Protected Persons Described Person or Organization National Cattle Congress P.O. Box 298 Waterloo, IA 50704 Re: Lease of Barn No. 10 Described Person or Organization Silos & Smokestacks National Heritage Area Attn: Donald Short P.O. Box 2845_ Waterloo IA 50704 as respects their interest in the Cultural Arts Commission - SSNHA Grant Name of Insured Policy Number GP06301409 Effective Date 07/01/04 CITY OF WATERLOO, IOWA Processing Date 07/21/04 15:55 001 J 1 1 C. A rne,crnna Rllmmary Ula i -GRUB F-3.816 STATE OF IOWA SALES TAX EXEMPTION CERTIFICATE (see reverse side for Instructions) lis document Is to be completed by a purchaser whenever claiming exemption from sales/use tax. 'urenaser .ZT'Y OF WATERLOO drlress '15 MULBERRY ST :Ily IAT'ERLOO State IOWA Zlp Coda 50703 General Nature of Business )PERATING CITY SERVICES urchaser Is doing business as a: Retailer (sales tax permit ft Wholesaler Manufacturer ❑ Farmer ❑ Lessor /rW.Aw. Ner)%1 Pryrrr Seller Name Address City Slate Zlp Cada Purchaser Is claiming exemption for the following reason: ) ❑ Resale ❑ Leasing ❑ Processing ❑ Qualifying Farm Machinery/Equipment ❑ Qualifying Industrial Machinery/Equipment ❑ Qualifying Replacement Parts . ❑ Qualifying Computer <Other government use Private Nonprofit Educational Institution I Governmental Agency (Including public schools) I Qualifying Residential Care Facility 1 Non -Profit Museum 7 Other Description of Purchase (attach additional Information 11 necessary) ITEMS' (NECESSARY FOR OPERATION OP CITY SERVICES J (fir ally of o Jury, I swear ih ill' — ) rmallon on this form Is true and correct. DEPUTY FINANCE al{inalure of P baser Title MANAGER 12/21/99 Oats Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Development Agreement for Dolly James LLC for the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6.0 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving Development Agreement Summary Statement: As you may recall, the City of Waterloo acquired property from 2002 to 2005 stretching from the railroad tracks east of the UNICUE building to East 8th Street, using a variety of funds including Brownfield grant funds, for the purpose of Riverfront housing at some point in the future. The attached Development Agreement would convey that land and vacated East 7th Street for that very purpose. Dolly James LLC will construct six multi -story condominium buildings on the site, with a 3 -phased plan for redevelopment. The City will demolish the former industrial building and former Flaherty's Lounge on the site. As the site is located in the Downtown Waterloo Tax Increment Finance District, the Development Agreement also includes the rebating of taxes for a period of 10 years at 100%. The new minimum value in added taxable value to the site will be $6.0 million. Each building will be constructed as a 12 -unit condominium, bringing additional residential opportunities to Downtown Waterloo. Expenditure Required: Demolition of structures estimated at $200,000 Source of Funds: downtown bonds and TIF cash Policy Issue: Economic Development within the City of Waterloo. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: NA Background Information: The Downtown Master Plan prioritizes the need for additional residential opportunities in and near Downtown Waterloo to help fuel the other retail, restaurant, entertainment, etc. opportunities. This site was acquired for thus type of development and is in close proximity to the new residential homes built by David Deeds and John Rooff in the nearby Cedar River Neighborhood. With the City of Waterloo owning further parcels in this area for development, the use of Neighborhood Stabilization Funds for further infill development of housing to this area, this is a great concentration of new housing in this area that had not, until recently, seen new housing for about 80 years prior. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. Sycamore Street Condominiums Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2012 by and between Dolly James, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Brent Dahlstrom and James Sulentic are principals of Company and execute the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located on the south side of Sycamore Street, between the 'railroad tracks and East 8th 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, or cause it to be conveyed, to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City DEVELOPMENT AGREEMENT Page 2 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 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. Improvements by Company. Company shall construct on the Property six (6) multi-story condominium buildings of not less than 14,400 square feet (4,800 square feet per floor), as depicted on Exhibit "B", and related improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of approximately $6,000,000, divisible into three phases of approximately $2,000,000 each, generally described as follows: Phase I: Buildings 1 and 2 Lots 1, 4, 5, 8, and 9 in Block 1, & E. 7th Street Phase II: Buildings 3 and 4 Lots 2, 3, 6, 7 and 10, in Block 22 Phase III: Buildings 5 and 6 Lots 1, 4, 5, 8 and 9, in Block 22 The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". The parties acknowledge that Company may choose to submit the Property to a condominium regime upon completion of a given phase of the Improvements, and that such condominium units may thereafter be sold. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain a building permit and begin construction on Phase 1 within nine (9) months, Phase 11 within twenty-one (21) months, and Phase 111 within thirty-three (33) months. Construction of each phase shall be completed within twelve (12) months of its commencement, and all phases shall be completed within forty-five (45) months of the date of conveyance. If Company has not, in good faith, begun the construction of any phase of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of DEVELOPMENT AGREEMENT Page 3 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, 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 any phase or of the entire 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. 4. Platting and Release. Company may, in consultation with City, plat the Property if reasonably necessary for purposes of the Project. As nearly as reasonably possible, the area platted for each phase shall correspond with the description of the phase area stated in Section 2 above, or shall be comprised of a roughly equivalent area as measured in square feet. In connection with any sale by Company of that part of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 5. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed. 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 Section 4, 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 DEVELOPMENT AGREEMENT Page 4 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 5 shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. 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. 7. Bonds. Until completion of the Improvements, Company agrees that, to ensure complete performance of the Project, it shall obtain and keep in force one or more bonds in the amount of not less than $2,000,000, for each phase of Improvements that has not been substantially completed. Certificates or copies of said bonds shall be delivered to City before City conveys Property title to Company. Company will not do or omit the doing of any act which would vitiate any bond. 8. 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. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $6,000,000.00 in the aggregate, or $2,000,000.00 for each separate phase of Improvements (in either case, as applicable, the "Minimum Actual Value"), through: (i) either; willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "C" at the closing. The parties agree to cooperate with any reasonable request by the other party or by the Black Hawk County Assessor to modify such agreement and this Agreement in order to divide the Minimum DEVELOPMENT AGREEMENT Page 5 Actual Value among condominium units that may be established upon completion of a given phase of Improvements. 10. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 9, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One 100% rebate Year Two 100% rebate Year Three 100% rebate Year Four 100% rebate Year Five 100% rebate Year Six 100% rebate Year Seven 100% rebate Year Eight 100% rebate Year Nine 100% rebate Year Ten 100% rebate for any taxable value over the January 1, 2011 value of $90,110. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. Rebates may be paid on a phase -by -phase basis if Company plats the Property in a manner corresponding with each phase of Improvements. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of (a) all phases of the Improvements if the Property is not platted into separate phase parcels or (b) the Improvements relating to a given phase parcel if the property is platted into separate phase parcels, and in any event not based on a prior year for which the assessment is based solely upon (x) the value of the Property or a phase parcel or upon (y) the value of the Property or a phase parcel and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. City agrees to cooperate with any reasonable request from Company to amend this Agreement so that the rebate incentives provided by this Agreement are, without diminution, divided among and preserved for the benefit of the condominium units that may be established after completion of a given phase of the Improvements. DEVELOPMENT AGREEMENT Page 6 11. 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. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13. 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. City agrees to cooperate with any reasonable request from Company to execute a written assignment of this Agreement to any future owner of any separate parcel of the Property that result from the creation of a condominium regime and to execute one or more amendments to this Agreement and the Minimum Assessment Agreement to ensure that such future owners are entitled to receive the full benefits contemplated by this Agreement. 14. 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, DEVELOPMENT AGREEMENT Page 7 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. 15. 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 Dolly Jaynes, LLC, 3538 Augusta Circle, Waterloo, IA, 50701, Attention: Brent Dahlstrom, with a copy to Eric W. Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 16. 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. 17. 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. 18. 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 DEVELOPMENT AGREEMENT Page 8 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. 19. 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. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. 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. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. 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 DOLLY JAMES, LLC By: By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager Attest: By:` - J., mes Sulentic, Manager Suzy Schares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors DEVELOPMENT AGREEMENT Page 9 and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. rent tDahlstrom es Sulentic EXHIBIT "A" Legal Description of Property Those portions of Lots 1, 4, 5, 8 and 9, in Block 1, and Lots 1 through 10, in Block 22, Original Plat on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, bounded as follows: (a) On the northwest, by right of way of the Union Pacific Railroad, (b) on the northeast, by the southwesterly right of way line of Sycamore Street, (c) on the southeast, by the northwesterly right of way line of E. 8m Street, and (d) on the southwest, by the toe of the Cedar River flood control levee. Note: Legal description for purposes of conveyance will be determined at a later date. EXHIBIT "B" Homes Styles and Sizes See building plans and sketches attached hereto. EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), DOLLY JAMES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $6,000,000.00 in the aggregate, or $2,000,000.00 for each separate phase of Improvements (in either case, as applicable, the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the following dates: Phase I December 31, 2013 Phase II Phase III December 31, 2014 December 31, 2015 The parties also acknowledge that Company may choose to submit the Property to a condominium regime after completion of a given phase of the Improvements and that future owners of the Property as so divided are intended to be the beneficiaries of this Agreement and a related Development Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035, unless the Property is platted into separate tax parcels corresponding with each separate phase of improvements, in which case the Minimum Actual Value herein established with respect to a given phase parcel shall be of no further force and effect, and with respect to such phase parcel this Agreement shall terminate, on December 31 of the year that is twenty (20) years after the effective date of that property's Minimum Actual Value (the "Termination Date"). Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall) the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2036 for the Property as a whole, or, as applicable, January 1 immediately following the Termination Date for a phase parcel. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. The City agrees to cooperate with any reasonable request by Company to execute a written assignment of this Agreement to future owners of condominium units on the Property and to execute one or more amendments to this Agreement to divide the Minimum Actual Value among such units and to ensure that such future owners receive the benefits contemplated by this Agreement and a related Development Agreement between the parties. CITY OF WATERLOO, IOWA By: By: Ernest G. Clark, Mayor Suzy Schares, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK On this day of , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, 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 acknowledgetd�emd instrument to ocbe the free act and deed of said municipal corporation by it andby ) ss. DOLLY JAMES, LLC By: Brent Dahlstr: m, Manager 4 By: mes Sulentic, Manager Notary Public STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me ons ,nie yl , aaiz , 2012 by Brent Dahlstrom and James Sulentic as Managers of Dolly James, LLC. (IAA) J-; 7)16k9 BARBARA J. MOSTEK COMMISSION NO. 720408 MY COMMISSION EXPIRES January 15, 2015 Notary Public CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than Six Million Dollars ($6,000,000) in the aggregate, or Two Million Dollars ($2,000,000) for each separate phase of the development, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2012 by , Assessor for Black Hawk County, Iowa. Notary Public CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 25, 2012 Dept. Head Signature: Mayor Buck Clark # of Attachments: SUBJECT: Metropolitan Coalition Agreement Submitted by: Mayor Buck Clark Recommended City Council Action: Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities to enhance communication and to advance common interests in legislative matters; and authorize Mayor and City Clerk to execute said document. Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Metropolitan Coalition was formed to unite the larger cities to work together in promoting the enactment of legislation beneficial to cities and opposing legislation harmful to cities. CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 25, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 5 -- $34,615.00 INCREASE F.Y. 2010 CEDAR RIVER WATER'1'RAIL CONTRACT NO. 734 Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute and return to our office for further processing. Summary Statement The existing wall and trail adjacent to the 7`'' Street Pump Station which was shown in the plans to leave in place was determined to be unsafe, and in need of removal and replacement. This change order includes the removal of the existing wall, construction of new wall, and construction of new trail on this section of the portage. Expenditure Required $34,615.00 Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 25, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 Contract No. 811 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Correction of documents due to a change in an assessment amount. Ms. Evelyn Jordan at 840 Newton Street. PIN 8913-14-352-019 Control # 8110477 Cert # 0012641 Old Assessment $383.85 New Assessment $188.51 Assessment price is sidewalk area replaced (square feet) multiplied by the assessment price (contractor's bid plus Engineering Incidentals cost) ($ per square foot). Summary Statement I report that B & B BUILDERS AND SUPPLY, of Waterloo, Iowa, has completed the F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1, CONTRACT NO. 811 in accordance with the plans and specifications. The total cost of the contract was $130,424.23. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: Cc: B & B Builders and Supply Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 1 (REVISED) -- $175,219.38 DECREASE F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 B & B BUILDERS AND SUPPLY CONTRACT NO. 811 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Correction of documents due to a change in an assessment amount. Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 1 (Revised) in the decrease amount of $175,219.38. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2010 STREET RECONSTRUCTION PROGRAM CONTRACT 772 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Correction of documents due to change in final contract amount. Summary Statement I report that ASPRO, INC., of Waterloo, Iowa, has completed the F.Y. 2010 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 772 in accordance with the plans and specifications. The total cost of the contract was $5,603,560.63. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2) years. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Aspro, Inc. Rudy Jones, Community Development Director Pauline Closson, Engineering Department Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Real Estate Sale Contract between the City of Waterloo, and Iowa Community Credit Union, f/k/a Watel Credit Union for the acquisition of 320 West 2nd Street in the amount of $814,060, with up to $60,000 in city environmental, temporary location, and closing costs, and authorizing the Mayor and City Clerk to sign and fully execute any necessary documents Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Authorization of the acquisition of land as described in the amount of $814,060 plus up to $60,000 in environmental, temporary location, and city closing costs. Summary Statement: As you may recall, staff has been working on the acquisition of land in Downtown Waterloo for redevelopment opportunities. Recently, the City has acquired other properties in this area, and has been in recent conversations with the owners of 320 West 2nd Street: for potential acquisition. The owners have agreed to sell for the amount ($814,060) that is 130% of the appraised value. This percentage amount is referenced in the State Code of Iowa for such acquisitions and relocation costs. The additional funding in the amount of $60,000 would pay for environmental testing of the site, the costs of bring a temporary trailer to the new site (218 West Mullan- Happy Chef). The contract also allows the applicant for salvage rights to the building, as it is planned for demolition. This item is linked to other items on the agenda, which would convey the former Happy Chef to Iowa Community Credit Union for a new banking facility. Staff would note that this site is identified in the Downtown Master Plan as a redevelopment area. The property was flooded in the 2008 event. This will continue the City of Waterloo's efforts towards the arrangement of sites for redevelopment opportunities in Downtown Waterloo. The City continues to work with other property owners in this area, and has previously purchased sites in the nearby vicinity, for the Sportsplex project. The acquisition costs would come out of Downtown TIF funds designated for such use. Expenditure Required: $814,060 plus up to $60,000 in environmental and closing costs Source of Funds: Bond funds, with available grant funds (BCRLF or assessment) for environmental portion CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development and Redevelopment of Brownfield sites within the City of Waterloo. Alternative: Not acquire Background Information: The City continues to work to acquire flood -damaged sites and dilapidated sites in and near Downtown Waterloo for redevelopment opportunities for new businesses. REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Iowa Community Credit Union, f/k/a Watel Credit Union ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 320 W. 2nd Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-26-207-005, -003, - 004, and -012; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $814,060.00, of which $100.00 is on deposit with the law firm of Clark Butler Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within thirty (30) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction or waiver of any conditions set forth in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Seller shall have the right and opportunity to remove any and all fixtures from the Property for a period of thirty (30) days following possession and closing (the "Salvage Period"). Any fixtures not removed within the Salvage Period shall remain with the Property and shall become the sole property of Buyer, to be used, discarded, or demolished as Buyer sees fit in the exercise of its sole discretion. Seller or any other person undertaking salvage activities hereunder shall keep the premises closed and secure at all times against entry by unauthorized persons. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from the Black Hawk County Abstract & Title an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. 2 B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. N/A. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. 3 A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Iowa Community Credit Union 320 W. 2nd Street Waterloo, IA 50701 Attn: Mark Heth Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the development objectives contemplated by Buyer. 4 B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Relocation sites and activities. The parties acknowledge that Buyer is undertaking to obtain an alternate location (the "New Site") for Seller's business so that Seller may begin construction of a new banking facility thereon by March 1, 2012. Buyer will sell the New Site to Seller for $1.00, provided that Buyer proceeds thereafter with diligence to construct a new banking facility on the new site. All proposed sites are located within the Highway 218 Corridor Overlay District and are subject to special criteria affecting property layout, design, landscaping, signage and other factors as set forth in the zoning ordinance. Under the CURA plan applicable to the New Site, Seller may elect to apply for available tax exemptions with respect to the taxable value added by new improvements. The parties agree to enter into a development agreement with respect to project construction at the New Site. Seller and Buyer agree that the New Site has been agreed to by Seller and Buyer pending acquisition of said New Site by Buyer. If the New Site as agreed to between Buyer and Seller cannot be acquired by Buyer, then Seller shall have the option to cancel this Agreement and return any earnest money to Seller. D. Temporary location. Buyer will reimburse Seller for costs incurred by Seller to install and set up a portable building for Seller's banking operations to be conducted until substantial completion of construction of the new permanent building. The temporary location will be on the New Site, to the west of the Property. Reimbursable costs include down payment or deposit, monthly rental charges, installation of foundation or slab, delivery and removal, hookup to water, sewer and utilities, other costs to install and setup the facility, and monthly lease charges for furnishings. Buyer will reimburse Seller the sum of $52,906.70 (the "Interim Costs Payment"), which the parties agree is a good -faith estimate of the reimbursable costs described above, including approximately eight months of occupancy costs. The parties agree that the Interim Costs Payment is satisfactory for purposes of this Agreement, and each of them waives any right to recoupment, offset, or other damages in the event that actual reimbursable costs are later determined to differ from the Interim Costs Payment. Seller will be responsible to arrange for removal of the structure from the temporary location after it begins occupancy of the new building. Seller will be responsible to pay, at its own cost and expense, all costs to operate and maintain the temporary facility, including but not limited to utilities, that exceed the Interim Costs Payment. E. Indemnification. Seller shall indemnify and hold harmless the Buyer in respect of any and all injury, expense, damage, demand, claim, cause of action, or liability whatsoever (each of the foregoing being a "Claim") asserted by any person arising from or in connection with the activities of Seller or its agents on the Property during the Salvage Period. The foregoing indemnity includes but is not limited to reimbursement of any and all cost and expense, including but not limited to court costs and reasonable attorneys' fees and expenses, incurred by Buyer in connection with a Claim. F. Survival of terms. Paragraphs C and D of this Section 22 are intended to survive, and shall not be merged into, the closing of the Property sale and purchase contemplated by this Agreement. 5 G. Appraisal. Buyer shall reimburse Seller for the cost of an Appraisal obtained by Seller on the Property in the amount of $1,950.00. G. Real Estate Taxes. Buyer shall pay real estate taxes prorated to the closing date on the New Site and give Seller credit for said amount at the time of closing and possession on the New Site. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2012 this Agreement shall be null and void. Dated BUYER Accepted by Seller SELLER City of Waterloo, Iowa Iowa Community Credit Union, f/k/a Watel Credit Union By: By: Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 6 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 ` F Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute an amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from April 30, 1996, to forgive loan, release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260 for 5 years Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: Back in 1996, the City of Waterloo City Council approved several steps to redevelop portions of the block of Waterloo that now contains Modus (was Gilmor and Doyle), the Regional Business Center site and now Main Street Waterloo site, the Main Street parking lot, Screaming Eagle, Fowler and Haffa buildings, Beecher law firm, etc. The majority of those steps were aimed at redevelopment of the block, cleanup of environmental contamination, asbestos, demolition, of the former Osco buildings, smokestacks, etc. It was quite an undertaking to try and turn around the fortunes of the downtown block. Prior to the creation of Main Street Waterloo -- which combined 4 different entities into what is now Main Street -- the property development arm of Downtown Waterloo was Cedar Skyline Corporation. Cedar Skyline was the entity that entered into several grant opportunities, was the recipient of the loan noted in this amendment, for the demolition, rehabilitation, and reconstruction of this block portion. The City of Waterloo had a low interest loan setup for the development of properties. An amount of $250,000 was loaned for this project for the redevelopment of the block. The details of that loan failed to note it as a forgivable loan if the goal of the activities were met. The property redeveloped by this 1996 agreement now has an assessed value of $2.42 million, resulting in a multitude of new development, as noted above, which staff believes has CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer worked to spark reinvest and new interest in Downtown Waterloo not only on this block, but on the entire East side of Downtown Waterloo. The amendment would forgive the past loan of $250,000 to this project, as was believed to be the original intent if success of the redevelopment was achieved. The Release and Satisfaction document would work to approve this action. The last action of this item would place a Minimum Assessment on the property — 8913-25-103-022 — of $206,260 for a 5 -year period. All other terms of the original Development Agreement would remain the same. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo continues to work towards new development, redevelopment, and cleanup of deteriorating sites in and near Downtown Waterloo. This project from 1996 brought forth a great wave a redevelopment and reinvestment in Downtown Waterloo, while also eliminating a dilapidated site that was stopping such reinvestment and redevelopment. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WE LIBER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT �® 715 Mulberry Street • Waterloo, lona 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Panning & Deve!cpme;t Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set a date of public hearing and publish an official notice pertinent to the sale and conveyance of a portion of 218 West Mullan "excess land" to Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00. Submitted by: Noel Anderson Communit Plannin• & Develo•ment Director Recommended City Council Action: We ask that the City Council set a date of public hearing and publish an official notice pertinent to the sale and conveyance of land as described in the attached legal description, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Summary Statement: As you may recall, the City of Waterloo has been acquiring land for the Sportsplex Project recently. One of those recent acquisitions, on the City Council agenda for tonight, is the acquisition of the Iowa Community Credit Union (ICCU) at 320 West 2nd Street. As a part of helping ICCU to find a new site to remain in Downtown Waterloo, the City acquired the former Happy Chef site. This site is approximately 0.75 acres, and the City will be conveying approximately 0.50 acres to ICCU for the construction of a new credit union. This site size is consistent with similar type developments, such as the new US Bank facility immediately north and the Farmers State Bank site on 6th Street. Due to the width of the lot changing some site layouts for the new building, ICCU is requesting to buy the additional 0.25 acres for additional parking, expansion potential, etc. Staff has reviewed the assessed value per square foot and the appraised value per square foot of nearby and recent sales, and believes $50,000 for the remaining portion would be a fair amount. Expenditure Required: NA. Source of Funds: NA CITY WEBSITE: wvwvci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Sale of Property and Economic Development. This request would meet the Sale of Property Policy guidelines. Alternative: Not sell land. Background Information: The City of Waterloo has worked to sell additional land for development purposes, to abutting property owners, within obje t ves of thef the Sale of Property Policy. This sale would ppear to meet the Downtown Master Plan and be in accordance with the policies. Printable Map Output Page 1 of 1 Parcel ID: Deed Holder: Parcel Address: Legend Selected Feames AHI hospital .Lf\j.Jt, airport firedept parks_ parks twwprng Railroads Townships Sections water nParcels r�.• RighlsoFWay Township „/ City (Linos rallroad_dim rvaddirn watama me_ Black Hawk County Parcel Map 8913-23-452-004 HEENE FAMILY TRUST 218 W MULLAN AV, WATERLOO, IA 50701 parcak: ire Ioadname Aerial Photos Black Hawk Co. Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor co.black-hawk.ia.us.orq Ma Disclaimer: This map does not represent a survey. No liability is assumed for the accu acy of the data delineated herein, either expressed or implied by Black Hawk County, he B ck Hawk County Assessor or their employees. This map is compiled from official record's, including plats, surveys, recorded deeds, and contracts, and only contains I nformation required for local government purposes. See the recorded documents for more detailedgal information. 1 http://www2.co. black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 1/27/2012 LEGAL DESCRIPTION The Northwesterly ninety (90) feet of Lot 29, except the Northwesterly one and one- half (1'/2) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mt (berry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Develcptrient Director CITY OF WATERLOO Council Communication COUNCIL City Council Meeting: January 30, 2012 MEMBERS Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON \YELPER Ward 5 SUBJECT: Set the date of hearing for approval of a Development Agreement between the City of Waterloo and Iowa Community Credit Union, f/k/a Watel Credit Union that will convey property at the northwest corner of Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for approval of the Development Agreement, authorizing the sale of land for $1.00 and the construction of the bank building valued at $450,000. Summary Statement: The City of Waterloo would be conveying the front 0.50 acres of land to Iowa Community Credit Union (ICCU) for the development of a new banking facility. The credit union would be constructing a new 2,500 sq. ft. bank building valued at $450,000 on BOB the site. This will allow for ICCU to remain in Downtown Waterloo, as their existing site at 3209 GREENwoo West 2nd Street would be acquired for the construction of the Cedar Valley Sportsplex Project. At -Large ICCU has also requested to buy the additional 0.25 acres of the former Happy Chef site for $50,000, which is another time on this City Council agenda. STEVE SCHIviITT Expenditure Required: None. At -Large Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: This represents continued investment in Downtown Waterloo, with a new credit union to be built next to the recently constructed US Bank facility. All of these construction project are working in accordance with the Downtown Master Plan to work to bring new destination attractions such as the Riverfront Renaissance and Sportsplex to Downtown Waterloo, while also working with our existing businesses to invest and grow in the downtown area. CITY WEBSITE: www.ci.waterloaia.us WE'RE WORKING FOR YOU! An Equal OpportunityiAffirmative Action Employer DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of February , 2012, by and between Iowa Community Credit Union (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 building and related improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before March 1, 2012, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property"). The purchase price of that portion of the Property identified on Exhibit "A" as the "Building Site" shall be $1.00, and the purchase price of the remainder identified on Exhibit "A" as "Abutting Land" shall be $50,000.00. Conveyance may occur at two separate closings, but in any event shall be by special warranty 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 City zoning ordinances and other applicable law. If the Property is not already owned by the City, City's duty to convey is expressly made subject to occurrence of a closing on the City's acquisition of the Property. 2. Improvements by Company. Company shall construct a retail banking facility consisting of approximately 2,500 square feet, and related landscaping, sidewalks, signage and parking (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of no less than $450,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not done so. Company must obtain a building permit and begin construction within two (2) months from the date the Property is deeded to it, and construction of Improvements on the Building Site shall be completed by July 1, 2013, (the "Building Completion Date"), with construction of Improvements on the Property as a whole within sixty (60) days thereafter (the "Project Completion Date"). If, after the expiration of two (2) months from the date of the executed deed, Company has not begun in good faith the construction of the Improvements upon the Building Site, then title to the Property shall revert to the City. If construction has not begun at the end said two-month 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 development has commenced within the two-month 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 is to be completed by the Building Completion Date and the Project Completion Date, as applicable, shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. Upon substantial completion of Improvements on the Building Site, Company shall act with diligence to permanently move its business operations into the new building, remove the temporary banking facility from the Property, and complete construction of Improvements on the Property, including the Abutting Land, by the Project Completion Date. In the event of any reversion 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 reversion, and Company further agrees that it shall indemnify and hold harmless the City 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, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. 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. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 2 other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $450,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 6. Reserved. 7. City Activities in Aid of Development. A. Site Readiness. Before conveyance of the Property to Company, City will demolish existing structures on the Property, remove all debris thereon, and level the site to grade. B. Payment of Interim Costs. City will reimburse Company for costs incurred by Company to install and set up a portable building for Company's banking operations to be conducted until substantial completion of construction of the new permanent building. The temporary location will be on the "abutting land" portion of the Property. Reimbursable costs include down payment or deposit, monthly rental charges, installation of foundation or slab, delivery and removal, hookup to water, sewer and utilities, other costs to install and setup the facility, and monthly lease charges for furnishings. City will reimburse Company the sum of $52,906.70 (the "Interim Costs Payment"), which the parties agree is a good -faith estimate of the reimbursable costs described above, including approximately eight months of occupancy costs. The parties agree that the Interim Costs Payment is satisfactory for purposes of this Agreement, and each of them waives any right to recoupment, offset, or other damages in the event that actual reimbursable costs are later determined to differ from the Interim Costs Payment. Company will be responsible to arrange for removal of the structure from the temporary location after it begins occupancy of the new building. Company will be responsible to pay, at its own cost and expense, all costs to operate and maintain the temporary facility, including but not limited to utilities, that exceed the Interim Costs Payment. The provisions of this paragraph are intended to supersede and replace Section 22, paragraph D of that certain Real Estate Purchase Agreement between the parties approved by 3 the city council of City on January 30, 2012, and upon execution of this Agreement by the parties said paragraph D shall be deemed terminated. 8. 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. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company 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. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 4 (b) if to Company, to Iowa Community Credit Union, P.O. Box 750, Waterloo, Iowa, 50704, facsimile number , Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 5 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA COMMUNITY CREDIT UNION By: By: Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 6 EXHIBIT "A" Legal Description of Property to be Improved Lot 29, except the Northwesterly one and one-half (11/2) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the "Building Site": Lot 29, except the Northwesterly ninety (90) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the "Abutting Land": The Northwesterly ninety (90) feet of Lot 29, except the Northwesterly one and one-half (11/2) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), Iowa Community Credit Union ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $ 450,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements on the Building Site will be substantially completed on or before July 1, 2013 and on the Property as a whole within sixty (60) days thereafter. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2019. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2020. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. It may not be modified or amended except by the mutual written agreement of the parties. ATTEST: By: Suzy Schares, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. ) CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor IOWA COMMUNITY CREDIT UNION By: Mark Heth, President On , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument 2 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 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , 2012 by Mark Heth as President of Iowa Community Credit Union. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than Four Hundred Fifty Thousand Dollars ($ 450,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2012, by Tami McFarland, Assessor for Black Hawk County, Iowa. Notary Public Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 27, 2012 Prepared: January 25, 2012 Dept. Head Signature: # of Attachments: _it rept, A.t5010ficvt Ns. :alto-' ICYJ SUBJECT: Approval of contract with EPA for the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant. Submitted by: Noel Anderson -Community, Planning and Development Director Recommended City Council Action: We recommend that the City Council except and authorize Mayor and City Clerk to sign necessary documents as it pertains to the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant. HAROLD GETTY Summary Statement: In September 2011 the City of Waterloo was awarded two (2) EPA Brownfield Ward3 Assessment Grants. One grant in the amount of $200,000 is for hazardous material contamination, and the second, in the amount of $200,000 is for petroleum contamination. QUENTIN HART The goals of the Assessment Grants are to inventory brownfield sites, conduct environmental assessments Ward4 on priority sites, create remediation and redevelopment plans for selected sites, and utilize community RON involvement and input throughout the process. WELPER While the scope of the project is community -wide, the projects will likely focus on the US 63 Corridor and Ward 5 the neighborhoods located in the east -side of the City of Waterloo. The ESA's will investigate properties BOB potentially impacted by hazardous substances and petroleum products to determine adverse impacts and GREENWOOLPotential risks to human health and/or the environment. If contaminants are present, the city will work At -Large with EPA, and the Iowa Department of Natural Resources to address the issues through programs such as the Iowa Land Recycling program. The City of Waterloo will use its experience in brownfield reclamation STEVE SCHMITT to attract developers to the respective projects. This includes creating redevelopment plans for the vacant At -Large school sites, former Schultz Manufacturing site and buildings, auto service stations, and other vacant and/or underutilized warehouse sites scattered throughout the targeted area. Expenditure Required: N/A Source of Funds: In September 2011 the City of Waterloo was awarded two (2) EPA Brownfield Assessment Grants. One grant in the amount of $200,000 is for hazardous material contamination, and the second, in the amount of $200,000 is for petroleum contamination. Policy Issue: Brownfield Redevelopment Alternative N/A Background Information: CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer SEP 3 0 2U11 • ASSISTANCE ID NO. 406 U.S. ENVIRONMENTAL PRG I DOC ID IAMENIM DATE OF AWARD • PROTECTION AGENCY BF 97731101 - 0 • 09/16/2011 Ag TYPE OF ACTION New MAILING DATE 09/23/2011 Cooperative Agreement PAYMENT METHOD: ACH ACF# 77534 RECIPIENT TYPE: Municipal Send Payment Request to: U.S. Environmental Protection Agency - Las Vegas FC . P.O. Box 98515, Las Vegas, NV 89193-8515 Phone: #702-798-2426, Fax #702-798-2423 RECIPIENT: PAYEE: City of Waterloo 715 Mulberry Street Waterloo, IA50703 EIN: 42-6005327 Same as Recipient . 715 Mulberry Street Waterloo, IA50703 . PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Chris Western 715 Mulberry Street Waterloo, IA 50703 E -Mail: chris.westem@waderloo-ia.org Phone: 319-291-4366 Jennifer Morris 901 North Fifth Street, SUPR/STAR Kansas City, KS 66101 E -Mail: Morris.Jennifer@eparnail.epa.gov Phone: 913-551-7341 Connie Allen Grants Management Office, PLMG/RFMB/GRMS E -Mail: Allen.Cannle@epamail.epa.gov Phone: 913-551-7383 PROJECT TITLE AND DESCRIPTION Waterloo Hazardouse Substance Fiscal Year 2011 Assessment This award provides funding to the City of Waterloo, Iowa to be used to conduct community wide environmental assessments at potential brownfield sites contaminated with hazardous substances and other the pollutants. The grant recipient wiN conduct site prioritization, then Phase I and Phase II assessments at selected sites. Funds will also be used for public outreach and community involvement/public participation processes and cleanup planning. BUDGET PERIOD 10/01/2011 - 09/30/2014 PROJECT PERIOD 10/01/2011 - 09/30/2014 TOTAL BUDGET PERIOD COST $200,000.00 TOTAL PROJECT PERIOD COST $200,000.00 NOTICE OF AWARD Based on your application dated 04/20/2011, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share 100.00% of ail approved budget period costs incurred, to up and not exceeding total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient faNs to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office fisted below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory The provisions_ applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and a8 terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS Grants Management Office 901 North Fifth Street Kansas City, KS 66101 U.S. EPA, Region 7 Superfund Division 901 North Fifth Street • Kansas City, KS 66101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Karen L. Sherrill, Grants Management Officer DATE 09/16/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SATURE7(A, TYPED NAME AND TITLE Ernest G. Clark, Mayor DATE F 740 q SEP 3 0 2U11 EPA Funding Information BF - 87731101 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 200,000 $ 200,000 EPA In -Kind Amount $ $ . $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution$ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfieids Assessment and Cle nup —Cooperative Agreements CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Fiscal . Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation 1 Deobligatlon WATERLOO 1107W31017 11 E4C 0700AG7 402D79E 4114 G7000J00 - 200,000 200,000 Budget Summary Page Table A - Object Class Category ' (Non -construction) BF - 97731101 - 0 Page 3 Total Approved Allowable Budget Period Cost 6. Contractual 7. Construction B. Other 9. Total Direct Charges 10. Indirect Costs: % Base 11. Total (Share: Recipient 0_00 % Federal 100.00 9'0.) 12. Total Approved Assistance Amount 13. Program Income 14. Total EPA Amount Awarded This Action 15. Total EPA Amount Awarded To Date $0 $156,015 $0 $200,000 $0 $200,000 $200,000 $o $200,000 $200,000 BF - 97731101 - 0 Page 4 Administrative Conditions 1. I. Central Contractor Registration and Universal Identifier Requirements. A. Requirement for Central Contractor Registration (CCR). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later.. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. if you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2.May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1.Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ccr.gov). 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedaov.dnb.com/webform). 3.Entity, as it is used in this award term, means all of the following, as defined at 2 CFRpart25, subpart C: a.A Governmental organization, which is a State, local government, or Indian tribe; b.A foreign public entity; c. A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4.Subaward: for the a.This term means a legal instrument to provide support performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). c.A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5.Subrecipient means an entity that: a.Receives a subaward from you under this award; and b.Is accountable to you for the use of the Federal funds provided by Lne subaward. 2. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e of this award term). 2. Where and when to report. r. You must report each obligating action described in paragraph a.1. of this award term to www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3.What to report. You must report the information about each obligating. action that the submission instructions posted at www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if -- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts and ubconfracts d Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: 1 As part of your registration profile at www.ccr.gov. H. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subreciplent Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if -- 1 in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal - procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answerstexecomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: 1. To the recipient. li. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d.Exemptions - If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exdmpt from the requirements to report: i. subawards, and; ii.the total compensation of the five most highly compensated executives of any subrecipient. ' e. Definitions. For purposes of this award term: 1.Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; 111 A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: L This term means a legal instrument to provide support for the performance of any portion of the substantive project or program - for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carryout the project or program (for further explanation, see Sec. –.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") . iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of tile Federal funds provided by the subaward. 5.Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(cX2)): i. Salary and bonus . H. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii.Eamings for services under non -equity incentive plans . This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. vi. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax - qualified . vii. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 3. Recipient agrees to submit the Federal Financial Report (FFR) form SF -425 to EPA no later than ninety (90) days after the end of the grant budget/project period. The EPA requires only the information requested on FFR lines 10d through 100. A blank FFR is available for completion on the Las Vegas Finance Center's (LVFC) website: httr?://www.epa.cgov/ocfoffinservices/forms.htm The Final FFR form SF -425 must be submitted to: U.S. EPA -Las Vegas FC, P.O. Box 98515, Las Vegas, NV 89193-8515. 4. Recipient agrees to submit, at a minimum, a quarterly billing (payment) request(s) to the EPA, for al�eligibTe,-allowable, allocable, necessary and reasonable costs which are incurred for this project/program. A payment request is not required to be submitted in the event that the recipient has not incurred such costs during the quarterly period, but more frequent payments may be requested as costs are incurred. 5 The Recipient agrees that none of the funds provided under this agreement may be used for subawards/subgrants or contracts to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. Congress has prohibited the EPA from using its FY 2010 and/or FY 2011 appropriations to provide funds to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to the EPA Grants Management Specialist listed on the first page of this award document. 6. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the protect funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 7. Pursuant to EPA's annual Appropriations Act, the chief executive officer,of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 8. Recipient agrees to comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, effective December 23, 1989. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Recipient also agrees to include in all solicitation documents the following: "Sub recipients who request or receive from the grant recipient a subgrant, contract, or subcontract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above." 9. Recipient agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled Responsibilities of Participants Regarding Transactions. Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient agrees that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. 10. The recipient agrees to an ongoing, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 40 CFR 36.200 36230. Additionally, in accordance with these regulations, the recipient must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. - Recipients classified as individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. Details concerning violation of this condition may be found under Title 40 CFR 36.510. 11. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 12. The Recipient agrees if $500,000 or more in total Federal funds is expended in any fiscal year, they will obtain a single audit from an independent auditor according to the guidance provided in OMB Circular A-133. The Recipient agrees that within nine months after the fiscal year end or 30 days after receiving the report from the auditor, they will electronically submit a copy of the data collection form SF -SAC and a Single Audit Report Package to the Federal Audit Clearinghouse Internet Data Entry System. For complete instructions for electronic submission of the SF -SAC and the Single Audit Report Package are located at the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/ 13. To implement requirements of Section 106 of the Trafficking Victims.Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub -recipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2.CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, sub -recipients under this award, and sub -recipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under the award. 14. The Recipient agrees, in accordance with EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through —the General Services -Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). RCRA Section 6002 that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 15. GENERAL COMPLIANCE, 40 CFR, Part 33 - The recipient agrees to comply with the requirements of EPA's Program for Utilization of Minority and Women's Business Enterprises (MBE/WBE) in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D - A recipient must negotiate with the appropriate EPA award official, or his/her designee, Fair share objectives for MBE and WBE participation in procurement under the financial assistance agreement. Current Fair Share Objective/Goal - The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's assistance agreements from EPA in the current fiscal year is $250,000, or more. The Iowa Department of Natural Resources (IDNR) has negotiated the following, applicable MBE/WBE fair share objectives/goals with EPA as follows: Iowa MBE WBE Supplies 0.6% 05.6% Equipment 2.5% 10.4% Services 2.5% 11.3% Construction ,1.7% 02.2% Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 - If the recipient has not yet negotiated its MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C - Pursuant to 40. CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities tothe fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State, and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames fors entracts_and_establish delivery_schedules,-where-the- requirements -permit,in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce in finding DBEs. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBEIWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 - The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the. Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a recipient's MBEIWBE accomplishments. I ne reports must be submitted semiannually for the periods ending March 31 and September 30. The reports are due within 30 days of the end of the semiannual reporting periods (April 30 and October 30). Reports should be sent to ATTN: Grant Assistant. Final MBE/WBE reports must be submitted within 90 days after the project period of • the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.gov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 - The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and.(c) - Recipients of a"Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders fist. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Programmatic Conditions 1. I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k)(2)(A)(1) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described in the EPA approved work plan. A. Federal Policy and Guidance 1. a. Cooperative Agreement. Recipients: By awarding this cooperative agreement, EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2011 -competition -for BrownfleIds assessme� cooperative agreements. However, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. c. The recipient must comply with Federal cross -cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. d. The CAR must comply with Davis -Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and repair contracts and subcontracts awarded with funds provided under this agreement. Activities conducted under assessment grants generally do not involve construction, alteration and repair within the meaning of the Davis -Bacon Act. The recipient must contact EPA's Project Officer if there are unique circumstances (e.g. removal of an underground storage tank or another structure and restoration of the site) which indicate that the Davis -Bacon Act applies to an activity the CAR intends to carry out with funds provided under this agreement. The Agency will provide guidance on Davis -Bacon Act compliance if necessary. B. Eligible Brownfields Site Determinations 1. a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre -approved in the CAR's work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in §101(39) of CERCLA, the identity of the owner, 2. and the date of acquisition. b. If the site is excluded from the general definition of a brownfield, but is eligible for a property -specific funding determination, then the CAR must provide inforfnation sufficient for EPA to make a property -specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property -specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants dated August 2010 for discussion of this element) documenting that: (1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum -only sites in the State, (2) the State determines there is no viable responsible party" for the site; (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act_ This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum -contaminated brownfields sites located on tribal lands (Le., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary. for EPA to make the determinations described in 2.a. above. II. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement 1_ The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the recipient must implement a corrective action plan approved by the EPA PO or EPA may terminate this agreement for material non-compliance with its terms. For purposes of assessment grants, the recipient demonstrates 'sufficient progress' when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition grants "sufficient progress" is demonstrated when a solicitation for services has been released, sites are prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement is in place. 3. The recipient agrees that EPA may terminate this assistance agreement for failure to continually make sufficient progress so as to reasonably ensure completion of the project within the project period Including any extensions. The EPA Project Officer will measure sufficient progress by • examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. 4. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the site. B. Substantial Involvement 1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities such as monitoring, reviewing project phases, and.approving substantive terms included in professional services contracts. b. Substantial EPAInvolvement also includes brownfieids property -specific funding determinations described in LB. under Eligible Brownf<elds Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under §107 of CERCLA. (See Section Il.C.3 for more information on subgrants.) c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. d. EPA may waive or modify any of the provisions in term and condition II.B.1., with the exception of property -specific funding determinations, through advice to the recipient. 2. Effect of EPA's substantial involvement includes: a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA §128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environmentand comply with all applicable Federal and State laws. c. The CAR and its subgrantees remain responsible for incurring.costs that are allowable under the applicable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. 4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. 5. CARs expending funding from a community -wide assessment grant on a particular site must include such funding amount in any total funding expended on the site. D. Quarterly Progress Reports _. T__haCAR must submitprogressieportselectronically on a quarterly basis to the EPA Project Officer. Quarterly progress reports must include: a. Summary of approved activities performed during the reporting quarter, summary of the performance outputs/outcomes achieved during the reporting quarter, a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs/outcomes. b. An update on project schedules and milestones. c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. d. A budget recap summary table with the following information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); total remaining funds and draws submitted during the reporting quarter. 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific properties under this cooperative agreement. 3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified. in the approved work plan. E. Property Profile Submission The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, cleanup required, contaminants, Institutional Controls, Engineering Controls) by completing and submitting relevant portions of the current approved Property Profile Form using the Brownfields Program on-line reporting system, known as Assessment, Cleanup and Redevelopment Exchanye System (ACRES). The CAR must enter l„e data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must use the ACRES system unless approval is obtained from the regional Project Officer to submit data using the Property Profile Form . F. Final Report The CAR must submit a final performance report electronically within 90 days after the end of the project period. The final report may be submitted in lieu of a final quarterly report with the approval of the EPA project officer. The final report shall include the site names, the work performed at each site and how much was spent at each site. It should also provjde information that documents the outreach efforts by the CAR and other activities that explain how the funding was expended. G. Work Product and Report Submission Format Work products and reports provided to EPA in accordance with this agreement shall be submitted in an electronic format acceptable to EPA, unless otherwise approved by the EPA project officer. Current acceptable formats include Microsoft WORD, Microsoft EXCEL or Portable Document Format (PDF). 111. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k);. c. -Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section III.B. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under 111 8. 2.; and carrying out community involvement pertaining to the assessment activities. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay fora penalty or fine; e. To pay a federal cost share requirement (for example, a cost -share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA §107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant redplent is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for (1) Preparation of applications for brownfields grants; (2) Record retention required under 40 CFR 31.42; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under40 CFR 31.30; (5) Maintaining and operating financial management systems required under 40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (8) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property -specific funding determination. 4. The CAR must not include management fees or similar charges in excess of the direct costs or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a dire..i. cost of carrying out the scope of work. C. Interest -Bearing Accounts and Program Income 1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement . 2. The CAR must deposit advances of grant funds and program income (Le. fees) in an interest bearing account. a. For interest earned on advances, CARs are subject to the provisions of 40 CFR §31.210) to remitting interest on advances to EPA on a quarterly basis. b. Interest eamed on program income is consideredadditional program income. c. The CAR must disburse program income (including interest eamed on program income) before requesting additional payments from EPA as required by 40 CFR 31.21(f). IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements - -When environmental -samples are collected as par -of the brown ie ds assessment, the 'CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. 2. Individual or generic Quality Assurance Project Plans (QAPPs) for activities within the scope of this agreement must be submitted for EPA approval prior to the collection of environmental data and samples. EPA may request assistance from a state program with the review and approval of QAPPs for non -state EPA CARs. For this to occur, the state program must be authorized through an approved Quality Management Plan (QMP), to review and approve QAPPs in lieu of EPA. Review and approval of non -state EPA brownfields CAR QAPPs by a state program will be limited to those instances where there is mutual agreement among the parties involved (the state, EPA, and the CAR), and the non -State EPA CAR agrees to participate in and follow the guidelines established within the State Response Program. Oversight of the state's QAPP approval process for Brownfields will be part of the Management Systems Review (MSR) process described in EPA Region 7s QMP. All QA documents will be prepared in accordance with current EPA requirements as defined in EPA Requirements for Quality Assurance Project Plans: EPA QA/R-5 (EPA/240/B-01/003, March 2001) and Guidance for Quality Assurance Project Plans: EPA QA/G-5 (EPA/240/R-02/009, December 2002) or their subsequent revision. C. Completion of Assessment Activities The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or tetter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. D. All Appropriate Inquiry 1. As required by CERCLA §104(k)(2)(B)(li) and CERCLA §101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR, shall utilize the practices in ASTM standard E1527-05 ''Standard Practices for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule "All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content", (Publication Number: EPA 560-F-06-244). This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards. 2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must comply with 40 C.F.R. Part 312 and must, at a minimum, include the information below. The recipient must complete, sign and date a "Reporting Requirements Checklist" for each AAI report conducted under this agreement. All AAI reports submitted to EPA Project Officers as work products under this agreement should be accompanied by a completed checklist. The EPA's Project Officer will provide a copy of the checklist to the recipient. The checklist also is available to grantees on the EPA website at www.epa.gov/brownfields. 1. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, In, or to the subject property. 2. An identification of "significant"data gaps (as defined in 40 C.F.R. 312.10), if any, in the information collected for the inquiry. Significant data gaps include missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significance of these data gaps, 3. Qualifications and signatureof the environmental professional(s). The environmental professional must place the following statements in the document and sign the document: '[i, Wel declare that to the best of[my, ourj professional knowledge and belief, [1, wej meet the definition of Environmental Professional as defined in §312.10 of this part" `[l, WeJ have the specific qualifications based on education, training, ,and experience to assess a property of the nature, history, and setting of the subject property_ [I, We/ have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312" Note: Please use either 1" or 'We." 4. In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding additional appropriate investigation, if the environmental professional has such an opinion. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR part 312 (or comparable requirements for those using ASTM Standard 1527-05). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure to correct any identified deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 40 CFR 31.43(a)(2). If a recipient willfully fails to correct the deficier,.,,es the Agency may consider other available remedies under 40 CFR 31.43 and 2 CFR Part 180. V. Conflict of interest Appearance of lack of Impartiality A. Conflict of Interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. VI. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c). 2. Payment information is provided to the CAR by the Las Vegas Finance Center. The CAR shall contact the EPA Las Vegas Finance Center, P.O. Box 98515, Las Vegas, Nevada 89193-8515, (702) 798-2426, FAX (702) 798-2423 for answers to questions regarding forms utilized to drawdown funds under this cooperative agreement. B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close. out the award when it determines that all applicable administrative actions and all required work of the grant have been completed. 2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial, performance, and other reports required as a condition of the grant. a. The CAR must submit the following documentation: 1. The Final Report as described in 1I.F. 2. A Final Federal Financial Report (FFR - SF425). Submitted to: U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 Fax (702) 798-2423 http:I/www.epa.gov/ocfo/finsenriceslpayinfo.html 3. A Final MBE/WBE Report (EPA Form 5700-52A). Submitted to the regional office. b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region. c. The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other grants. 2. Recipient agrees to comply with the following when selecting sub -recipients and establishing sub -awards: a) to establish all sub -award agreements in writing; b) to maintain primary responsibility for ensuring successful completion of the EPA -approved project (this responsibility cannot be delegated or transferred to a sub -recipient); c) to ensure that any sub-award(s) comply with the standards in Section 210(a) -(d) of OMB Circular A-133 and will not be used to acquire commercial goods or services for the recipient; d) to ensure that any sub-award(s) are awarded to eligible sub-recipient(s) and that proposed sub -award costs are necessary, reasonable, and allocable; e) to ensure that any sub-award(s) to 501(c)(4) organizations do not involve lobbying activities; f) to monitor the performance of the sub-recipient(s) and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; g) _to obtain the appropriate-consent-fromlhe-EPA- Project _Officer _ prior to making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and h} to obtain prior approval from the EPA Project Officer for any new sub - award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. Recipient agrees that any questions about the eligibility of a sub -recipient or other issues pertaining to the sub-award(s) will be addressed to the recipient's EPA Project Officer listed on the first page of your assistance award or assistance amendment document. Recipient agrees to be responsible for selection of any sub-recipient(s) and, if applicable, for conducting sub -award competitions. Additional information regarding sub -awards may be found at: http://www.epa.gov/ogdiguideisubaward-policyloart-2.pdf. Guidance for distinguishing between vendor and sub -recipient relationships and ensuring .compliance with Section 210(a) -(d) of OMB Circular A-133 may be found at: http://www.epa.gov/ogd/ouide/subawards-appendix-b.pdf http://www.whitehouse_gov/omb/financial fin single audit BF - 97731201 - 0 Page 1 U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. PRG 1 DOC ID JAMEND# BF - 97731201 0 DATE OF AWARD 09127/2011 TYPE OF ACTION New MAIUNG DATE 10/04/2011 PAYMENT METHOD: ACH ACI 77534 RECIPIENT TYPE: Municipal Send Payment Request to: U.S. Environmental Protection Agency - Las Vegas FC P.O. Box 98515, Las Vegas, NV 89193-8515 Phone: #702-798-2426, Fax: #702-7982423 RECFIENT: PAYEE: city of Waterloo 715 Mulberry Street Waterloo, IA 50703 EIN: 42-6005327 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Chris Westem 715 Mulberry Street Waterloo, IA 50703 • E -Mail: chris.westerf@waterloo-ia.crg Phone: 319-291-4301 Jennifer Morris 901 North Fifth Street, SUPR/STAR Kansas City, KS 66101 E -Mail: Morris.Jennifer@epamailepa.gov Phone: 913-551-7341 Connie Allen Grants Management Office, PLMG/RFMB/GRMS E -Mail: Afien.Connie©pamaiLepagov Phone: 913-551-7363 PROJECT TITLE AND DESCRIPTION Brownfields Petroleum Assessment This award provides funding to the City of Waterloo, Iowa to be used to conduct community wide environmental assessments at potential brawnfield saes contaminated with petroleum products. The grant recipient will conduct site prioritization, then Phase i and Phase II assessments at selected sites. Funds will also be used for public outreach and community involvement/public participation processes and cleanup planning. BUDGET PERIOD 10/01/2011 - 09/30/2014 PROJECT PERIOD 10/01/2011 - 09/30/2014 TOTAL BUDGET PERIOD COST $200,000.00 TOTAL PROJECT PERIOD COST $200,000.00 NOTICE OF AWARD Based on your application dated 04/20/2011, including alt modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share 100.00% d all approved budget period costs incurred, up to and not exceeding total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient falls to provide timely affirmation of the award by signing under the Affirmation of Award section and retuming all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time,--as-maybe-granted-by-EPA. - This -agreement -is -subject to applicable -EP-A-statutory-provisions: The -applicable -regulatory provisions -are 40 CFR -Chapter- Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION 1 ADDRESS ORGANIZATION 1 ADDRESS Grants Management Office 901 North Fifth Street Kansas City, KS 66101 U.S. EPA, Region 7 Superfund Division 901 North Fifth Street Kansas City, KS 66101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Karen L. Sherrill, Grants Management Officer DATE 09/27/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION 1:-„.W14./ TYPED NAME AND TITLE Emest G. Clark, Mayor DATE LI FINAL EPA Funding Information BF -97731201-0 Paget FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL. EPA Amount This Action $ $ 200,000 S 200,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ •$ $ 0 Other Federal Funds $ $$ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $0 Local Contribution.$ $$ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority _68.818 - Brownfields Assessment and Cleanup _Cooperative Agreements CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Fiscal Site Name Req No FY Approp, Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation 1 Deobligation WATERLOO 1107W31018 11 E4C 0700AG7' 402D79EBP 4114 G7230T00 - 200,000 200,000 Budget Su BF - 97731201 - 0 Page 3 Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $36.660 2. Fringe Benefits $5,350 3. Travel $1500 4. Equipment S0 5. Supplies $475 6. Contractual $156.015 7. Construction $0 8.Other $0 9. Total Direct Charges $200,000 10. indirect Costs: % Base • $0 11. Total (Share: Recipient 0000 % Federal 100.00 %.) 5200,000 12. Total Approved Assistance Amount 1200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200.000 BF - 97731201 - 0 Page 4 Administrative Conditions 1. 1. Central Contractor Registration and Universal Identifier Reauirements. A. Requirement for Central Contractor Registration (CCR). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards under'this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ccr.gov). 2.Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at httD://fedgovinb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a.A Governmental organization, which is a State, local government, or Indian tribe; b.A foreign public entity; c. A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward: a.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). c.A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5.Subrecioient means an entity that a.Receives a subaward from you under this award; and b.ls accountable to you for the use of the Federal funds provided by the *ubaward. 2. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(aX2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3.What to report. You must report the information about each obligating action that the submission instructions posted at www.fsrs.gov specify. b.Reporting Total Comoensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and 111 The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at www.ccr.gov. il. By the end of the month following the month in which this award is made, and annually thereafter. c.Reportina of Total Compensation of Subrecioient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if -- 1 in the subrecipients preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:/lwww.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d.Exemotions - If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. subawards, and; ii.the total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1.Entitv means all of the following, as defined in 2 CFR part 25: 1 A Governmental organization, which is a State, local government, or Indian tribe; ii.A foreign public entity, iii. A domestic,or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: 1 This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that .you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carryout the project or program (for further explanation, see Sec. –.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") . iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the rederal funds provided by the subaward. 5.Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(cx2)): 1. Salary and bonus . ii. Awards of stock, stock options, and stock appreciation rights , Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii.Eamings for services under non -equity Incentive plans . This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. vi. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax - qualified . vii. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. Recipient agrees to submit the Federal Financial Report(FFR) form SF -425 to EPA no later than ninety (90) days after the end of the grant budget/project period. The EPA requires only the information requested on FFR lines 10d through 10o. A blank FFR is available for completion on the Las Vegas Finance Center's (LVFC) website: http://www.epa.gov/ocfo/finservices/forms.htm The Final FFR form SF -425 must be submitted to: U.S. EPA -Las Vegas FC, P.O. Box 98515, Las Vegas, NV 89193-8515. 3. Recipient agrees to submit, at a -minimum, a quarterly billing (payment) requests) to the EPA, for all eligible, allowable, allocable, necessary and reasonable costs which are incurred for this project/program. A payment request is not required to be submitted in the event that the recipient has not incurred such costs during the quarterly period, but more frequent payments may be requested as costs are incurred. 4. The Recipient agrees that none of the funds provided under this agreement may be used for subawards/subgrants or contracts to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. Congress has prohibited the EPA from using its FY 2010 and/or FY 2011 appropriations to provide funds to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to the EPA Grants Management Specialist listed on the first page of this award document. 5. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 6. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 7 Recipient agrees to comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, effective December 23, 1989. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such expenditure. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Recipient also agrees to include in all solicitation documents the following: "Sub recipients who request or receive from the grant recipient a subgrant, contract, or subcontract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Pudic Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above." 8. Recipient agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled Responsibilities of Participants Regarding Transactions. Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient agrees that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. 9. The recipient agrees to an ongoing, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 40 CFR 36.200 36.230. Additionally, in accordance with these regulations, the recipient must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. - Recipients classified as individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. Details concerning violation of this condition may be found under Title 40 CFR 36.510. 10. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 11. The Recipient agrees if $500,000 or more in total Federal funds is expended in any fiscal year, they will obtain a single audit from an independent auditor according to the guidance provided In OMB Circular A-133. The Recipient agrees that within nine months after the fiscal year end or 30 days after receiving the report from the auditor, they will electronically submit a copy of the data collection form SF -SAC and a Single Audit Report Package to the Federal Audit Clearinghouse Internet Data Entry System. For complete instructions for electronic submission of the SF -SAC and the Single Audit Report Package are located at the Federal Audit Clearinghouse Web site: httQ://harvester cells s rr__, y,�au 12. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub -recipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized' to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)); and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, sub -recipients under this award, and sub -recipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under the award. 13. The Recipient agrees, in accordance with EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recyded paper and are available through the General Services Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). RCRA Section 6002 that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 14. GENERAL COMPLIANCE, 40 CFR, Part 33 - The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D- A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient -The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's assistance agreements from EPA in the current fiscal year is $250,000, or more. The recipient accepts the applicable MBENVBE fair share objectives/goals negotiated with EPA by the Iowa Department of Natural Resources (IDNR) as follows: Iowa Supplies 0.6% 05.6% Equipment 2.5% 10.4% Services 2.5% 11.3% Construction 1.7% 02.2% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as IDNR. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 - The recipient has the option to negotiate its own MBENUBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C - Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the, following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make Information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE WBE MBE/WBE REPORTil1i , 40 CFR, Part 33, Sections 33.502 and s,.503 - The recipient agrees to complete and submit EPA Form 5700-5 Grans � "MBE/WBE Utilization Under. Federal g es Cooperative Agreements and interagencyreements" beginning Federal fiscal year reportingpi '� inni with the period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBEtWBEs are counted toward a recipient's MBEN BE accomplishments. The reports must be submitted semiannually for the periods ending March 31 and September 30. The reports are due within 30 days of the end of the semiannual reportingperiods 30 and October 30). Reports should be sent to ATTN: Grant Assistant. (April E sitmust beuiah90 days after the project period of grant meYour cannot be officially closed without all MBFWBEreports, EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.e a Qov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 = The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) - Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Pro_arammatic Conditions 1. I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term 'assessment' includes, eligible activities under the Comprehensive Environmental Response, Com pensaon, and(CERCLA) 104(k)(2)(A)(I)_such _as - activities _involving the inventory, character n,aasseAmt and planning relating to brownfield sites as described in the EPA approved work plan. sessent, A. Federal Policy and Guidance 1. a. Cooperative Agreement Reciaens By awarding this cooperative agreement, EPA has approved the proposal for the Cooperative Year 2011 competition for Brownfields assessment Agreement five agreements. How) submittedever, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. c. The recipient must comply with Federal cross -cutting requirements. These requirements include but are not limited to, MBEIWBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act and Permits required Water Act; Executive Order 11246, Equal Employment by,anSed imnlem of the Clean regulations at 41 CFR 60-4; Contract Work H urns nd Sa ety Sta dards Actas aenting mended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. d. The CAR must comply with Davis -Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and.repair contracts and subcontracts awarded with funds agreement conducted under assessment a generally do not involve construction, alteration and repair idthitheemeaning of the Davis-Bacon aysB on Act. The recipi nntact EPA's r cer if there are unique circumstances (e.g. removal of anundergoud stoagetan or anothoject er structure and restoration {les to an activity the CAR intends to carry of the site) which indicate that the Davis -Bacon Act applies willa provide guidanceAR i on Davis -Bacon out with funds provided under this agreement. The Agency Act compliance if necessary. B. Eligible Brownfields Site Determinations 1, a. The CAR must provide information to EPA about site-specific work prior to in ung ins costs the under this cooperative agreement for sites that have not already been pre -appy s work plan by the EPA. The information as that rid in §101( 9) ovided of CERC whetherudes or not of the meets the definition of a brownfield owner, and the date of acquisition. b. If the site is excluded frdetermination, tthe general hen the CAR mufinition of a st provide informationnfield, but is s for a property -specific funding sufficient for EPA to make a property-sp ecific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, reen or1ru nonprofit ped property, other purposes. TheCAR must not recreational property, or other property funding determination by incur costs for assessing sites requiring a property -specific EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2. a. For anytroleum contaminated brownfleld site that is not included in the CAR'S EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants dated August 2010 for discussion of this element) documenting that (1) a State has determined that the petroleum site is of relatively low risk, as compared to - -other petroleum -only sites in the State, � "for the site; (2) the State determines there is "no viable responsible party (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site Is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum -contaminated brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the determinations described in 2.a. above. 11. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE RE A. Term of the REQUIREMENTS Agreement 1. The term of this agreement is three years from the date of award, unless otherwise by EPA at the CAR's request, extended 2. If after 18 months from the date of award, EPA determines that the CAR has not progress in implementing its cooperative agreement, the recipient must implement ad orr ect sufficient action plan approved by the EPA PO or EPA may terminate this aa non-compliance with its terms. For purposesagreement for materia) 'sufficient progress" when 35% of funds have ofbeen drawn down and obligated to eligible activities; for ass recipientssessment grants, the demonstrates assessment coalition grants °sufficient progress' is demonstrated when a solicitation for services has been released, sites are if necessary, community involvement activities have been initiaed tan and aeMemhas oranduum been initiated Agreement is in place. 3. The recipient agrees that EPA may terminate this assistance agreement for failure make sufficient progress so as to reasonably ensure completion of theto contioualty period including any extensions. The EPA Projectprojectwithin the proproject examining the performance requiredr Officer will measure sufficient progress by under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availabili of funds necessary to complete the project. 4. Assessment funding for an eligible bronfield site may not exceed $200,000 unless a waiver been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the site. rver has B. Substantial Involvement 1• The EPA may be substantially involved in overseeing and monitoring this cooperative agreement. Substantial involvement by EPA generally includes administrative activities such as professional services contracts. monitoring, reviewing project phases, and approving substantive terms included in b Substantial EPA Involvement also includes brownfields property -specific funding determinations described in LS. under Eligible Brownfields Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a b the statutory prohibition found in section 104(k)(4)(B)()(v) of CERCLA and whether prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under §107 of CERCLA applies.3forThis information on subgrants.) (See Section 11.C.3 for more c. Substantial EPA involvement may include reviewing financial and environmental status d. reports; and monitoring all reporting, record-keeping, and other program requirements. EPA may waive or modify any of the provisions in term and condition Il.B.1., with the exception of property -specific funding determinations, through advice to the recipient. Effect of EPA's substantial involvement includes:. a• EPA's review of any project hese agreement, will not have any effect upon CERCLA §128 Edocument or cost g incurred e Res pone 5 ite determinations or ' his a cooperative ng authorities, and actions under CERCLA or any Federal statute. risible for ensuring that all assessments are protective of human b. The CAR remains irony I with all applicable Federal and State laws. health and the environment and comply that are allowable The CAR and its subgrantees remain responsible for incurring costs c' under the applicable licable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities The CAR must acquire the services of a qualified environmental professional(s) to coordinate,d 1 � particular site, if they direct, and oversee the'brownf eids assessment activities at a ot have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, andthat e tagreemermse is ditbetween ocof this AReement. and subgrant recipients and contractorscomply 3. Subgrants are defined at 40 CFR 3senrices and products nsecegrant to ssary #° for-profit carrY out this organizations. The CAR must obtain commercial as described in 40 CFR 31.36. In agreement under competitive procurement procedures addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. funding 4. The CAR is responsible for assuring that EPA's BrownfieldsAsse sment Gra Brownant Pods received under this grant, or in combination with any other pry Assessment grant does not exceed the $200,000 assessment grant funding limitation r an individual EpiithWaiver funding limit approveby EPA prior to the of funding exceeding $200,000. in no case may EPA funding exceed $350,000 on a site receiving a waiver. CARs expending funding from a community -wide assessment grant on a particular site must include such funding amount in any 5 total funding expended on the site. D. Quarterly Progress Reports 1. The CAR must submit progress reports electronically on a quarterly basis to the EPA Project Officer. Quarterly progress reports must include:— uarter, summary of the a.. Summary of approved activities performed during the reporting q performance outputs/outcomes achieved during te reporting quarter, description of problems encountered during the reporting quarter tthat auar the project schedule and a discussion of meeting the performance outputs/outcomes. b. An update on project schedules and milestones. c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. d. A budget recap summary table with the following information: current approved project budget costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); total remaining funds and draws submitted during the reporting quarter. 2. The CAR must maintain records will ll this it to report t to EPA on thee amount of funds expended on specific properties under as 3. In accordance with 40 CFR 31.40(d), the CAR grehes to inform will materially impaA as ir the ability rto bl meet the delays, or adverse cond�iodnsibecome ov approved plan. outputs/outcomes sped E. Property Profile Submission The CAR must report p interim progress ruied,acontaminants, llnstient tutional and any Enfinal gineering is (i.e., assessment completed, cleanup q Property Profile Controls) by completing and submitting relevant portions of the current approvedCleanup and Form using the Brownfields Program on-line reporting system, known as Assess Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final acwmplishment has occurred, or within 30 day, after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaininga training is required to obtain access to ACRES. The CAR must use the RES �ttem unless The approval is obtained from the regional Project Officer to submit data using the Property Profile Form . F. Final Report The CAR must submit a final performance report electronically within 90 days after the end of the project period. The final report may be submitted in lieu of a final quarterly report with the approval of the EPA project officer. The final report shall include the site names, the work performed at each site and how much was spent at'each site. It should also provide information that documents the outreach efforts by the CAR and other activities that explain how the funding was expended. G. Work Product and Report Submission Format Work products and reports provided to EPA in accordance with this agreement shall be submitted in an electronic format acceptable to EPA, unless otherwise approved by the EPA Current acceptable formats include Microsoft WORD, Microsoft EXCEL or Portable Document Format (PDF). project officer. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k); c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section 111.8. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under 111. 8. 2.; and carrying out community involvement pertaining to the assessment activities. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost -share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfleids site for which the recipient of the grant or subgrant is potentially liable under CERCLA §107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement Prohibited administrative costs include all inriirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, bevnene most contractual costs, supplies, and data processing charges,incurred to comply provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for rnadministration, ce�aewith the i eligible even if the grant recition of costs pient is identified as eligible programmatic required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation of applications for brownfields grants; (2) Record retention required under 40 CFR 31.42; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30; (5) Maintaining and operating financial management systems required under 40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (g) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, ass under tine orders on consent or judicial consent decree issued to or entered by p c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property -specific funding determination. at 4. The CAR must not include management fees or similar charges in excess of the direct costs or "management the rate provided for by the temps of the agreement negotiatede direct costs in order to accumulate and fees or similar charges" refers to expenses reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that may are not t improve under expand A the project funded nce agreements.a der this rragreement similarnt fees or charges to theextent not be used to proof work. authorized as a direct cost of carving out the scope C. Interest -Bearing Accounts and Program Income 1. 2. The CAR must deposit advances of grant funds and program income (Le. fees)in an bearing account. interest a. For interest eamed on advances, CARs are subject to the provisions of 40 CFR §31.21() to remitting interest on advances to EPA on a quarterly basis. b. Interest eamed on program income is considered additional program income. c. The CAR must disburse program income (including income) before requesting additional interest as earned d by program 31.21(f). payments from EPA required 40 CFR IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if implementing regulations. applicable, shall assist EPA In complying with any requirements of the Act and B. Quality Assurance (QA) Requirements 1. When environmental samples are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement assurancepractices sufficient to produce data adequate quality ------ - --- minimize data loss. State law may irate rot objectives__ __ andxa Y � Pose additional QA requirements: In accordance with 40 CFR 31.25(g)(2), the CAR is autho funds awarded by the EPA and use the program income t ed to add program income todi the of this a9feement Pr under the same terms and conditions income r Program income for the assessment CAR shall be defined as the gross received by the recipient, direr earned during the period of the award. directly by the cooperative agreement award or charged for conducting a Program income includes, but is not limited to, fees when the costs for the ass chargedsite characterizations, clean up planningor other to this agreement activities 2. individual or generic Quality Assurance Project Plans this agreement must be submitted for EPA approval (QAPPs) for activities within the scope of and samples. EPA mar � Prior to the collection of environmental data Y equest assistance from a state program with the review and approval of QAPPs for non -state EPA CARs. For this to occur, the state program must be authorized through an approved Quality Management Plan (QMP), to review and approve QAPPs in lieu of EPA. Review and approval of non -state EPA brownfields CAR QAPPs by a state program will be g limited to those instances where there is mutual agreement among EPA, and the CAR), and the non -State EPA CAR agrees participarties.pate in (the state, guidelines established within the State Response Program. Oversight of the stollow the ate's QAPP approval process for Brownfields will be part of the Management Systems Review(MSR) process described in EPA Region 7s QMP. All QA documents will be prepared in'accordance with current EPA requirements as defined in EPA Requirements for Qua/' QA/R-5 (EPA/240/B-01/003, March 2001) and Guidance for Quail Pro� ectEPA EPA QA/G-5 (EPA/240/R-02/009, December 2002) or their subsequent revision. Assurance Prof Plans: C. Completion of Assessment Activities The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. D. All Appropriate Inquiry 1 k 2 B ii and CERCLA §101(35)(B), the CAR shall ensure that a 1. As requiredIitby CERCLA ti n and ss Phase I site characterization and assessment carriedunder abperformed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the 05 practices in ASTM standard E1527-menSProces Practices or EPA's A[I App opriate Inquiries Bina Rule Phase I Environmental Site Assess Requirements and Suggestions on Report Contenf, "All Appropriate Inquiries Rule: Reporting Req preclude the use of funds for (Publication Number. EPA 560-F-06-244). This does not p necessary grantto characterize additional site characterization and assessment activities applicable State standards. the environmental impacts at the site or to comply 2. All Appropriate Inquiries (AAI) final reports produced with'funding from this agreement must comply with 40 C.F.R. earta date at , at a minimum, include the information below. The recipient must complete, signn andd "Reporting Requirements Checklist" for each AAI report its submitted to EPA Project Officers as work conducted under this agreement. Alt AAI repo by a completed checklist. The EPA's products under this agreement should be accompanied Project Officer will provide a copy of the checklist to the recipient. The checklist also is available to grantees on the EPA website at www.epa•g°vlbrowmfields. 1. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. 2. An identification of 'significant' data gaps (as defined in 40 C.F.R. 312.10), if any, in uiry. nt data gaps include missing or thein finable n collected for the information that affects the ability ofof unattainable information the environmental professional to identify conditions indicative of releases or threatened releases of zaropetroleum substances, and as applicable, pollutants and contaminants, pe troleum products, or controlled substances, on, m,or in to thee bjeci t nr property. The regardiTg the documentation of significant data gaps must significance of these data gaps. 3. Qualifications and signature of the environmental professina(s). The environmental professional must place the following statements -in -the -document document: 7l, Wel declare that, to the best offmy, our) professional knowledge and belief, f1, we] meet the definition of Environmental Professional as defined in §312.10 of this part " ."11, Wel have the specific qualifications based on education,s f utrjct experience to assess a property of the nature, history, se property. (1 Wel have developed and performed the all appropriate f inquiries in conformance isdth the standards and practices set forth in 40 CFR Part 312." Note: Please use either 'I' or "We.' 4. In compliance with the mental include report an opinioregarding additional appropriate investgation,ssional f the nvi onmental professional has such an opinion. EPA may review checklists and AAI final reports for compliance with the MI regulation documentation requirements2-05 nyt defi ie part identified during an EPA e requirements of these documents ASTM d 1527-05). by the Y must be correctediby the recipient disallowing they costs fort a entire AAI reportcoasct any identified authorized by 40 deficiencies may result inmay consider CFR 31.43(a)(2). If a recipient willfully fails to correct the deficiencies the Agency other available remedies under 40 CFR 31.43 and 2 CFR Part 180. V. Conflict of interest Appearance of lack of Impartiality A. Conflict of Interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (1) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To -the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. Vi. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c). 2. Payment information is provided to the CAR by the Las Vegas Finance Center. The CAR shall contact the EPA Las Vegas Finance Center P.O. Box 98515, Las Vegas, Nevada 89193-8515, (702) 798-2426, FAX (702) 798-2423 for answers to questions regarding forms utilized to drawdown funds under this cooperative agreement. 8. Schedule for Closeout 1 • Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close out the award when it determines that all applicable administrative actions and all required work of the grant have been completed. 2. The CAR, within 90 days after the expiration or temtination of the grant, must submit all financial, performance, and other reports required as a condition of the grant. a. The CAR must submit the following documentation: 1. The Final Report as described in Ii.F. 2. A Final Federal Financial Report (FFR - SF425). Submitted to: U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 Fax (702) 798-2423 http://www.epa.goWocfo/finservices/payinfo.html 3. A Final MBEIWBE Report (EPA Form 5700-52A), submitted to the regional office. b The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region. c. The grantee must immediately refundto the Feeldoerallaage be re yagency fornce ofse onobllgated grants. (unencumbered) cash advanced thatis 2. Recipient agrees to comply with the following when selecting sub -recipients and establishing sub -awards: a) to establish all sub -award agreements in writing; b) to maintain primary responsibility for ensuring successful completion of the EPA -approved project (this responsibility cannot be delegated or transferred to a sub -recipient); c) to ensure that any sub-award(s) comply with the standards in Section 210(a) -(d) of OMB Circular A-133 and will not be used to acquire commercial goods or services for the recipient; d) to ensure that any sub-award(s) are awarded to eligible Bubb-brg ipieand t losable; ) and that proposed sub -award costs are necessary, bl e) to ensure that any sub -awards) to 501(c)(4) organizations do not involve lobbying activities; f) to monitor the performance of the sub -recipients) and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; to obtairr the appropriate consent from the EPA Project Officer prior to making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and h) to obtain prior approval from the EPA Project Officerfor any n mT th 0£F __ b - award -work -that is-not-outli nehn appy rr p Parts 30.25 and 31.30, as appI Recipient agrees that any questions about the eligibility of a sub -recipient or other issues pertaining to the sub-award(s) will be addressed to the recipient's EPA Project Officer listed on the first page of your assistance award or assistance amendment document. Recipient agrees to be responsible for selection of any sub -recipients) and, if applicable, for conducting sub -award competitions. Additional information regarding sub -awards may be found at 9) htt.://www.e a. ovl••di.uide/subaward-•die art -2 cif. Guidance for distinguishing between vendor and sub -recipient relationships and ensuring compliance with Section 210(a) -(d) of OMB Circular A-133 may be found at: • • htt•://www.e a. ov/o dl uide/subawards-a• •endix-b. •df • • • htt://www p.wt►itehouse.gov/omblfinancial fin single audit Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/23/2012 Prepared: 1/18/2012 Dept. Head Signature: # of Attachments: SUBJECT: Sewer Regulation Ordinance Change Submitted by: Larry N. Smith C611,C-1 4tretitil (39b0(g-- PtC9-4 isp,rgJ- �r'c Safi Recommended City Council Action: Requesting approval to amend Waterloo City Code - Section 8 - Public Utilities - Chapter 3 - Sewer Regulations - Article A - User Charges and Fees (8 -3A -2:A.3) to read as follows: 3. User who are located outside of the limits of the city shall pay double the rates specified herein, (Ord.4261, 10-6-1997) unless an agreement has been reached and signed between the City of Waterloo and the contributing municipality or entity. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Regionalization of the City of Waterloo Waste Water Sewer Treatment Facility. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 8-3A-1 8-3A-2 CHAPTER 3 SEWER REGULATIONS ARTICLE A. USER CHARGES AND FEES SECTION: 8-3A-1: Wastewater Volume 8-3A-2: Determination Of Rates And Charges 8-3A-3: Charges And Fees 8-3A-4: Connection Charges 8-3A-4-1: Building Sewer Connection Charges; Determination 8-3A-4-2: Cross And Lateral Sewer Connection Charges 8-3A-4-3: Use Of Sewer Connection Charges 8-3A-4-4: Permitted Connections 8-3A-4-5: Violations And Penalties 8-3A-1: WASTEWATER VOLUME: A. For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the waterworks or private water supply unless otherwise approved by the superintendent. If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the superintendent and shall pay the appropriate user charges. B. All charges and fees not otherwise provided for in this article shall be set by resolution. (Ord. 4261, 10-6-1997) 8-3A-2: DETERMINATION OF RATES AND CHARGES: A. Each connection to the POTW shall pay user charges in accordance with the following schedule: 1. The maximum quarterly rate shall be based on one hundred percent (100%) of water consumption during the winter quarter as recorded by the Waterloo waterworks. For those users of water City of Waterloo March 2011 8-3A-2 8-3A-2 being billed on a monthly basis by the Waterloo waterworks, the maximum monthly rate shall be based on one hundred percent (100%) of the monthly water consumption. Industrial users will be billed on actual water consumption unless otherwise approved by the superintendent. Any special or private contracts shall be metered at the user's expense. (Ord. 4261, 10-6-1997) 2. Users who have their own private wells shall pay a minimum of fifty three dollars eighty three cents ($53.83) per quarter, unless required to properly meter wastewater flows by the superintendent. (Ord. 4699, 6-14-2004) 3. Users who are located outside of the limits of the city shall pay double the rates specified herein. (Ord. 4261, 10-6-1997) 4. If the rates as specified in this section are not paid when due as required by this section, there shall be added to the rates a penalty of five percent (5%). The clerk shall certify to the county treasurer all sewer rates, charges or rentals and penalties delinquent. (Ord. 4482, 5-29-2001) 5. A surcharge for wastewaters in excess of domestic strength and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula: BOD - $0.10/pound TSS - 0.10/pound TKN - 0.10/pound (Ord. 4261, 10-6-1997) 6. The following sewer rental charge shall become effective upon passage of this section: Minimum monthly charge' Minimum quarterly chargee Per Ccf3 over minimum monthly charge $12.50 37.50 1.98 Notes: 1. Includes first 3 Ccf. 2. Includes first 9 Ccf. 3. Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit. (Ord. 4997, 6-21-2010) March 2011 City of Waterloo ;p1• -r,// lo� Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/30/2012 Prepared: 1/23/2012 Dept. Head Signature: yu, # of Attachments:__ SUBJECT: Establish sewer rates for outside city users Submitted by: Larry N. Smith Cr/in/101 Attnivtk *20p- Kg,Olobso4 2.6v -poi Recommended City Council Action: Requesting to establish rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with City of Waterloo. The agreement will contain details of additional charges in accordance with Waterloo Sewer Use Ordinance and be signed by the Mayor and City Clerk of Waterloo. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Lard 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER 6i'ard 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/30/2012 Prepared: 1/23/2012 Dept. Head Signature: # of Attachments: SUBJECT: Security Services Submitted by: Larry N. Smith /ilitt,00 7/9 -4) -- Recommended City Council Action: Requesting permission to seek bids to provide security services for the Waste Management Services Depai Iinent. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Security services to be provided from 3:OOpm - 7:OOam daily. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 13, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 SULLIVAN PARK SHELTER PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Approve Plans, Specifications and Form of Contract for the 2012 SULLIVAN PARK SHELTER PROTECT and set the date of Public Hearing and Bid Opening as February 20, 2012. Summary Statement: This project is to construct an octagon shelter at Sullivan Park, East 4th Street & Adams Street, Waterloo Iowa. Above -referenced project documents will be available for review in the office of the City Clerk, 715 Mulberry St. and Leisure Services, 1101 Campbell Ave, Waterloo, Iowa. Expenditure Required: No expenditure at this time. Project is estimated at $50,000.00 Source of Funds: Project cost will be funded by a combination of Leisure Services -Park Improvement, G.O. Bond Fund and Waterloo Community Development Block Grant. Policy Issue: NA Alternative: NA Background Information: Waterloo Community Development Block Grant contract signed July 1, 2011 in the amount of $27,500.00, with completion date June 30, 2012. CITY OF WATERLOO Council Communication City Council Meeting January 30`h, 2012 Prepared: January 25th, 2012 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: 0 SUBJECT: F.Y. 2012 West Shaulis Road/Ansborough Ave Contract No. 784 STP -U-8155(711)-70-07 Notice of Public Hearing Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Receive and approve Plans and Specifications as prepared by Kirkham -Michael and Associates and set February 20, 2012 as date for Public Hearing and instruct City Clerk to publish said Notice of Public Hearing. Summary Statement This project will be let by the Iowa DOT on February 21, 2012. . Expenditure Required $2,779,000 Source of Funds Federal STP Funds(80%) or $2,223,200, City Match (G.O. Bond Funds) (20%) or $555,800. Policy Issue N/A Alternative N/A Background Information: In 2009, West Shaulis Road was paved from Hoff Rd. to Ansborough Avenue under Phase I improvements. Now, Phase II improvements extends Shaulis Road from Ansborough Avenue to Highway 21 (Hawkeye Road), and includes paving Ansborough Avenue from Shaulis Road to the Highway 20 interchange. (x) Hourly Rate' $ 1,342.80I RECEIVED JAN 1 0 2012 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Today's Date: 1/6/2012 Effective Date: 1/19/2012 Employment Date: 4/2/2007 Department CULTURAL & ARTS DEPARTMENT Job Title/Classification DEVELOPMENT/MARKETING MANAGER This is to report that the employment of SHANNON FARLOW with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes 0 Resigned ❑ Termination LI Other In accordance with City Policy, it is requested to allow payment which consists of the following: 2012 1/1/-1/19/12 Benefits IVacation -Accrued IVacation -Current ;Usable Sick Leave !Frozen Sick Leave 'Personal Hours 'Comp Time Pay ;Unscheduled Leave !Other Pay Total Hours 60 3 36 0 0 0 0 0 18.65 $ 18.65 $ 18.65 (x) 25% (x) 60% Total Payment; ITotal Payout I $ 1,119.00 $ 55.95 $ 167.85 Comments: Approved by Cammie S Human Resourc Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: / 11 Ing--❑ Accruals ❑Status ❑-9 s , Dir •o Date 1/6/2012 Date t \ i L. Updated 6/28/11 379 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, December 21, 2011, there were present Terry M. Kuntz, Chairman; Rodger Burris, Vice -Chairman; and Mary H. Potter, Trustee. Also in attendance: Ron Welper, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager, and Dennis Clark, General Manager and Secretary. Chairman Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. Councilman Welper stated that he and Councilman Steve Schmitt would be exchanging City Council liaison responsibilities. Beginning with the January 2012 Board meeting, Councilman Schmitt will be the Council liaison to the Waterloo Water Works in place of Councilman Welper. The minutes of the regular meeting of November 23, 2011, were approved as read. adopted. Upon motion, unanimously passed, the following Bills Resolution was BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. NOVEMBER 30, 2011 GENERAL FUND 45501 Collection Services Center 45502 Cedar Valley United Way 45503 ING Life Insurance 45504 Lincoln Financial Group 45505 Public Employees Credit Union Authorized payroll deduction for child support Authorized payroll deduction for United Way Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for credit union 45506 Charles Schwab Institutional Authorized payroll deduction for employee pension contribution EFT US Department of Treasurer Federal withholding tax 45507 ABM Janitorial Janitorial services 45508 Acco Unlimited Corp. 45509 Al Gordon Plumbing & Heating, L. C. 45510 Black Hawk Electrical Co. 45511 Bowers Masonry Concrete 45512 CenturyLink 45513 Crescent Electric Supply 45514 Mike Dolan Concrete & Masonry 45515 Hach Company 45516 Hawkeye International Trucks 45517 Iowa Department of Public Health 45518 Iowa Public Employees Retirement System Chlorine and HFS Repaired water service line at 1806 Franklin Street Replaced light ballast in distribution office and electrical repair work at wells #14, #16, #17 and #20 Final retainage on 2011 Pavement Repairs Service Light socket adapters for well #22 Concrete patching on reservoir roof Water treatment supplies Lock for driver's door and parking brake drum repair on unit #34 Backflow certification renewal fee for one employee IPERS for ten employees 155.53 115.00 3,500.00 40.00 3,036.50 1,196.58 16,218.46 1,041.50 3,711.20 3,800.00 2,254.28 6,156.90 363.93 24.40 5,500.00 915.80 808.45 92.00 5,745.42 380 45519 Menards 45520 Nancy Steffen 45521 Rodney Weatherman 45522 Todd Newgren 45523 Title Services Corporation 45524 Waterloo Water Works 45525 Heidi Oelmann 45526 Ba Mai Nhkum 45527 Cassandra Kelly 45528 Torie Bowers 45529 Josh J. McCain 45530 Megan M. Hilsman 45531 Nickalos Oldham 45532 Virginia Armisais 45533 James & Mary Sullivan 45534 Katherine L. Schoepske 45535 Shauna Zeck 45536 Kimberly M. Stout 45537 Sheena Wendel 45538 Robin Frankhauser 45539 Wendall Bergmann 45540 Preston Kopf 45541 Dale Bright 45542 H & R Block 45543 Ardeth Venne 45544 Terry Whitesell 45545 Donald R. Page 45546 Orren G. Nicholson 45547 PDCM Insurance 45548 Rochester Armored Car Co. 45549 Schimberg Co. 45550 Sensus Metering Systems 45551 United Rentals, Inc. 45552 Van Wert, Inc. EFT State of Iowa Treasurer EFT Treasurer, State of Iowa 45553 Acco Unlimited Corp. 45554 Allen Memorial Hospital 45555 Aspro, Inc. 45556 Black Hawk Waste Disposal 45557 BMC Aggregates, L. C. 45558 The CBE Group, Inc. 45559 C & C Welding & Sandblasting 45560 Coverup, Ltd. 45561 Ferguson Enterprises, Inc. 45562 Hawkeye International Trucks 45563 Steve Kerns 45564 Kwik Trip, Inc. 45565 Travis Larson 45566 Menards Shelves for unit #10 and cartridge filter for shop vac Overpayment on bill Garbage payment refund Overpayment on final bill Overpayment on final bill Reimbursed petty cash for transfer of customer's funds Garbage payment refund M. D. & U. D. refund 45567 Vela Rosalinda 45568 St. Demetrias Church 45569 Quenesha Martin 45570 Neh Reh 45571 William Guegg 45572 Robert Groomes 45573 Tanniaah S. Spates 45574 Steven Parshall 45575 Hollie Tiller II {f if f It II II If II fl {I f( If it fl fl M. D. refund M. D. & U. D. refund C it If if Various insurance policies Armored car service Hydrant extension Recalibrated large meter Safety t -shirts Meter reading service Sales tax State withholding tax Chlorine & HFS Drug testing for one employee Cold mix Waste disposal Fill sand and roadstone Collection fee Aluminum for tool rack on unit #10 Toppers for units #7 and #10 Pipe nipples Mirror for unit #33 Reimbursement for cell phone Fuel for vehicles Reimbursement for cell phone Kitchen supplies, batteries, saw blades and plywood for shelving Overpayment on final bill Overpayment on bill M. D. & U. D. refund fl fl I( B II f 15.73 104.55 144.25 39.50 111.07 60.54 105.00 76.00 50.71 37.69 3.37 9.88 22.79 5.07 31.69 27.69 37.69 23.28 37.69 1.59 58.69 34.69 26.42 2.87 46.00 46.00 46.00 36.21 3,677.17 234.76 362.25 874.15 59.96 4,330.80 11,011.53 6,065.00 7,232.70 23.00 650.23 94.00 171.78 55.13 113.36 1,830.00 64.63 85.87 50.00 3,367.80 50.00 243.03 41.81 123.73 17.91 76.00 72.02 8.33 5.07 27.69 46.00 45576 Matt Parrott/Storey Kenworthy 45577 PDCM Insurance 45578 Radio Communications 45579 R Company, Inc. 45580 Sandee's 45581 Sensus Metering Systems 45582 Service Signing, L. C. 45583 St. Luke's Drug & Alcohol Testing Services 45584 Utility Equipment Co. 45585 Rick Wilberding 45586 Collection Services Center 45587 ING Life Insurance 45588 Lincoln Financial Group 45589 Public Employees Credit Union 45590 Charles Schwab Institutional Business cards for S. Kerns Various insurance policies and additional cost for new units #7 & #10 Installed antenna mount and fuse holder on unit #7 and antenna kit on unit #10 Killed and plugged service line at 1300-1304 Commercial Street Ink for stamp pads Meters and registers Traffic control at two locations Drug testing for one employee Copper pipe Reimbursement for cell phone Authorized payroll deduction for child support Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for credit union Authorized payroll deduction for employee pension contribution 45591 Teamsters Local Union Authorized payroll deduction for #238 union dues EFT US Department of Treasurer Federal withholding tax 45592 AECOM Engineering design services for Highway 63 Water Main Reconstruction 45593 Aramark Uniform Services Towel service 45594 B & B Lawn Care, Inc. Mowing well fields 45595 Black Hawk County Auditor Water and sewer bond fees 45596 Black Hawk County Data processing for October Treasurer, MIS 45597 Black Hawk Memorial Co. 45598 BMC Aggregates, L. C. 45599 Campbell Supply 45600 City of Raymond 45601 City of Waterloo 45602 Community National Bank 45603 Hogan & Hansen 45604 Hupp Electric Motors 45605 Iowa Department of Public Health 45606 Menards 45607 Kenneth L. Seavy, Jr. 45608 Kondaur Capital Corp. 45609 Jason Taylor 45610 Mary A. Miller 45611 Tyson Carter 45612 Michael Aswegen 45613 Manette K. Scallon 45614 Latoya Simmons 45615 Ly Nguyen 45616 Tonya J. Gebhardt 45617 Sheri Melby 45618 Office Concepts, Ltd. Sandblasted pieces of metal for Washburn pressure reducer valves Fill sand and roadstone Rags Sewer bond, garbage and yard waste fees Sewer, garbage and storm water Bank charges for October Payroll and consulting services New electric motor for booster pump at well #17 Backflow certification registrations for four employees Stepladders, thermostats, sump pump, small fittings, chainsaw bar oil, chest handles and pipe thread sticks Overpayment on bill Overpayment on final bill M. D. & U. D. refund 381 32.35 11, 094.40 481.41 1,800.00 9.50 24,606.23 550.00 37.00 437.00 50.00 155.53 3,500.00 40.00 3,036.50 1,207.49 744.00 17,253.65 11,339.89 250.34 1,680.00 8,191.60 6,172.88 60.00 356.10 99.49 10,322.71 1, 015, 530.07 428.50 582.68 1,609.47 tt !t ❑ tt B it It tt ❑ It tt tt It It tt tt it it it Envelopes tt tt it It tt It it 288.00 555.79 27.12 51.94 105.00 58.97 34.39 14.51 41.38 46.44 46.00 8.22 105.00 1,329.70 382 45619 Peterson Contractors, Inc. 45620 Radio Communications 45621 Sensus Metering Systems 45622 Storey Kenworthy 45623 Test Gauge and Backflow Supply, Inc. 45624 Utility Equipment Co. 45625 The Courier 45626 Waterloo Water Works 45627 Iowa Department of Natural Resources EFT Treasurer, State of Iowa 45628 Benton's Sand & Gravel 45629 Campbell Supply 45630 Craft Cochran Screen Print 45631 Dex Media East, Inc. 45632 HD Supply Waterworks, Ltd. 45633 Johnstone Supply 45634 Keystone Laboratories, Inc. 45635 Ryan Manahl 45636 Menards 45637 Robert Fischels 45638 Progressive Tools Co. 45639 Kurtis J. Foley 45640 Rebecca R. Bell 45641 Henry Bratten 45642 Athena Speller 45643 Arden Brookman 45644 Elsa Diaz 45645 Britany L. Stevens 45646 Eric Strauss 45647 Matt Parrott/Storey Kenworthy 45648 PCNation 45649 Postmaster 45650 Rydell Chevrolet, Inc. 45651 Scot's Supply 45652 Sensus Metering Systems 45653 Storey Kenworthy 45654 TestAmerica Laboratories 45655 Utility Equipment Co. 45656 Veenstra & Kimm, Inc. 45657 Wes Vogel 45658 Waterloo Implement, Inc. 45659 Wellmark Blue Cross Blue Shield 45660 Waterloo Water Works 45661 Rudo, Inc. 45662 Collection Services Center 45663 Cedar Valley United Way 45664 ING Life Insurance Hydrant M. D. refund Monthly access fee and pager rental Two Targe meters Pens, paper, calendars, appointment books, desk pads and envelopes Valve seats for backflow test gauges Fittings Legal ads Reimbursement of city service fees Water operator certification exam fees, J. Conkling State withholding tax Top soil Gas can, curved files for water main maintenance and chisel Decals for vehicles Telephone book advertisement Main valve rubbers for hydrants Parts for furnace installation at wells #14 and #17 Water sampling Reimbursement for uniform cost Screwdrivers, electrical tape, polycrylic gloss for meters and supplies for furnace installation at wells #14 and #17 Overpayment on final bill Overpayment on final bill M. D. & U. D. refund 275.00 154.00 1,950.00 131.58 68.86 477.44 113.60 10, 318.59 60.00 13,000.00 424.51 140.57 it ft if if it Overpayment on final bill Uniform shirts and hats for new employee New printer for bookkeeper Postage New brakes for unit #2 Supplies for maintenance of pressure reducer valves in Washburn Meters Typewriter ribbons Water sampling Curb box repair sleeves Engineering design for Kimball Avenue Water Tower Rehabilitation Reimbursement for uniform cost Cutting edge for snow blade Medical insurance Reimbursed petty cash for postage, copies, kitchen supplies and keyless remote repair Refunded balance of water kill deposit at 1304 Commercial Street Authorized payroll deduction for child support Authorized payroll deduction for United Way Authorized payroll deduction for deferred compensation 208.00 35.10 517.65 196.36 970.50 13.33 160.82 110.96 168.74 34.39 43.58 41.38 23.44 37.69 75.00 11.94 37.00 270.00 279.90 3,000.00 405.41 22.59 4,671.00 10.70 178.00 89.69 2,450.00 20.00 63.12 39,946.19 35.33 700.00 155.53 115.00 3,500.00 383 45665 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 45666 Public Employees Credit Authorized payroll deduction for 3,036.50 Union credit union 45667 Charles Schwab Institutional Authorized payroll deduction for 1,214.03 employee pension contribution Payroll 85,034.02 $1,396,392.61 The General Manager presented the Monthly Financial Report as of November 30, 2011 as follows: November 1, 2011 Balance $5,138,072.98 Receipts 538,863.17 Disbursements 350,404.73 November 30, 2011 Balance $5,326,531.42 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 369,244.81 Repairs & Rehabilitation Fund 270,528.87 General Fund Balance 4,356,757.74 $5,326,531.42 It was moved, seconded and unanimously approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of November 30, 2011 as follows: Operating Revenue Operating Expense Non -Operating Revenue Non -Operating Expense Capital Expense 2010 $6,187,366.14 4,508,209.63 $1,679,156.51 224,512.00 47,831.48 1,066,727.98 $ 789,109.05 2011 $6,713,151.50 4,545,871.97 $2,167,279.53 516,360.31 42, 048.94 844,109.81 $1,797,481.09 It was moved, seconded and unanimously approved to receive and place on file the Revenue and Expense Summary. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for pave box repair at 148 Summit Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $536.28, which is supported by invoice from the Waterloo Water Works and Frickson Backhoe & Trucking, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the pave box at 148 Summit Avenue, which is located on Lot No. Eleven (11) in Jenks and McQuilkins Subdivision in the City of Waterloo, Black Hawk County, Iowa, and owned by Walter A. Hansen and Lois I. Hansen. WHEREAS, the property owners did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and assessed to the property. 384 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for pave box and service line repair at 1324 Grant Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,895.17, which is supported by invoice from the Waterloo Water Works and Frickson Brothers Excavating, showing the work necessary to repair the pave box and service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box and service line at 1324 Grant Avenue, which is located on the West Forty (40) feet of Lot Five (5) Block No. One (1) Miller's Fifth Addition, Waterloo, Black Hawk County, Iowa, and owned by Stephen W. Baker. WHEREAS, the property owner did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box and service line, the Waterloo Water Works caused the pave box and service line to be repaired and assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 821 West 8th Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,983.60, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 821 West 8th Street, which is located on Lot 1, Block 8, Johnson's Addition to Waterloo, Iowa, Black Hawk County, and owned by Michael J. Wieland. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. 385 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 919 Hammond Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,636.00, which is supported by invoice from Bergen Plumbing Heating Cooling, Inc., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 919 Hammond Avenue, which is located on Lot No. Eleven (11) in Block No. One (1) in Russell Heights in the City of Waterloo, Iowa, Black Hawk County, and owned by Jason N. Shaner and Tammy R. Shaner. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 232 Gable Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,365.00, which is supported by invoice from Frickson Backhoe & Trucking, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 232 Gable Street, which on Lot No. 9, Block Six (6), Manson's Second Addition in Waterloo, Iowa, Black Hawk County, and owned by Hattie M. Middleton as Deed Holder, and Hollins House Outreach Center/Housing, a corporation, as Contract Purchaser. WHEREAS, the contract purchaser notified the Waterloo Water Works that the contract purchaser desired to have the cost of service line repair assessed to the property taxes. After conversation with the contract purchaser, the contract purchaser voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. 386 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The Board adjourned for the Pension Committee Meeting at 8:20 a.m., and reconvened at 9:37 a.m. After discussion in the Pension Committee meeting, it was moved by Burris, seconded by Potter and unanimously approved to authorize Pension Fund investment services from Tom Barbatti of Net Worth Advisors and to authorize all Pension Fund services, including investment services, from Stacie Brass of the Accel Group. Rehabilitation of the three elevated 1 -million gallon water storage tanks is a top priority of the Water Works, and is called out as Phase 1 -Priority 1 Project in the 2008 Master Plan. In 2009, the Water Works completed rehabilitation of the first water tower on Linden Avenue. The University Avenue water tower was rehabilitated in 2010. The 2012 Capital Improvement Plan, as part of the 2012 Budget, includes $800,000 plus $120,000 contingencies for the Kimball Avenue Water Tower Rehabilitation Project. The budget also includes $24,500 for Engineering Design and Construction Review. In 2009, the Linden Avenue Water Tower Rehabilitation Project was completed at a total cost of $618,211.15, plus $21,500 for Engineering Design and Construction Review. In 2010 the Water Works completed the same work on the University Avenue water tower at a total cost of $699,384.00 plus $22,500 for Engineering Design and Construction Review. Veenstra and Kimm provided engineering services for both the Linden and University Avenue tower projects. In July 2011, the Board approved the Professional Services agreement with Veenstra and Kimm for rehabilitation of the Kimball Avenue water tower. A recent climb and inspection of the Kimball Avenue water tower with the project engineer indicated project concerns. All exterior surfaces have coating failure. These areas will require complete external sandblasting. External blasting was not required on the Linden Avenue tank, while University Avenue required partial external blasting. In the interior, several members of the roof trusses are in very poor condition, which will require cutting and removing steel at least as extensively as at University Avenue. Due to the required sandblasting, and the close proximity to Ivanhoe Road and Kimball Avenue, as well as adjacent residences, the work zone will need to be draped to capture fugitive dust and paint. Due to the increased scope of work on the Kimball Avenue project, the engineer has prepared a preliminary estimate of cost of $805,750.00. If the estimate is accurate, the cost of the project will exceed the budgeted amount, and will require use of a portion of the contingency. However, with the project rated as a Phase 1 - Priority 1 Project, and with the ongoing deterioration of the tank, it is advisable to proceed as soon as possible. It was moved by Burris, seconded by Potter and unanimously approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. It was moved by Burris, seconded by Potter and unanimously approved to receive, place on file and preliminarily approve plans, specifications, form of contract, etc. 387 It was moved by Burris, seconded by Potter and unanimously approved to adopt a resolution to instruct the General Manager to publish notice of plans, specifications, form of contract, etc., and taking of bids; and to set the date of Public Hearing as January 25, 2012. At the October 26, 2011 Board of Trustees meeting, it was approved to authorize a Professional Services Agreement with Nilles Associates for the Waterloo Water Works portion of the Dewitt and Ranchero Roads Water Main Extension Project. The Dewitt Road water main will extend from a point near the John Deere Supervisor's Club southerly below U.S. Highway 20, and then continuing south to the intersection of Dewitt and Ranchero Roads. A dry water main was installed at Dewitt Road below Highway 20 at the time that the highway was built. Water Works staff has reviewed old records to determine the location and condition of the 20 -inch dry water main. Records indicate that in 1984, the Water Works hired a contractor to install a 20 -inch water main below the proposed four -lane paving at Dewitt Road. On each side of the road, just outside of the paving and below the shoulder, a 12 by 20 - inch reducer and an 11.25 -degree bend was installed. After the bend, a 12 -inch main was extended further away and up from the road, eventually to 22.5 -degree bend and more 12 -inch pipe. The 1984 highway -crossing pipe terminates near the north and south IDOT right-of-way lines. To construct the Dewitt main, the most economical solution is to tie onto the existing 1984 water main for use below the highway. A concern with this solution is that the mechanical fitting bolts at the reducer and 11.25 -degree bend just outside of the paving will eventually corrode and give way. Similar fittings and pipe installed by John Deere in 1976 at the nearby Engine Works have been failing and were completely replaced two years ago. A main break at this location could be severe and the first indication of the main break could be damage to Highway 20. Other concerns include that the water flowing through the 20 -inch water main would be slower than through the 12 -inch water main. With the 20 -inch water main at the lowest elevation of the existing water main, mineral sediment will form in the 20 -inch water main, which would be difficult to scour out by flushing. In discussion with the engineer, two alternatives were considered. One alternative would include excavating just outside of the traveled portion of the highway, and extend the 20 -inch water main to beyond the IDOT right-of-way. The second and preferred alternative is to bore a new casing pipe, which would extend north and south of the IDOT right-of-way limits. Either solution would then likely use a jointless HDPE pipe with a valve on each end, just outside of the casing. In addition to the additional engineering work, soil borings should be taken just outside of the right-of-way limits, to insure that soil conditions are appropriate for installation of the proposed casing. Nilles Associates will coordinate the work of the geotechnical engineer. The cost of the services of the geotechnical engineer will be billed directly to the Waterloo Water Works. The Project Engineer, Nilles Associates, has prepared a revised Agreement for Professional Services, including design and construction of a new casing and water main pipe crossing the Highway 20 right-of-way. The fees for the services are listed on Exhibit C. The Dewitt Road section is proposed at a not -to - exceed total of $43,600, plus $9,500 for the installation of a casing and water main at Highway 20. Geotechnical services are estimated at approximately $5,000 and will be paid for the Waterloo Water Works. The above costs, totaling $58,100, compares to budgeted estimated engineering costs of $52,290. The project has a budgeted contingency of $72,000. It was moved by Potter, seconded by Burris and unanimously approved to authorize the revised Professional Services Agreement with Nilles and Associates and payment of geotechnical services for the Dewitt Road Water Main Extension Project, and to authorize execution of appropriate documents by the General Manager. 388 Service Roofing Company has completed the 2011 Reservoir Roof Repair Project. The original contract amount on the project was the sum of $116,931.00. Due to a contractor error regarding di g t 5e payment a m nt of sales tax, a credit of $1,107.00 is due, for a final contract amountof Mike Dolan Concrete and Masonry repaired the concrete surface of the roof in preparation for the new roof, at a cost of $5,500.00. The total project cost, including Service Roofing and Mike Dolan, is the sum of $121,324.00. Preliminary estimates for the project ranged from $150,000 to $300,000, depending on the roofing system selected and the amount of concrete repair required. Service Roofing Company has submitted the necessary closeout documents, including lien waivers, sales tax forms, and a 2 -year maintenance bond. It was moved by Potter, seconded by Burris and unanimously adopted to approve completion of the project and acceptance of work performed by Service Roofing Company for the 2011 Reservoir Roof Project. The current form of Contract for Water Service in the Rules and Regulations requests that the customer include their Social Security Number. The contract is provided on a postcard, which the customer can complete and return with postage paid by the Waterloo Water Works. Privacy concerns for customers and liability issues for the Water Works would suggest that completion of the Social Security Number be eliminated. Attached is an updated Contract for Water Service postcard, without a blank area for providing the customer's Social Security Number. It was moved by Potter, seconded by Burris and unanimously approved to adopt the following resolution: Section 1.2 Form of Contract for Water Service RESOLUTION WHEREAS, the Application Contract for Water Meter, Water Service, Sewer Service, Garbage Collection and Storm Water Fee is signed by customers who may be an owner, agent for owner, or tenant for the purpose of obtaining utility service and agreeing to pay for said service. WHEREAS, all customers from the establishment of the Waterloo Water Works on January 12, 1910 have signed a contract which includes agreement to be responsible for, and pay all water rents for the property or properties under contract. WHEREAS, a revision to the contract will provide a better understanding that water service may be discontinued at any or all accounts unless all utility payments are made. WHEREAS, adoption of a revised Application Contract for Water Meter, Water Service, Sewer Service, Garbage Collection and Storm Water Fee will cause all current and existing customers to be governed by the revised contract. THEREFORE BE IT RESOLVED, to adopt the following effective December 21, 2011: 389 WATERLOO WATER WORKS, P.O. BOX 27, WATERLOO, IA 50704 WATERLOO WATER WORKS BOARD OF TRUSTEES APPLICATION CONTRACT FOR WATER METER, WATER SERVICE, SEWER SERVICE, GARBAGE COLLECTION AND STORM WATER SERVICE DATE: YEAR: A SUPPLY OF WATER, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES IS DESIRED AT THE PREMISES KNOWN AS STREET, WATERLOO, IOWA, AND THE UNDERSIGNED (OWNER) (AGENT FOR OWNER) (TENANT) OF THE PROPERTY ABOVE REFERRED TO, IN CONSIDERATION OF A WATER SUPPLY, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES TO BE FURNISHED BY YOU FOR SAID PREMISES, HEREBY AGREES TO BE RESPONSIBLE FOR, AND PAY ALL WATER RENTS, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES, THEREFORE, UNTIL WRITTEN NOTICE IS GIVEN YOU AT THE OFFICE OF THE WATER WORKS IN SAID CITY, THAT HE/SHE IS NO LONGER THE OWNER, TENANT OR AGENT OF SAID PROPERTY. I AGREE THAT IN THE EVENT THAT ANY PORTION OF THE COMBINED BILL FOR WATER, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES TO THE ABOVE PREMISES IS NOT PAID WHEN DUE OR IN THE EVENT A COMBINED BILL FOR SUCH SERVICES REMAINS UNPAID WITH RESPECT TO ANY OTHER PROPERTY FOR WHICH I HAVE SIMILARLY CONTRACTED, WATER SERVICE TO THE ABOVE PREMISES MAY, IN THE DISCRETION OF THE WATERLOO WATER WORKS, BE DISCONTINUED UNTIL SUCH COMBINED BILL OR BILLS ARE PAID. I FURTHER AGREE TO PERMIT ANY OFFICIAL OR EMPLOYEE OF THE WATER WORKS TO ENTER THE PREMISES OR BUILDINGS AT ALL REASONABLE HOURS FOR THE PURPOSE OF READING METERS, TO EXAMINE PIPE AND FIXTURES AND THE MANNER IN WHICH WATER IS USED, AND TO ABIDE BY AND COMPLY WITH ALL RULES AND REGULATIONS GOVERNING CONSUMERS NOW IN FORCE, OR WHICH MAY BE HEREAFTER ADOPTED BY SAID BOARD OF WATERLOO WATER WORKS TRUSTEES AND TO BE RESPONSIBLE FOR, AND PAY FOR ANY DAMAGE TO THE WATER METER TO BE INSTALLED BY YOU AT SAID PREMISES ABOVE SPECIFIED, NATURAL WEAR EXCEPTED. SEND BILLS TO CUSTOMER SIGNATURE MAILING ADDRESS DATE OF BIRTH PHONE # OWNER, AGENT FOR OWNER, TENANT The Board of Trustees adopted standards for second meters to adjust sanitary sewer charges in June 1992, as Rule and Regulation 3.7 Second Meter or Deduct Meter. The City of Waterloo allows exemptions to sewer charges by commercial accounts for non -sewer consumption of water, such as air conditioners, process water, water put in a product, and for irrigation. The exempt water consumption is required to be metered to qualify for the sewer charge exemption. Sewer exemption metering is considered when requested by the customer. A standard of installation of a second water meter for the purpose of determining the water usage to the sanitary sewer system is provided with Alternates #1, #2 and #3. The appropriate alternate would be used depending on the customer's plumbing and type of non -sewer usage. 390 Regulation 3.7 states that the second or deduct meter is "purchased and installed by the customer". Customer purchased meters may not register properly or be compatible with our meter reading equipment. In addition, a meter set by a customer may not be set to the current Water Works regulations for meter settings. It was moved by Burris, seconded by Potter and unanimously approved to adopt the following updated Regulation 3.7 Second Meter or Deduct Meter. Section 3.7 Second Meter or Deduct Meter WATERLOO WATER WORKS STANDARD FOR INSTALLATION OF A SECOND WATER METER FOR THE PURPOSE OF DETERMINING THE WATER USAGE TO THE SANITARY SEWER SYSTEM. Alternate #1: The preferred meter arrangement for separate measurement. CITY WATE w a. 0 as Water Service BUILDING "A" apt Domestic Water Discharged to Sewer TIB,T Process Water that is not Discharged to Sanitary Sewer The meter at "A" is installed for the purpose of measuring all water consumption and is the basis for water charges by the Waterloo Water Works. The meter at "B" is purchased by the customer from the Waterloo Water Works. The Waterloo Water Works will install the meter, subject to all other current Rules and Regulations regarding meter settings, to measure only the water discharged to the sanitary sewer and is the basis for the sewer charges. Alternate #2: This method may be required because of the customer's interior plumbing system. CITY WATE Water Service "A" S -i 0 a Domestic Water Discharged to Sewer nBn #Q Lyrocess Water that is not Discharged to Sanitary Sewer BUILDING The meter at "A" is installed for the purpose of measuring all water consumption and is the basis for water charges by the Waterloo Water Works. The meter at "B" is purchased by the customer from the Waterloo Water Works. The Waterloo Water Works will install the meter, subject to all other current Rules and Regulations regarding meter settings, to measure only the water that is not discharged to the sanitary sewer and is therefore deducted from the water consumption at meter "A" for the basis for sewer charges. 391 WATERLOO WATER WORKS STANDARD FOR INSTALLATION OF A SECOND WATER METER FOR THE PURPOSE OF DETERMINING THE WATER USAGE TO THE SANITARY SEWER SYSTEM. Alternate #3: This method may be used when it is necessary to have separately metered and billed accounts for domestic water discharged to sewer and for a non-domestic non -sewer discharge. SHUT OFF VALVE w z H a PROPERTY WATER SERVICE BUILDING "A" DOMESTIC WATER 40,DISCHARGED TO SEWER "B" NON-DOMESTIC 0 NON -SEWER DISCHARGE The meter at "A" is installed for the purpose of measuring all domestic water discharged to sewer. The meter at "B" is installed for the purpose of measuring all non-domestic non -sewer discharge. The meter at "A" is charged for water and sewer use. The meter at "B" is charged for water use only. Both meters are charged the minimum charge plus the regular water rate for water usage. Both meters must have a remote meter reader system. Both meters must be in place at all times or both meters must be removed, not one meter in service and one meter out of service. However, meter "B" may be disconnected at the customer end and no minimum bill would accrue for a maximum period of six months while the meter is out of service. The same customer must be signed for both meters and understand that if a shut off at the pave box occurs for non-payment or any reason, both metered accounts are out of service, Alternate #3 requires the customer to sign a supplement to the application contract for water, sewer, garbage collection and storm water services. Alternate #1, #2 and #3 adopted by the Waterloo Water Works Board of Trustees on June 26, 1992, and recorded in Minute Book 18, Page 4. Supplement to the Application Contract for Water, Sewer, Garbage Collection and Storm Water Services at Waterloo, Iowa, , 20 A second water meter is desired to be installed according to the standard for installation of a second water meter for the purpose of determining the water usage for non -sewer discharge according to Alternate #3, which requires that: 1. Both water meters are charged the minimum charge plus the regular rate for water usage. 2. Both water meters must have a remote meter reading system and will be subject to all other current Rules and Regulations regarding meter settings. 3. Both water meters must be in place at all times or both water meters must be removed, at no time shall one meter be in service and one meter out of service. Water meter installation or removal shall be only by the authorized representative of the Waterloo Water Works. 392 4. When the second water meter is installed for any reason or for seasonal water usage, the water meter shall be in service for a minimum of six (6) months. 5. The customer will be subject to water charges at regular rates when water usage is recorded in any billing period. 6. The same customer must be signed for both meters serving both metered accounts. 7. The customer agrees that if a shut off at the pave box/curb stop occurs for non-payment or for any reason, both metered accounts will be out of service. 8. The customer certifies that the second water meter is a non -sewer discharge and therefore eligible for sewer exemption. I have read the application contract and the supplement to the application contract and agree to all provisions. X Customer Signature Dennis Clark distributed a list of proposed travel requests, dues and conferences that are anticipated to be attended in 2012. Also listed were the 2011 proposed and actual costs, year to date. Continuing education is necessary to renew Water Operator Certificates, Engineering License, and to stay current with the best practices for operation of the Waterloo Water Works. In addition, the Water Works is a member of trade and business organizations, and is required to pay an annual Water Fee and Use Permit, as well as construction permits for certain projects, to the Iowa Department of Natural Resources. The 2012 budget includes $40,000 for the above items. Highlights and changes for 2012 include continuing employee training for certification for back-flow testing, traffic safety training, several employees continuing to work for higher level water operator certifications, sending two employees to national conferences, (in 2012, Mary Ratkovich to AWWA Customer Service Conference, if available, and Dennis Clark to AWWA Annual Conference and Exhibition), program attendance to attain documented continuing education for Water Operator Certification renewals, and substantial training and self study reference materials. It was moved by Potter, seconded by Burris and unanimously approved to authorize the Dues, Conferences and Travel expenses for 2012 as submitted. The General Manager distributed recommendations for 2012 employee pay rate wages for non -bargaining office and management employees. The recommendations follow the general guide of a 2.5 percent wage increase, matching the increase of bargaining unit member. The recommended General Manager increase is 1.0 percent. Effective January 1, 2012, employees covered by the Water Works Pension Plan will increase their contribution from 2.867 percent to 4.50 percent. In 2013 and 2014, employees will contribute 5.38 percent and 5.78 percent, respectively. It was moved by Burris, seconded by Kuntz and unanimously approved to increase the management, supervisory, and office salaries effective January 1, 2012 as follows: Dennis Clark DEPARTMENT MANAGERS Tim Robbins Mary Ratkovich Rick Wilberding METER DIVISION MANAGER David Cunningham 2012 Rate $105,865.00 $79,919.00 $72,380.00 $79,919.00 $27.64 393 PUMPING STATION MANAGER Travis Larson DISTRIBUTION DEPT FOREMAN Steve Kerns ENGINEERING TECHNICIAN Brian Johnson DISTRIBUTION CLERK Stephanie Moore OFFICE EMPLOYEES Carla Manahl Dorothy Hacker Chavonne Hoskins Jamie Holtzman Pamela O'Connor Angie Ernst Annette Shepherd Sue Sperry $27.64 $27.64 $27.64 $17.94 $19.23 $18.76 $19.21 $18.21 $19.29 $17.56 $17.85 $17.12 The following items were reported by management: The water pumpage information for November 2011 was 2.06% Tess than November 2010. Water pumpage for the first 11 months of 2011 was 1.54% more than the first 11 months of 2010. An updated Salary and Benefit Summary schedule was distributed to the Board. A list of several major projects and initiatives currently underway or planned for 2011 was presented to the Board. 8:00 a.m. The next regular meeting is scheduled for Wednesday, January 25, 2012 at Upon motion, the meeting was adjourned at 9:54 a.m. BOARD OF TRUSTEES Secretary Voucher Prepared by: Pauline C. January 23, 2012 Vendor Name Address City & State Invoice Date Vieth Construction ************************************* CITY OF WATERLOO PAYMENT VOUCHER Vendor No. Finance Dept Only Batch No. Keyed By Department: Engineering Grant/Project Code # 07VIPPORT 9002 A013012 Invoice No. Qty/Unit Amount Description G/L Distribution 1/20/12 27 $9,997.85 Contract No. 734 Est. No. 27 $44,743.33 Cedar River Water Trail (Portages) Period Ending 1/13/12 Spe IInstructions: / ) nA�r✓ Submitted By: Total $54,741.18 1/23/12 407-07-7610-2175 408-07-7610-2175 Date Approved By: Date An Equal Opportunity/Affimative Action Employer Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER January n23, 2012 Vendor Name Address City & State Veith Construction ************************************* Department Engineering Grant/Project Code # 07BIPRWCE Invoice Date Invoice No. Qty/Unit tY Amount Description 1/20/12 18 Contract 786 Est. # 18 $8,055.76 River Loop North Downtown Trail $1,790.17 Construction $12,531.17 Period Ending 1/13/12 Special Instructions i/..C.1 V � Submitted By TOTAL 22,377.10 9002 A013012 G.L. Distribution 290-07-7355-2156 290-07-7355-2156 424-07-7355-2156 1/23/12 Date Approved By An Equal Opportunity/Affirmative Action Employer Date Payment voucher prepared by: Pauline Closso C January 23, 2012 Vendor Name Address _C R Stats Invoice Date Peterson Contractors Inc. ************************************* CITY OF WATERLOO PAYMENT VOUCHER Vendor No. Department: Engineering Grant/Project Code # 07 VIP PUMP Invoice No. Qt /Unit Amount Description 1/19/12 18 Speci nstructions g Submitted By City Contract 801 Est # 16 Cattle Congress $427.50 Storm Water Improvements Div. 1 $855.00 Division II Sanitary Pump Station Period ending 1/13/12 TOTAL $1,282.50 1/23/12 Date Approved By An Equal Opportunity/Affirmative Action Employer 9002 A012312 G.L. Distribution 424-07-7505-2171 620-14-5200-2163 e Voucher Prepared by Pauline C January 24, 2012 Vendor Name Address City & State JDE Engineering CITY OF WATERLOO PAYMENT VOUCHER ************************************* Invoice Date Invoice No. 1/21/11 2011-0049 Special Instructions: Submitted By Qty/Unit 9002 A013012 Vendor No. Department: Engineering Grant/Project Code # 07STR(712 Amount Description G/L Distribution 1,425.00 Contract No. 801 Est. No 1 290-07-7500-2103 1,425.00 F.Y. 2012 Geraldine Road Phase II 205-07-7500-2103 RM -8155(727)--9D-07 Nov. 28 thru Dec. 23, 2011 Total $ 2,850.00 1824/12 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer Vouchers Prepared b: Pauline C January 23, 2012 Vendor Address City & State City & State Invoice Date AECOM ************************************* 1/10/12 Special Instructions: Inv. # Qty/Unit CITY OF WATERLOO PAYMENT VOUCHER 9002 A012312 Vendor No. Batch No. Keyed By: Department Engineering Department Amount Description Grant/Project Code # G/L Distribution 3 37198220 26,117.42 Virden Creek Floodgate U.S. 63 to 4th Street 411-07-5600-2103 11/19/11 thru 1/6/12 Contract # 813 small project Bond money Total $ 26,117.42 01/23/12 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER December 9, 201 Vendor Name AECOM Address City & State ************************************* Invoice Date Invoice No. Qty/Unit 1/10/12 1/10/12 1/10/12 1/10/12 Specjallnstru '.ns Submitted By 37198224 37198224 37198224 37198224 Department Engineering Grant/Project Code # 07LTF 5007 Amount Description $1,557.83 Blowers Creek Design EDA 75% $6,863.85 Dry Run Creek Design EDA 75% $519.28 Blowers Creek Design CDBG 25% $2,287.95 Dry Run Creek Design CBDG 25% TOTAL 11,228.91 1/23/12 Date (hi) 75%25 Approved By An Equal Opportunity/Affirmative Action Employer G.L. Distribution 290-07-5300-2103 290-07-5300-2103 290-07-5300-2103 290-07-5300-2103 Date 9002 A121911 07 LFT 5007 07 LFT 5007 07 LFT D078 07 LFT D078 Vouchers Prepared by Pauline Closson CITY OF WATERLOO 9002 PAYMENT VOUCHER . A013012 Janusry 23, 2012 Vendor Address City & State Ciuty & State AECOM **,.********************************** Vendor No. Batch No. Keyed By: Department: Engineering Department Grant/Project Code 07 SRR(7) 718 Invoice Date Invoice No. Qty/Unit Amount Description 1/19/12 37201410 2,080.00 0 Lincoln School Safe Route to School SRTS-U-8155(718) -8U-07 Sept 10 thru November 18/11 Special Instructions: I L . rr".1�. �. Submitted By Total $ 2,080.00 1/23/12 G/L Distribution 290-07-7650-2164 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER January 23, 2012 Vendor Name AECOM Address City & State ************************************* Invoice Date Invoice No. Qty/Unit 1/10/12 37198222 Special Instructions Department Engineering Grant/Project Code # Amount Description 9003 A013012 G.L. Distribution $3,756.20 RR spur Line for Secor Investments LLC 290-08-6210-1358 $3,756.21 CRS 426-08-6210-1358 Project start to 10/14/11 TOTAL 7,512.41 1/23/12 Date An Equal Opportunity/Affirmative Action Employer Approved By Date Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER January 23, 2012 Vendor Name AECOM Address City & State ************************************* Department Grant/Project Code # 07H63ENGR 9002 A013012 Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 1/6/12 15(37197020) U.S. Hwy 63 Final Design Phase $62,118.74 NHSX-63-6(69)--3H-07 290-07-7520-2103 $15,529.68 10/29/11 - 11/25/11 205-07-7520-2103 $4,161.55 Sanitary Sewer (NP) 520-14-5200-2103 Est # 15 Special Instructions Submitted By TOTAL 81,809.97 1/23/12 Date i771) fat Approved By An Equal Opportunity/Affirmative Action Employer Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER January 23, 2012 Vendor Name AECOM Address City & State ************************************* Invoice Date Invoice No. 1/10/12 2(37198221) SpeMl Instructions mak• A_� Submitted By Qty/Unit 9002 A012330 Department Grant/Project Code # 07H63C820 Amount Description G.L. Distribution $2,651.69 TOTAL 2,651.69 1/23/12 Date U.S. Hwy 63 Final Design Phase Assistance Franklin Street to Newell Street Fed No. NHSX-63-6(69)-3H-07 10/1 - 12/30/11 411-07-7520-2103 Approved By Date An Equal Opportunity/Affirmative Action Employer THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSIONJO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JANUARY 30, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5.•00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. January 30, 2012 Agenda, as proposed or amended. Minutes of January 23, 2012, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Cancellation of assessments for 3071 Hammond Avenue; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk 3. Amendment of assessment for 840 Newton Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 4. Amendment of assessment for 853 Riehl Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment. Submitted by Suzy Schares, City Clerk 5. Request of Leer's Cycle Center for tax exemptions on improvements totaling $500,000.00 for property located at 101 Fletcher Avenue and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 6. Request of Kerry Merrifield for tax exemptions on improvements totaling $180,000.00 for property located at 5832 Summerland Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 1l 7. Request of Brad Meyer for tax exemptions on improvements totaling $180,000.00 for property located at 3635 Ranchero Road and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 8. Request of Evy Juniati for tax exemptions on improvements totaling $196,907.00 for property located at 952 Lisa Drive and located in the City Limits Urban Revitalization Area. Submitted by Christopher W. Western, Planner 11 January 30, 2012 9. Request of Vicki Sherwood for tax exemptions $6, 000.00 for property located at 320 Madison Consolidated Urban Revitalization Area. Submitted by Christopher W Western, Planned/ 10. Request of Darryl D. Dhein for tax exemptions $13,038.00 for property located at 1146 Newton Consolidated Urban Revitalization Area. Submitted by Christopher W. Western, P/anner // 11. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $80,000.00 for property located at 610 South View Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W Western, Planned/ 12. Request of Sherry Borwig for tax exemptions on improvements totaling $10,000.00 for property located at 1120 W. Donald Street and located in the Consolidated Urban Revitalization Area. Submitted by Chr/stopher W Western, Planner I/ Page 3 on improvements totaling Street and located in the on improvements totaling Street and located in the 13. Request of Allen Glass Company Inc. for tax exemptions on improvements totaling $100,000.00 for property located at 306 W. 5th Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher W Western, P/anner // b. Motion to approve the following: Name & Title of Personnel Sergeant McClelland; Officer Erie; and Investigator Ger. en Waterloo Fire Rescue Personnel Dennis Gentz, Assistant City En. ineer Greg Ahlhelm, Plans Examiner Travel Requests Class/ Meeting International Law Enforcement Educators and Trainers Association Fire Command Training Leadershi. 48th Annual Concrete Paving Worksho. Plan Review Institute Destination Wheeling, Illinois Waterloo, Iowa Des Moines, Iowa Myrtle Beach, South Carolina Date(s) April 16- 20, 2012 November 27, 2012 February 1-3, 2012 April 20- 30, 2012 Amount not to Exceed $2,267.00 $500.00 $360.00 $1,970. 00 Page 4 January 30, 2012 5. Recommendation of appointment of Erica Christiansen to the position of Medical Services Specialist, effective February 13, 2 Submitted by Pat Treloar, Chief of Fire Services Class C Beer License Permit Application 6. Hy -Vee Food Store #1, 2834 Ansborough (Includes Sunday Sales) 7. Hy -Vee Food Store #2, 2181 Logan A (Includes Sunday Sales) 8. Hometown Foods, 1010 E. Mitchell (Includes Sunday Sales) Avenue (Renewal) (Expires 3/23/ 13) venue (Renewal) (Expires 3/23/ 13) A venue (Renewal) (Expires 3/ 9/ 13) Class C L uor License Permit A• • lication 9. Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal) (Expires 12/ 19/ 12) 10. Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/ 13) (Includes Sunday Sales) Class E Li • or License Permit A • • lication 11. Hy -Vee Food Store #1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 12. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 13. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Class B Wine License Permit Application 14. Hy -Vee Food Store # 1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 15. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/ 13) (Includes Sunday Sales) 16. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/ 9/ 13) (Includes Sunday Sales) Outdoor Service Area Application 17. Packers Inn, 201 Rath Street Fireworks Display Application 18. National Cattle Congress, 257 Ansborough Avenue on February 3, 2012 from 9:15 p.m. to 11:30 p.m. (McElroy Event - Hairball Concert) January 30, 2012 Page 5 PUBLIC HEARINGS 2. Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626 West 9th Street Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 3. Second violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age for Corks Grocery located at 1956 Lafayette Street HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments Resolution ordering civil penalty in the amount of $1,500.00 for said second violation. Submitted by David R. Zellhoefer, Assistant City Attorney RESOLUTIONS 4. Resolution approving Supplemental Agreement No. 1 with AECOM (fka Earth Tech) at a cost of $14,000.00 for design services for Rehabilitation of Runway 18-36 at the Waterloo Regional Airport; and authorize Mayor to execute said document. Submitted by Bradley Hagen, Airport Director 5. Resolution approving Certificate of Substantial Completion with Failor Hurley Construction Corporation of Hudson, Iowa in the amount of $218,246.00 in conjunction with 2011 Public Market Interior Development; and authorize Mayor to execute said document Submitted by Rick Curran, Leisure Services Facilities Manager 6. Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $18,000.00, with a 50 percent city match, to be used for the purchase of wrestling mats at Young Arena; and authorize Mayor to execute said document. Submitted by Chris Dolan, Young Arena Manager January 30, 2012 Page 6 7. Resolution approving recommendation of award of bid to Vermeer Sales and Service of Pella, Iowa in the amount of $175,000.00, with an agreement of 6 months rental at $20,000.00 and a purchase price after 6 months of $55,000.00 for the Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder; an approval of said Rental/Purchase Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 8. Resolution rescinding Resolution No. 2012-26 in its entirety; and Motion approving Change Order No. 5 (Revised) for a net increase of $169,889.60 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772. Submitted by Dennis Gentz, P.E., Assistant City Engineer 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $5,603,560.63 in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 10. Resolution rescinding Resolution No. 2012-27 in its entirety; and Motion approving Change Order No. 1 (Revised) for a net decrease of $175,219.38 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811. Submitted by Wayne Castle, PLS, El, Associate Engineer 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $130,424.23 in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer 12. Motion approving Change Order No. 5 for a net increase of $34, 615.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734. Submitted by Jamie Knutson, P.E., Associate Engineer 13. Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities to enhance communication and to advance common interests in legislative matters; and authorize Mayor and City Clerk to execute said document. Submitted by Mayor Buck Clark January 30, 2012 14. Resolution approving Development Agreement with Dolly James LLC for the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 15. Resolution approving Real Estate Sale Contract with Iowa Community Credit Union, f/k/a Watel Credit Union, for the acquisition of 320 West 2nd Street in the amount of $814,060.00, with up to $60,000.00 in city environmental, temporary location, and closing costs; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 16. Resolution approving amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from. April 30, 1996, to forgive loan and release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260.00 for 5 years; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 17. Resolution setting date of hearing as February 13, 2012 to approve sale and conveyance of a portion of 218 West Mullan Avenue "excess land" to Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 18. Resolution setting date of hearing as February 13, 2012 to approve Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union to convey property located at the northwest corner of Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 19. Resolution approving Cooperative Agreement with Environment Protection Agency (EPA) for the 2010 US 63/City Wide Petroleum and Hazardous Material Assessment; and authorize Mayor and City Clerk to execute said document. Page 7 Submitted by Christopher W. Western, City Planner 11 20. Resolution approving Development Agreement with the Cedar Valley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director January 30, 2012 Page 8 ORDINANCES 21. Sewer Regulation User Charges and Fees Ordinance Change Motion to receive, file, consider and pass for the first time an Ordinance amending the Waterloo City Code, specifically Ordinance No. 4261, by adding to 8 -3A -2A3 Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Larry N. Smith, Waste Management Services Superintendent 22. Resolution approving the establishment of sewer rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with the City of Waterloo. Submitted by Larry N. Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 23. Request for Proposals for Security Services at Waste Management Services Motion to instruct Waste Management Services Superintendent to prepare Request for Proposals, form of contract, etc. Motion to receive and file Request for Proposals, form of contract, etc. Resolution preliminarily approving Request for Proposals, form of contract, etc. Resolution setting date of hearing and bid opening as February 13, 2012; and instruct City Clerk to publish notice of Request for Proposals, form of contract, etc. Submitted by Larry N. Smith, Waste Management Services Superintendent 24. 2012 Sullivan Park Shelter Project Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager January 30, 2012 Page 9 25. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing as February 20, 2012; and instruct City Clerk to publish said notice of public hearing. (Bids will be let by Iowa Dept of Transportation on February 21, 2012) Submitted by Jeff Bales, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. Motion to adjourn to Executive Session. EXECUTIVE SESSION 26. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2011). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, January 30, 2012 4:50 p. m. - Public Works Committee, Council Chambers. 5:00 p. m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Cultural & Arts Commission Director transmitting resignation of Shannon Farlow, effective January 19, 2012, together with recommendation of approval of payout of $1, 342.80 for unused benefits. 2. Waterloo Water Works Board of Trustees meeting minutes of December 21, 2011 on file in the City Clerk's office. January 30, 2012 Page 10 CONTRACT PAYMENT SCHEDULE 1. F. Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 7 to Vieth Construction in the total amount due of $54, 741.18 2. F. Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 18 to Vieth Construction in the total amount due of $22,377.10 3. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 16 to Peterson Contractors Inc. in the total amount due of $1,282.50 4. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 1 to JDE Engineering in the total amount due of $2, 850.00 5. Virden Creek Floodwall from Highway 63 to E. 4th Street, Contract No. 813 Pay estimate to AECOM in the total amount due of $26,117.42 6. Waterloo Stormwater Lift Stations at Blowers Creek and Dry Run Creek Payment to AECOM in the total amount due of $11,228.91 7. Lincoln School Safe Route to School Payment to AECOM in the total amount due of $2, 080.00 8. F.Y. 2012 SECOR Railroad Spur, Contract No. 794 Payment to AECOM in the total amount due of $7,512.41 9. U.S. Highway 63 Final Design Phase, NHSX-63-6(69)-3H-07 Pay estimate No. 15 to AECOM in the total amount due of $81,809.97 10. U.S. Highway 63 Final Design Phase, NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of $2, 651.69 January 23, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 23, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Pack 1 Cub Scouts from Becker Elementary recited the Pledge of Allegiance. 137274 - Hart/Schmitt that the Agenda, as amended by deleting item #22 and move it to the January 30th meeting, for the Regular Session on Monday, January 23, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137275 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 9, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark presented a Certificate of Neighborhood Recognition to Cedar Knoll Neighborhood Association that was accepted by Steve Heyer. CONSENT AGENDA 13727.6 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-87, dated January 23, 2012, in the amount of $3,120,848.92, 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. 2012-39. 2. Request of Waterloo Auto Parts, Inc. for a variance to the Noise Ordinance on June 9-10, 2012 from 5:00 p.m. to 1:00 a.m. in conjunction with Iowa Automotive Recyclers Summer Outing event to be held at 1501 Grandview Avenue with Grandview Avenue street closure from Clark Street north to the end of Grandview Avenue, including the presence of a live band, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-40. b. Motion to approve the following: 1. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re - Appointment Carol Dietz Plumbing Board of Licensing, Examiners & Appeals January 24, 2015 New Appointment Angela Weekley Waterloo Convention & Visitors Bureau June 30, 2014 New Appointment Tavis M. Hall Waterloo Convention & Visitors Bureau June 30, 2014 New Appointment 2. Recommendation of appointment of Captain Mike Moore to the position of Battalion Chief for Waterloo Fire Rescue, effective January 24, 2012 - Submitted by Pat Treloar, Chief of Fire Services Class B Beer License Permit Application 3. Cedar Valley Fish Market, 218 Division Street (Renewal) (Expires 1/25/13) 4. Taqueria La Guadalupana, 1010 E. Mitchell Unit #6 (Renewal) (Expires 11/16/12) 5. Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires 12/31/12) (Includes Sunday Sales) January 23, 2012 Page 2 Class C Beer License Permit Application 6. Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/13) (Includes Sunday Sales) 7. Hy -Vee ,Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 8. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) 9. Kmart #4158, 3810 University Avenue (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Class A Liquor License Permit Application 10.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street (Renewal) (Expires 1/14/13) (Includes Sunday Sales) Class C Liquor License Permit Application 11.Karma Bar, 309 W. 4th Street (Renewal) (Expires 1/8/13) (Includes Sunday Sales) 12.The Other Place, 360 E. Ridgeway Avenue (Renewal) (Expires 1/25/13) (Includes Sunday Sales) 13.Beck's Sports Brewery, 3295 University Avenue (Renewal) (Expires 12/31/12) (Includes Sunday Sales) 14.Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Expires 12/30/12) (Includes Sunday Sales) 15.The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/12) (Includes Sunday Sales) 16.Joan's 9'er, 929 W. 5th Street (Renewal) (Expires 11/30/12) (Includes Sunday Sales) 17.E1 Valle, 1927 Jefferson Street (New) (Expires 12/22/12) (Includes Sunday Sales & Catering) 18.The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/12) (Includes Sunday Sales) Class E Liquor License Permit Application 19.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/05/13) (Includes Sunday Sales) 20.Hy-Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 21.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Class B Wine License Permit Application 22.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/05/13) (Includes Sunday Sales) 23.Hy-Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 24.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) 25.Kmart #4158, 3810 University Avenue (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Outdoor Service Area Application 26.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street 27.Karma Bar, 309 W. 4th Street 28.Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive 29.The Locker Room Lounge, 1918 Hawthorne Avenue 30.Joan's 9'er, 929 W. 5th Street 31.E1 Valle, 1927 Jefferson Street Cigarette Permit Application 32.Choudhry Corporation dba Liquor and Tobacco Outlet, 2844 University Avenue 33.E Z International Inc dba B & B East, 1615 Bishop Avenue Vehicle For Hire Business License Application 34.Q -King Taxi, 506 ' Oak Street, Decorah, Iowa 52101 Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark recognized the new appointments to the various Boards and Commissions. January 23, 2012 PUBLIC HEARINGS Page 3 137277 - Schmitt/Welper that proof of publication of notice of public hearing on Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder, as published in the Waterloo Courier on January 10, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137278 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137279 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-41. 137280 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-42. 137281 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review: Bidder Bid Amount Vermeer Sales and Service $175,000.00 P.O. Box 168 $20,000.00 Pella, Iowa 50219 $449,500.00 Vermeer Wisconsin, Inc. 5445 North 1318tStreet $545,250.00 Butler, Wisconsin 53007 Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137282 - Getty/Cole that proof of publication of notice of public hearing on Request for Proposals for Asbestos Removal at 910 West Shaulis Road, as published in the Waterloo Courier on January 17, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137283 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137284 - Getty/Cole that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Removal at 910 West Shaulis Road", be adopted. Roll call vote - Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-43. 137285 - Getty/Cole that "Resolution authorizing to proceed in conjunction with Request for Proposals for Asbestos Removal at 910 West Shaulis Road", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-44. January 23, 2012 137286 - Getty/Cole Page 4 to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Bid Amount Active Thermal Concepts 2805 Stonegate Court Hiawatha, Iowa 52233 5% $9,717.00 Advanced Environmental 803 Ricker Street Waterloo, Iowa 50703 5% $4,830.00 Affordable Hazards Removal, Inc. 121 East Grand Street Monticello, Iowa 52310 No Bond ESA, Inc. PO Box 1370 116 Gateway Drive North Sioux City, South Dakota 57049 5% $10,000.00 New Horizons LLC PO Box 681183 Kansas City, Missouri 64168 5% $12,312.00 Site Services 1621 East Commercial Street Algona, Iowa 50511 5% $6,800.00 Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS 137287 - Cole/Schmitt that "Resolution approving recommendation of award of contract to ATC Associates, Inc. of Waterloo, Iowa in the amount of $1,850.00 for Phase I Environmental Site Assessment of the following properties: 915, 917, 919, 927, 1003, 1013 and 1021 Lafayette Street -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-45. 137288 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with ATC Associates, Inc. of Waterloo, Iowa in the amount of $1,850.00 for Phase I Environmental Site Assessment of the following properties: 915, 917, 919, 927, 1003, 1013 and 1021 Lafayette Street; and Mayor and City Clerk authorized to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-46. 137289 - Cole/Schmitt that "Resolution approving recommendation of award of contract to R Company dba Frickson Backhoe and Trucking of Evansdale, Iowa in the amount of $28,700.00 for Demolition and Site Clearance of the following properties: 915, 917, 919, 927 and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-09-12-Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-47. 137290 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with R Company dba Frickson Backhoe and Trucking of Evansdale, Iowa in the amount of $28,700.00 for Demolition and Site Clearance of the following properties: 915, 917, 919, 927 and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-09-12; and Mayor and City Clerk authorized to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-48. January 23, 2012 137291 - Welper/Schmitt that "Resolution approving recommendation of award of contract to B & Supply of Waterloo, Iowa in the amount of $49,600.00 for Sports Park Shelter Project -Submitted by Rick Curran, Facilities Manager", be adopted. Roll call vote -Ayes: Greenwood. Page 5 & B Builders Riverfront Services Absent: 2012 Leisure Six. Resolution adopted and upon approval by Mayor assigned No. 2012-49. 137292 - Welper/Schmitt that "Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $20,000.00 to be used for marketing of the Cedar Valley SportsPlex-Submitted by Mark Gallagher, Leisure Services Sports Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-50. 137293 - Welper/Schmitt that "Resolution approving 2012 Golf Fee Schedule as recommended by the Leisure Services Commission -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Mr. Welper questioned if the rates have been lowered. Paul Huting, Leisure Services Director, reported that the fees are remaining the same as last year. Resolution adopted and upon approval by Mayor assigned No. 2012-51. 137294 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Waterloo Implement in the amount of $79,503.70 for the Purchase of 2012 Golf Turf Equipment - Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-52. 137295 - Schmitt/Welper that "Resolution approving recommendation of award of bid in the amount of $56,596.00 for the Purchase of 2012 Submitted by JB Bolger, Golf & Downtown Area Maintenance Roll call vote -Ayes: Six. Absent: Greenwood. to Van Wall Equipment Golf Turf Equipment Manager", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2012-53. 137296 - Schmitt/Welper that "Resolution approving Completion of Project, Final Acceptance & Quantities and Release of Final Payment for work performed by Voltmer Inc. of Decorah, Iowa at a total cost of $324,670.34 in conjunction with Ridgeway Avenue and Sergeant Road (US 63) Traffic Safety Improvements, Contract No. 760; and authorize Mayor and City Clerk to execute said documents -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-54. 137297 - Hart/Welper that "Resolution approving Supplemental Agreement No. 3 with Kirkham Michael for construction -related services at a cost of $342,238.57 in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-55. January 23, 2012 137298 - Hart/Welper Page 6 that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-56. 137299 - Hart/Welper that "Resolution approving Letter of Intent with Black Hawk County Conservation Board (BHCCB) for the future conveyance of a portion of Lots 49, 50, 51 and 52 of Sherwood Park along Greenwood Avenue located just east of Highway 218 for the development of a boat ramp and parking area as part of the Sherwood Park Recreation Area and Hartman Reserve Expansion Project; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-57. 137300 - Welper/Hart that "Resolution approving a Resource Enhancement and Protection Grant from the Iowa Department of Natural Resources in the amount of $193,400.00 for acquisition & development related to Sherwood Park Recreation Area and Hartman Reserve Expansion Project; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-58. 137301 - Welper/Hart that "Resolution approving Real Estate Sale Contract with The Heene Family Trust for the acquisition of 218 West Mullan Avenue in the amount of $450,000.00, with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Nay: One (Getty). Absent: Greenwood. Mr. Getty expressed concern with the price being paid for the propert. Noel Anderson, Community Planning and Development Director, explained the assessed value was approximately $450,000.00 in 2010 for the property. Mr. Schmitt asked if we are using the same process as in the past. Noel Anderson, Community Planning and Development Director, reported that this is the same procedure and there are plans to tear it down for approximately $40,000 to $60,000 and there is a plan for developing this location. Resolution adopted and upon approval by Mayor assigned No. 2012-59. 137302 - Welper/Hart that "Resolution approving Extension Agreement with Howard L. Allen Investments, Inc. for an extension to the timeline for demolition of the trucking facility at 123 Stanley Court moving the date from January 31, 2012 to February 29, 2012; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Nay: One (Getty). Absent: Greenwood. Mr. Schmitt asked if it would be possible to impose a penalty if the facility is not demolished as agreed upon. Noel Anderson, Community Planning and Development Director, explained that they are demolishing the building. Mr. Hart asked the timeframe to get the property transferred once the property is demolished. Noel Anderson, Community Planning and Development Director, responded that it would be around 2 weeks. Resolution adopted and upon approval by Mayor assigned No. 2012-60. January 23, 2012 137303 - Cole/Getty that "Resolution approving Completion of Project, Final Acceptance and Release of Final Payment for work performed by Stickfort Construction Co., Inc. of Hudson, Iowa at a total cost of $54,405.12 in conjunction with Fire Station Concrete Replacement & Repair Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-61. Page 7 137304 -.Cole/Getty that "Resolution of Final Payment at a total cost authorize Mayor Clark, Building vote -Ayes: Six. approving Completion of Project, Final Acceptance and Release for work performed by B & B Builders & Supply of Waterloo, Iowa of $139,950.00 in conjunction with Fire Station Concrete; and and City Clerk to execute said documents -Submitted by Craig Official/Maintenance Administrator", be adopted. Roll call Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-62. OTHER COUNCIL BUSINESS 137305 - Hart/Cole to instruct Community Planning & Proposals, plans, specifications, Asbestos Survey Services Request 820 and 910 Sycamore Street and vote -Ayes: 137306 - Hart/Cole Six. Absent: Development Director to prepare Request for form of contract, etc. in conjunction with for Proposals for the following properties: 626-628 West 9th Street, be approved. Voice Greenwood. Motion carried. that Request for Proposals, plans, specifications, form of contract, conjunction with Asbestos Survey Services Request for Proposals following properties: 820 and 910 Sycamore Street and 626-628 West be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 9th etc. in for the Street, 137307 - Hart/Cole that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-63. 137308 - Hart/Cole that "Resolution setting date of hearing and bid opening as January 30, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-64. 137309 - Schmitt/Welper to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137310 - Schmitt/Welper that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be Absent: Greenwood. received and placed on file. Motion carried. Voice vote -Ayes: Six. January 23, 2012 137311 - Schmitt/Welper Page 8 that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-65. 137312 - Schmitt/Welper that "Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-66. 137313 - Hart/Welper to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137314 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137315 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-67. 137316 - Hart/Welper that "Resolution setting date of hearing and bid opening as February 13, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-68. ORAL PRESENTATIONS None ADJOURNMENT 137317 - Hart/Cole that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 19, 2012 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution to cancel assessments Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving cancellation of mowing assessments for 3071 Hammond Avenue in the amount of $280.00 and $345.00 that falls under Iowa Code 384.84; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Summary Statement: Expenditure Required: Background Information: Iowa Code 384.84 states that if the delinquent rates or charges were incurred prior to the date a transfer of the property or premises in fee simple is filed with the county recorder and such delinquencies were not certified to the county treasurer prior to such date, the delinquent rates or charges are not eligible to be certified to the county treasurer CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2012 Dept. Head Signature: Eric Thorson, PE. City Engineer # of Attachments: SUBJECT: AMENDMENT TO ASSESSEMENT F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 B & B BUILDERS AND SUPPLY CON"IRACT NO. 811 Submitted by: W. Wayne Castle, PLS, El, Associate Engineer Recommended City Council Action: Approve amendment to assessment due to correction of documents and amount. Ms. Evelyn Jordan 840 Newton Street. PIN 8913-14-352-019 Control # 8110477 Cert # 0012641 Old Assessment $383.85 New Assessment $188.51 Summary Statement: Ms. Jordan was originally sent a proposal of one sidewalk panel needing replacement with a second panel possibly needing replacement, dependant upon review of the tree roots. Construction required only one panel to be replaced. Ms. Jordan contacted Engineering upon review of her bill, where we found an error in the quantity accounting. The inspector's field notes were correct in showing only one panel replaced, but the information was entered incorrectly into the computer, causing her to receive a bill for two panels replaced. This correction also requires that the final contract amount, final change order and retainage amount be changed as the contractor was earlier paid for the replacement of two panels at this location. No other mistakes of this type have been found. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: cc: Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 26, 2012 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: AMENDMENT TO ASSESSEMENT F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 B & B BUILDERS AND SUPPLY CONTRACT NO. 811 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Approve amendment to assessment due to correction of documents and amount. Property owners: Debra S Pichelmann, William E Pichelmann Address: 853 Riehl Street, Waterloo, Iowa 50703 PIN: 8913-23-102-003 Control # 35 8110646 Certificate # 0012721-0 Old assessment $468.54 New assessment $195.34 Summary Statement: Mr. William Pichelmann recently raised a concern about the sidewalk assessment for his property. His assessment included a charge for a water valve adjustment, which he claims did not occur, as per his conversation with one of the contractor's workman. Mr. Pichelmann came to the City Council meeting in May and asked for further clarification. I visited his home after the meeting and based on my review, told him that the sidewalk panel definitely needed replacement, with a water valve adjustment possibly necessary, but we would not be certain until construction commenced. Our pre -construction notes indicate that a water valve adjustment was necessary due to the water valve being located partially within the sidewalk and posing a tripping hazard. Typical water valve adjustment requires shallow excavation around the water valve to expose the pipe. The contractor then cuts the pipe, shortens the length, and reattaches the sections with setscrews, allowing for future height adjustment as needed. This method requires that an area around the water valve be disturbed. Our post -construction notes state that the water valve is now outside of the sidewalk, with the edges of the sidewalk panel matching the edges of the existing sidewalk panels and the top of the water valve flush with the sidewalk. The post -construction photos do not show soil disturbance associated with this type of water valve adjustment. The water valve adjustment section of the special provisions within the contract documents state the contractor shall adjust the valve to the finished elevation of the sidewalk, with any cutting or addition to the water valve pipe being cause for payment. An adjustment of the water valve occurred, but it does not appear that the adjustment that occurred required the contractor to make any physical changes to the water valve pipe. Ambiguity appears to exist within the water valve adjustment special provisions section that will be dealt with before next year's sidewalk program commences. Based on Mr. Pichelmann's testimony, the inspector's notes and the field evidence, I do not believe that we can charge the Pichelmann's for this water valve adjustment and thus we must redo the assessment for 853 Riehl Street. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: cc: Pauline Closson, Engineering Department Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 2911-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: January 23, 2012 Prepared: January 9, 2012 Dept. Head Signature: # of Attachments: 16 L( G 1349 -- SUBJECT: / U : I SUBJECT: Asbestos Abatement Services Request for Proposals for 820 and 910 Sycamore Streets and 626 W. 9th Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as January 30, 2012 to approve Request for Proposals for Asbestos Survey at 820 and 910 Sycamore Streets and 626 W. 9th Street; and instruct City Clerk to publish notice. Summary Statement: The City of Waterloo will be demolishing 820 and 910 Sycamore Streets in preparation of future residential development. The duplex at 626-628 W. 9th Street was acquired through 657A and is in serious disrepair- and must be demolished as soon as possible. State laws require that all asbestos containing material be removed prior to demolition. Expenditure Required: To be determined BOB Source of Funds: Nuisance Abatement GREENWOOD At -Large STEVE SCHMITT At -Large Policy Issue: Dilapidated properties Alternative: N/A Background Information: The City of Waterloo purchased the buildings on sycamore several years ago with the intention of demolishing the structures to make room for riverfront housing, while 626-628 W. 9h was acquired through 657A. cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: 3 SUBJECT: Corks Grocery -Tobacco Violation -Second, $1,500.00 Civil Penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor; this was a second violation within two years. Under Iowa law, when it is a second violation, the City is allowed to collect a civil penalty of $1,500 or suspend the cigarette permit for 30 days (permittee's choice). Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2011 Dept. Head Signature: Bradley Hagen # of Attachments: 1 SUBJECT: Approval of Supplemental Agreement No. 1 to Rehabilitation of Runway Lighting Vault project at Waterloo Regional Airport in the amount of $14,000.00. Submitted by: Bradley Hagen, Airport Director Recommended City Council Action: Approval of Supplemental Agreement No. 1 to Rehabilitation of Runway Lighting Vault project at Waterloo Regional Airport in the amount of $14,000.00. Summary Statement Expenditure Required: $14,000 Source of Funds: 95% FAA Grant - 5% Passenger Facility Fund (PFC). We currently do not have an executed grant to fund this agreement. As always, FAA provides a grant in the May time frame to fund both engineering and construction. The engineering portion therefore, is required to be completed before a grant is issued. FAA has approved this agreement and has asked us to go forward so I believe there is minimal risk. Policy Issue Alternative Background Information: The City Council approved a contract with AECOM of Waterloo, Iowa on December 1, 2008 to design a new electrical vault at Waterloo Airport. This Supplemental Agreement #1 is to design additional work FAA has agreed to fund. The additional work is: 1. Terminal Anron Lighting - to design new lighting for the commercial ramp, as the existing lighting does not meet standards. 2. Runway Hold Position Marking Signs - FAA has agreed to fund markings that are new and designed to last 10X longer than current painting This agreement has been reviewed and approved by FAA and the Airport Board at the January 24, 2012 meeting. A=COM AECOM 319 232 6531 tel 501 Sycamore Street 319 232 0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com REHABILITATION OF RUNWAY LIGHTING VAULT WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA PROJECT NO. 3-19-0094-40 (PROPOSED) SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, an agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS), formerly known as Earth Tech, Inc., of Waterloo, Iowa, dated December 1, 2008, for the design, development of final plans, specifications, construction cost estimate, utility coordination and bidding services for construction of a new electrical vault and demolition of the existing electrical vault at the Waterloo Regional Airport in Waterloo, Iowa; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 to modify the project description and scope of services and adjust the cost estimate to current rates. NOW THEREFORE, it is mutually agreed to amend the original agreement as follows: Project Description The project description shall remain the same as the original agreement except the airfield lighting emergency generator shall be deleted and new terminal apron lighting and runway hold position marking shall be added. I I. Scope of Services The Scope of Services shall remain the same except that the following shall be added to Item 6 — Preparation of Design Documents: k. Terminal Apron Lighting Plan and Details Runway Hold Position Marking Plan and Details III. Compensation Compensation for the above modifications and adjustment of cost to current rates shall be a lump sum fee of Fourteen Thousand Dollars ($14,000.00), which shall be added to the lump sum fee authorized in the original agreement. IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the agreement dated December 1, 2008. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: A=COM APPROVED: CITY OF WATERLOO, IOWA Page 2 By: Date Ernest G. Clark Mayor AECOM TECHNICAL SERVICES, INC. By Joe A. Becker Vice President L:\work\ADMINWGREE\SUPPLE\SA1 WatAirRehabRunwayLighting.doc Date January 18, 2012 CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2012 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: SUBSTANTIAL COMPLETION FOR 2011 PUBLIC MARKET INTERIOR DEVELOPMENT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council approve and authorize the Mayor to sign Certificate of Substantial Completion for Failor Hurley Construction Corporation of Hudson, Iowa for the 2011 PUBLIC MARKET INTERIOR DEVELOPMENT at 327 W 3RD Street, Waterloo IA. Summary Statement: Original Contract $212,000.00 Change Order No. 1 $ 6,039.00 Change Order No. 2 $ 2,427.00 Change Order No. 3 $ -2,220.00 Total $218,246.00 Approved & Signed July 18, 2011 Approved September 19, 2011 Approved November 21, 2011 Approved November 21, 2011 Expenditure Required: None Source of Funds: Policy Issue: N/A Alternative: N/A Background Information: Original Contract signed July 18, 2011. Project completed as part of CAT Grant for Waterloo Downtown Area. Document G704" - 2000 Certificate of Substantial Completion PROJECT: (Name and address) 11050 Public Market Interior Developmen - General Construction BP2 TO OWNER: (Name and address) City of Waterloo City Hall 715 Mulberry Street Waterloo, Iowa 50703 PROJECT NUMBER: 11050/ CONTRACT FOR: General Construction CONTRACT DATE: July 22, 2011 TO CONTRACTOR: (Name and address) Failor Hurley Construction PO Box 446 Hudson, IA 50643 OWNER: 0 ARCHITECT: 0 CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: Warranty INVISION Architecture /1141AVA4 ARCHITECT BY Date of Commencement • 10/4/'1011 DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the fmal Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: $0.00 The Contractor will complete or correct the Work on the list of items attached hereto within Zero (0) days from the above date of Substantial Completion. Failor Hurley Construction CONTRACTOR The Owner accepts the Work or designated portion as substantially complete and will assume full possession at 5:00 pm (time) on September 26, 2011 (date). City of Waterloo OWNER BY DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note: Owner 's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) AIA Document G704" — 2000. Copyright ® 1963, 1978, 1992 and 2000 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:45:46 on 10/05/2011 under Order No.5896542442_1 which expires on 07/19/2012, and is not for resale. User Notes: (1834625865) CITY OF WATERLOO Council Communication City Council Meeting: 1/30/12 Prepared: 1/25/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Waterloo Convention and Visitors Bureau Event/Capital Project Grant Application. The application will be for $18,000 to be used for the purchase of wrestling mats, with 50% required match. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Chris Dolan, Young Arena Manager Recommended City Council Action: Pass said Resolution. Summary Statement: This will allow the purchase of wrestling mats to be used for ongoing wrestling tournaments at Young Arena. Expenditure Required: 50% of award amount. Source of Funds: Young Arena CIP programmed funds from General Obligation Bonds. Policy Issue: NA Alternative: Continue to rent mats as available. Background Information: Young Arena is becoming a significant wrestling venue in the Cedar Valley. Tournaments bring in out of town visitors and enhance concessions revenues at the arena. Purchase of new light weight wrestling mats will allow for easier and quicker set up for the increasing number of wrestling events. Waterloo Hotel -Motel Tax Grant application, FY 2013 Waterloo Hotel -Motel Tax Grant Application, FY2013 Event & Capital Projects Entire application MUST be typed and every question must be answered fully This application is for funding of the following type of project (please check one): x Capital Project Visitor Event Community Event Visitor Events: Events that draw greater than 50% of attendance from outside Black Hawk County. Community Events: Events that draw less than 50% of attendance from outside Black Hawk County. Total Request: $_18,000 Contact Information Name of organization _Waterloo Leisure Services, Young Arena Check payable to (if different than above) EIN Number 42-6005327 Total Project Cost $_36,000 Name & Date of project/event July 1,2012 -December 1, 2012 Contact person Chris Dolan, ARENA MANAGER Address _125 Commercial Street City _Waterloo State _Iowa Zip _50701 Phone number _319-291-4335 Email _chris.dolan@waterloo-ia.org Organization web address _www.waterlooleisureservices.org/ya 1. Organizational/Background Information a. What is the mission of your organization? The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage life long learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails and a healthy urban forest resource. b. How does your organization benefit the community? Young Arena benefits the Cedar Valley through its numerous recreational based activities, tournaments, camps and special events. c. How Tong has your organization been in existence? Young Arena was opened in December 1994 d. How many staff members and/or volunteers are involved with the organization? 3 Full -Time, 65 Seasonal Part -Time e. Is a member of the Waterloo City Council on your Board of Directors? If yes, please list. Carolyn Cole & Harold Getty 5 Waterloo Hotel -Motel Tax Grant application, FY 2013 f. How does your organization market outside of Black Hawk County? Our website, Facebook, Twitter & the help of the Waterloo Convention and Visitors or Cedar Valley Sports Commission g. Has your organization/business received hotel -motel tax grants previously? If so, please provide a list of projects. $10,000 Hotel/Motel Grant- Event ice Cover Replacement Project (Nov 2009) h. Have hotel -motel tax grants been received for this project previously? If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. no i. Please attach Proof of Liability Insurance, Board/Management information, IRS Documentation. See Attached 2. In what manner have you effectively supported or participated with the Waterloo CVB in the last 12 months? Examples include tradeshows, co-op marketing, event bids, etc. • AAU Iowa Super Pee -Wee State Wrestling Championships (March 2011) • USA Wrestling Tournament (May 2011) Battle of Waterloo Wrestling Tournament (December 2011) • Arch Allies Concert (May 2011) • World Ventures Trade Show (June 2011) • VGM GALA (June 2011) • Waterloo Black Hawks Hockey -Regular Season and Try -Out Camp • Waterloo Warriors Hockey -Regular Season 3. Project/Event Information a. Please describe the project and specify the goals for the project. Young Arena is host venue for several large wrestling tournaments. The arena floor can accommodate (8) 42x40 wrestling mats for the types of events. The arena does not own its own wrestling mats and relies on the hosts of the tournament or other outside agencies to bring mats in for these events. Our goal is to purchase (4) lightweight competition wrestling mats this year as Phase 1 of our goal to become more full service to these types of events. b. Please describe the mechanism for measuring the success of the project goals. A successful end to this project would be the purchasing and use of the (8) lightweight competition wrestling mats for Young Arena. Keeping our current events with the hopes of drawing in new events would make this project a success. c. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism -related? N/A 6 $ 36,000 I $36,000 I Waterloo Hotel -Motel Tax Grant application, FY 2013 d. For capital projects only: Please describe how this ties into your organization's mission, and how the project is tourism -related. How will this project allow you to draw additional people to Waterloo? The new wrestling mats insures the events currently hosted will continue to chose Young Arena as their venue. This project will produce a positive and lasting effect on the Cedar Valley's ability to host Targe wrestling tournaments anywhere due to the mobility and light weight of the mats. 4. Is this a new project or idea? If yes, please explain how this proposal explores a new idea, new direction is innovative or is a new project? This purchase of new 42 x 40 lightweight competition wrestling mats enables the Young Arena Staff a quicker, less labor intensive set-up and tear down as well as providing those participating in the event a new/safe wrestling surface. This also eliminates the need for those who chose Young Arena for their event to have to look for wrestling mats to rent and haul to our facility. Grant money received would go towards the purchase of this much-needed equipment for Young Arena to continue to host large wrestling tournaments in the Cedar Valley. 5. How does this event bring people to Waterloo from outside Black Hawk County? The wrestling events currently held at Young Arena draw participants from across the State of Iowa and Midwest. They have been well received by the community and proven over the last 10 years to be very profitable for the downtown and Cedar Valley. 6. What are expectations for attendance? a. How many people do you expect from outside of Black Hawk County? See attached b. Please describe the specific mechanism for tracking attendance. Attendance is tracked by the hosts of the tournaments, the arena staff calls local hotels after the events to track hotel usage. 7. What are your expectations for hotel room use in Waterloo? 500-1500 rooms 8. Please describe your marketing efforts. a. What specific marketing will you be doing outside of Black Hawk County? None, this is done by the hosts of the tournaments, the Waterloo Convention and Visitors or Cedar Valley Sports Commission 9. How does this project have a positive and lasting impact on Waterloo? The new wrestling mats help keep Young Arena on the cutting edge of event hosting. Which helps keep events that are currently hosted with the hopes that other events will chose Young Arena as their venue. This project will produce a positive and lasting effect on the Cedar Valley's ability to host large wrestling tournaments anywhere due to the mobility and light weight of the mats. 10. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. a. Total Income: N/A b. Total Expense: $36,000 c. Net Profit (Loss) for the event: N/A Expenses (4) 42x40 Wrestling Mats Shipping $ 33,800 $ 2,200 !Total 1 Requests CVB Grant City of Waterloo Bonds $18,000 $18,000 (Total 1 7 Waterloo Hotel -Motel Tax Grant application, FY 2013 d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and does this grant have a profound impact on your ability to host this event? The grant funds will be used to purchase (4) 42x40 lightweight competition wrestling mats for Young Arena. The arena having its own mats reduces the need for tournament directors to have to find their own wrestling mats, thus making Young Arena a more valuable host site for those looking to bring wrestling events into the Cedar Valley. e. How will profit (if applicable) be used by the project/organization/business? N/A Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? The purchase of these wrestling mats will be available for use in conjunction with activities, programs or tournaments at the Cedar Valley Sports Plex. Acknowledgment and Signature I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel -Motel Tax Grant funds are reimbursement funds for project funding already spent, and are to be used for the express purpose as stated in the Grant Application. 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 for funding will be withdrawn. My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non -fundable or not stated rein. Signature ((Applicant Date 1-25-2012 8 Young Arena Direct Spending Impact July 1,2010 -June 30,2011 Ater aUr1atj 0 „ Total Games Total Attendance Percentage of out of county attendees (34%) 520 Hotel Room Nights x $129 [visiting teams, parents, scouts] 29,238 out of county attendees x $52 per day Black Hawks Estimated Direct Spending iffa _BC114 ir Total Participants Out-of-town Participants 100 Hotel Room Nights x $129 Try -Out Camps Estimated Direct Spending Eicsatg 's& -.T'� s„ ti 4 1 31 85,996 29,238 $ 67,080 $ 1,520,376 $ 1,587,456 100 100 $ 12,900 o. ;" 144 Total Games iTune up camp, Battle of Waterloo, Tournaments, Friendship games] (Teams bring approximately 17 players] 821 Hotel Room Nights x $129 1110 Out of County day -tri • parties x $52 per da Jr. Hawk Total Estimated Direct Spending , aho arribrst No iiith6ViatsiO;Nlar m: J,71777' Total Games Total Attendance Overnight Stays by opponents Out -Of -County, non -overnight opponents 56 Hotel Room Nights x $129 [15 rooms per overnight team) 280 day -trip parties x $52 .er day /Avg. Visiting Fan Attendance Per Game 20) Warriors Estimated Direct Spending $ 12,900 165 $ 105,909 $ 57,720 163,629 ef° 7 17 3,263 3 14 7,224 14,560 21,784 Battle of Waterloo High School Wresting (December 17-18,2010) Total Participants Out of County Participants Total Fan Attendance 150 Hotel Room Nights x $129 ( 12 teams x 10 rooms each + misc.) 650 da tri arties x $52 er da x2 da s Battle of Waterloo High School Wresting A.AU Super peoWee Wresting (March 4-6 2011) Total Participants Out of County Participants 500 Hotel Room Nights x $129 200 day trip parties x $52 per day AAU Wrestling Estimated Direct Spending USA Wrestling (May 13-14 2011) Total Participants Out of County Participants 200 Hotel Room Nights x $129 200 day trip parties x $52 per day USA Wrestling Estimated Direct Spending 800 650 7,800 19,350 67,600 86,950 700 600 64,500 10,400 74,900 400 400 $ 25,800 1,300 $ 27,100 Total Young Arena Event Hotel Room Nights x $129 Impact of Hotel Room Nights 2,347 $ 302,763 Total Young Arena Out of County Day Trips x $52 Impact of Day Trips 31,778 $ 1,671,956 'Young Arena Total Estimated Direct Spending impact $ 1,974,719 *Young Arena hotel room nights generated over $20,000 In hotel/motel tax revenue. The $129 per night & $52 per day numbers are figures endorsed and used by the Waterloo Convention and Visitors Bureau for every event In the Cedar Valley. *A survey complied by the State of Iowa showed that the typical leisure travelers spend $185-$220 a day. CITY OF WA'I ERLOO Council Communication City Council Meeting: 1/30/12 Prepared: 1/25/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Waterloo Convention and Visitors Bureau Event/Capital Project Grant Application. The application will be for $18,000 to be used for the purchase of wrestling mats, with 50% required match. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Chris Dolan, Young Arena Manager Recommended City Council Action: Pass said Resolution. Summary Statement: This will allow the purchase of wrestling mats to be used for ongoing wrestling tournaments at Young Arena. Expenditure Required: 50% of award amount. Source of Funds: Young Arena CIP programmed funds from General Obligation Bonds. Policy Issue: NA Alternative: Continue to rent mats as available. Background Information: Young Arena is becoming a significant wrestling venue in the Cedar Valley. Tournaments bring in out of town visitors and enhance concessions revenues at the arena. Purchase of new light weight wrestling mats will allow for easier and quicker set up for the increasing number of wrestling events. January 25, 2012 Mayor Buck Clark City Council Members City Hall Waterloo, Iowa Mayor and Council Members, This is to request that the Council adopt a resolution authorizing the Leisure Services Department to submit a grant application for the amount of $18,000 from the Waterloo Convention and Visitors Bureau's Hotel/Motel Tax Grant program for funding towards the purchase & delivery of a Phase 1 Wrestling Mat Purchase for Young Arena. The grant requires a city match. Please contact me with any questions. Thank you for your consideration of this request. Sincerely Chris Dolan Young Arena Manager WATERLOO LEISURE SERVICES 2011 COMM ISSION MEMBERS Sheryl Annette 1400 Maxhelen Blvd. #1114 Waterloo IA 50701 296-7114 (home) 319-830-7404 (cell) term expires 3/1/12 sia335@yahoo.com Aundra Meeks 827 Western Waterloo IA 50702 232-1422 (work) 234-5626 (home) 2nd term expires 3/1112 ameeks@cvice.org Robert Frost, Vice Chairman 4740 Clover Lane Waterloo IA 50701 296-2320 (work) 234-6701 (home) 2"d term expires 2/28/13 ROBFRTAFRfSTir f CHS1.CO r Kevin Evans, Chairman 836 Lynkaylee Waterloo IA 50701 277-5008 (work) 234-1021 (home) 215-6215 (cell) st term expires 2/28/1 Kevin KevinJEvans.cor! 1/25/2012 Sharon Samec, Secretary 806 Wisner Drive Waterloo IA 50702 231-2696 (work) 232-6291 (home) 2nd term expires 3/1/14 ssanec@mchsi.com Michael Allen 411 Candlewick Rd Waterloo IA 50701 319-404-0417 (cell) 1St term expires 3/1/14 mallen8114@q.com Julie Koch-Hoth 3505 Kingswood Place Waterloo IA 50701 236-3858 (work) 234-0910 (home) 269-0504 (cell), 1s term expires 3/1/14 )koch-hath@epamidwest,com PUBLIC ENTITY GENERAL LIABILITY PROTECTION Th2Maul COVERAGE SUMMARY This Coverage Summaryshows the limits of coverage that apply to your Public Entity General Liability Protection. It also lists those endorsements, if any, that must have certain information shown for them to apply. Limits Of Coverage General total limit. $ 2,000,000 Products and completed work total limit. $ 2,000,000 Personal injury each person limit. $ 1,000,000 Advertising injury each person limit $ 1,000,000 Each event limit $ 1,000,000 Failure to supply limit. $ 0 Medical expenses limit, $ 0 Premises damage limit, $ 100,000 Sewer back—up limit. $ 1,000,000 Named Endorsement Table Important Note: Only endorsements that must have certain information shown for them to apply are named in this table. The required information follows the name of each such endorsement. Other endorsements may apply too. If so, they're listed on the Policy Forms List. Liquor Liability Exclusion Endorsement -With an Exception for Described Activities Described Activities: Liquor served at municipal golf course PSS Described Person Or Organization Endt - Addl Protected Persons Described Person or Organization National Cattle Congress P.O. Box 298 Waterloo, IA 50704 Re: Lease of Barn No 10 Described Person or Organization Silos & Smokestacks National Heritage Area Attn: Donald Short P.O. Box 2845_ Waterloo IA -50704 as respects their interest in the Cultural Arts Commission - SSNHA Grant Name of Insured Policy Number GP06301409 Effective Date 07/01/04 CITY OF WATERLOO, IOWA . Processing Date 07/21/04 15:55 001 •-• .8 .,-----'� min A P,/grans Cllmmary 014 i-0205 F-311[416 STATE OF IOWA SALES TAX EXEMPTION CERTIFICATE • (see reverse aide for Instructions) tis document Is to be completed by a purchaser whenever claiming exemption from sales/use tax. ,urchaser :IT'Y OF WATERLOO \ddress '15 MULBERRY ST guy 1Ar1'ERLOO 3eneral Nature of Bus Business State IOWA Zip Code 50703 )PERATING CITY SERVICES urchaser la doing business as a: Retailer (sales tax permit ff Wholesaler ❑ Farmer Manufacturer 0 Lessor Private Nonprofit Educational Institution Governmental Agency (Including public schools) Qualifying Residential Care Facility Non -Profit Museum Other )escriptlon of Purchase (attach additional Information Minuet M AicJcled fgvcr Purchaser Is claiming exemption for the following reason: ) C1 Resale 0 Leasing ❑ Processing C Qualifying Farm Machinery/Equipment O Qualifying Industrial Machinery/Equipment ❑ Qualifying Replacement Parts . 0 Qualifying Computer • aOther over menu use Zr1�L!S 'NEER a n ormallon If necessary) SSA.RY FOR OPERATION OF CITY SERVICES t a©r�y ally of ry, I swearth: lh• :.' nnalfon on this form is true and correct. ilgnulure of P baser DEPUTY rINANCE MANAGER Title 12/21/99 Date CITY OF WATERLOO, IOWA `erloO Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE 4i'ard HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELTER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council. Meeting: 1/30/12 Prepared: 1/24/12 Dept. Head Signature: # of Attachments: cok24,,,a44;ez SUBJECT: Tub Grinder Rental/Purchase Agreement Submitted by: Larry N. Smith, Superintendent Recommended City Council Action: Resolution approving recommendation of award of Rental/Purchase Agreement for one used Vemeer tub grinder in the amount of $175,000. with an agreement of 6 month rental at $20,000, with the purchase price after 6 months of $55,000; to be signed by Mayor and City Clerk. Summary Statement: Expenditure Required: Source of Funds: Monies used to pay contractor for grinding Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Vermeer. meer Iowa Vermeer Sales & Service P.O. Box 168 Pella, IA 50219 Phone: (641) 628 - 2000 Fax: (641) 628 - 4283 Hereby rents to City of Waterloo Rental Agreement Vermeer Siouxland P.O. Box 130 Marcus, Iowa 51035 Phone: (712) 376 - 2310 Fax: (712) 376 - 2612 x Vermeer Eastern Iowa P.O. Box 425 Tipton, IA 52772 Phone: (563) 886 - 2444 Fax: (563) 886 - 2223 with offices at 3505 Easton Avenue Lessee hereby hires from Lessor, the following Equipment (the Equipment), for the approximate rental period and at the rental rate shown below, subject to the other terms and conditions of this agreement. (Lessee). ITEM OF EQUIPMENT AND IDENTIFICATION NO. APPROXIMATE RENTAL PERIOD RENTAL RATE AGREED VALUE DAY WEEK MONTH Vermeer TG525L # 6 months RENTAL REPAYMENT FOR: $20,000 $175,000 Fuel Usage:E 1 I 1 F TOTAL PAYMENT DUE ON DELIVERY DATE TIME HOUR METER READING TIME IN TIME OUT TOTAL HOURS The Equipment will be kept and used by Lessee at: LOCATION DATE AMOUNT DELIVERY TO LESSEE AT: Waterloo, la $20,000 PICKUP (RETURNED TO LESSOR) AT: RENTAL REPAYMENT FOR: TAXES AND OTHER CHARGES Fuel Usage:E 1 I 1 F TOTAL PAYMENT DUE ON DELIVERY DATE TIME HOUR METER READING TIME IN TIME OUT TOTAL HOURS LESSOR AND LESSEE AGREE THAT THE TERMS AND CONDITIONS ON THE ATTACHED COPY ARE A PART OF THIS AGREEMENT AND ARE THOROUGHLY UNDERSTOOD. Lessor By Title Vermeer Sales Mark Jansen Salesman Lessee By Title TERMS AND CONTITIONS 1. The rental period shall begin on and include the date of delivery to the LESSEE and shall end on and include the date of retu m to LESSOR'S business location designated herein. The rental period shall be the approximate rental period shown on the face hereof and if LESSEE retains the Equipment after the expiration of said period this agreement shalt be deemed to be extended at the same rental rate (or the prorated portion thereof) and under the same terms until the Equipment is returned to LESSOR. At any time after expiration of the original period LESSEE agrees to return the Equipment to LESSOR within twenty-four hours after notice from LESSOR. 2. The LESSEE agrees that the rates provided for in this contract are considered straight time rates based on not more than eight (8) hours per day, forty (40) hours per week, or one hundred seventy-six (176) hours. In any one thirty (30) consecutive day period. Should the machinery be used longer than the above specified hours in any specific period, the overtime rate shall be based as follows: 1/8 th of the daily rate for each hour worked in excess of eight (8) hours in any one day; 1/40`h of the weekly rate for each hour worked in excess of forty (40) hours in any one weekly period; 1/176`h of the monthly rate for each hour in excess of one hundred seventy-six (176) hours worked in any thirty (30) consecutive day period. The minimum rental period is one day. The weekly rate applies only if the Equipment is out at Least one full week. The monthly rate applies only if the Equipment is out at least thirty days. No allowance will be made for Sunday, holidays, time in transit, or any period of time Equipment may not be in actual use while in LESSEE'S possession, except as provided in paragraph 7. 3. LESSEE shall be liable for and shall reimburse LESSOR for amounts equal to any sales, use, license or registration fees levied or based upon the rentals, or the Equipment, or the use or the operation thereof. 4. It is understood between the parties that the LESSOR is not the manufacturer of the Equipment herein leased, nor its agent, and that no warranty against patent or latent defects in material, workmanship, or capacity is given, nor that said Equipment will meet the requirements of any law, rules, specifications or contracts which provide for specific machinery or apparatus or special methods. 5. LESSOR shall use reasonable care to see that the Equipment is in proper working condition before delivery to LESSEE. If LESSEE so requests, the Equipment will be operated in LESSEE'S presence at a time and place designated by LESSOR prior to delivery to LESSEE. If the Equipment is shipped to LESSEE and arrives in damaged condition, LESSEE shall note such damage on bill -of -lading or any other receipt requested by the transporter and shall immediately notify LESSOR. The acceptance by LESSEE of the Equipment shall constitute an acknowledgment that the Equipment has been received undamaged, in good repair and operating condition except to the extent noted by LESSEE on the bill -of -lading or other delivery receipt. 6. LESSEE agrees to care for the Equipment properly, to use it within its rated capacity, to restrict its use to LESSEE'S qualified personnel and to prohibit anyone other than LESSOR'S authorized personnel to repair, modify or adjust the Equipment and to notify LESSOR immediately of accidents, disabilities, failures or like information concerning the Equipment. LESSEE further agrees to pay for all damage to the Equipment resulting from causes other than normal wear and tear upon receipt of invoice therefore from LESSOR for LESSOR'S cost and expense of repair. LESSEE shall take care of normal needs of the Equipment, including supplying fuel, oil, grease and water, daily checking of general conditions, including tires, oil levels, cooling system, water and batteries, recharging batteries, and will perform other routine preventive maintenance set forth in the Machine Operator's Manual for the Equipment. LESSOR will service and maintain the Equipment in proper working condition and LESSEE agrees to make it available for servicing by LESSOR at reasonable times during LESSOR'S business hours. If LESSEE requires service at times other than LESSOR'S business hours, LESSEE agrees to pay the difference between LESSOR'S straight time and overtime rates for mechanic's time. 7. In the event the Equipment becomes inoperable for reasons other than accident, improper use or failure of LESSEE to comply with its obligations hereunder, no rental shall be charged for the period of time between actual notice to LESSOR of inoperable condition of the Equipment and the time when it is returned to service. LESSOR shall not be obligated to furnish substitute Equipment nor shall it be liable for down time or special or consequential damages of any nature whatsoever. 8. LESSEE assumes all risk and liability for and agrees to indemnify, save and hold LESSOR harmless from all claims and liens, all loss of or damage to Equipment and all loss, damage, claims, penalties, liability and expenses, including attorney's fees, howsoever arising or incurred because of the Equipment or the storage, use or operation thereof. LESSEE, at its own expense, shall carry adequate public liability insurance against bodily injury, including death, and against property damage; shall keep all Equipment insured at its full insurable value against fire and theft and under extended coverage. 9. LESSEE agrees, whenever requested by LESSOR, to give LESSOR the exact location of the Equipment covered by this lease and LESSOR and the manufacturer of the equipment shall have the privilege at all times of entering any shop, buildingor location where the Equipment is being used for the purpose of inspection. LESSOR shall have the right of removing the Equipment on 24 hours notice, and terminating this lease if it is being overloaded or taxed beyond its capacity or in any manner abused or neglected. If LESSEE fails to pay any rental or other sum payable hereunder when due, or if LESSEE becomes subject to any state or federal insolvency, bankruptcy, receivership, trusteeship or similar proceeding, or if LESSEE shall default in any other term of this Contract, LESSOR may immediately terminate this Contract by notice in writing to LESSEE and repossess all items of Equipment wherever they may be found, but LESSEE shall nevertheless remain liable for all sums then due and unpaid, plus a reasonable amount for attorney's fees and such expenses as may be expended in the repossession of the Equipment. The remedies provided herein in favor of LESSOR shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies in LESSOR'S favor existing at law or in equity. Any notice hereunder shall be deemed sufficiently given if in writing it is delivered to LESSEE, personally, or sent by mail addressed to LESSEE at the address set forth upon the reverse side hereof. 10. This is a Contract of rental only and nothing herein conveys to LESSEE any right, title or interest in or to any of the Equipment, except as a LESSEE. 11. LESSEE shall not assign this lease or sublet the Equipment. LESSOR shall have the right to assign this lease and/or the rentals due hereunder and LESSEE agrees to honor any such assignment in accordance with its terms upon receipt of written notice thereof. Vermeer0 Ve eer Iowa Vermeer Sales & Service 36$ -Pella, IA 50219 L-628-2000 - Fax 641-628-4283 Vermeer Siouxland Vermeer Eastern Iowa PO Box 130 - Marcus, IA 51035 PO Box 425 - Tipton, IA 52772 712-376-2310 - Fax 712-376-2612 563-886-2444 - Fax 563-886.2223 E-mail: pella.ia@vermeerdlr.com -- Web: www.vermeeriowa.com Vermeer Sales & Service of Iowa is renting a TG525L to the City of Waterloo. There is a signed rental agreement in place. In addition to the terms and conditions of the rental agreement there are several items that are agreed to both parties. 1 100% of the rent paid during the rental will be applied to the purchase price of $175,000. 2 The final payment will be paid within 30 days of conclusion of the 6 month rental program. 3 Vermeer Sales & Service will maintain the equipment in good working order for the rental period. 4 Any damage by the city will be repaired or replaced at the City of Waterloo's cost. 5 Consumable parts will be repaired or replaced a the City of Waterloo's cost. Delivery date will be as soon as possible upon execution of this agreement. The City of Waterloo acknowledges 6 that some time will be required to check over the machine and prep it for the rental. Vermeer Sales & Service will keep the City informed of the estimated delivery date. 7 Vermeer Sales & Service will provide training to include: Proper Operation, Safety, and Needed Normal Service. 8 Vermeer Sales & Service will provide a minimum of 4 hours operational on site demonstration. Agreement signed and dated on , 2012. CITY OF WATERLOO VERMEER SALES & SERVICE CITY OF WA" 'FRLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 5 (REVISED) -- $169,889.60 INCREASE F.Y. 2010 STREET RECONSTRUCTION PROGRAM ASPRO, INC. CONTRACT NO. 772 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: Correction in documents due to a change in the final contract amount. Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 5 in the amount of $169,889.60. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: Tanuary 30, 2012 Prepared: Tanuary 23, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2010 STREET RECONSTRUCTION PROGRAM CONTRACT 772 Submitted by: Eric Thorson, P.E. City Engineer Recommended City Council Action: Correction of documents due to change in final contract amount. Summary Statement I report that ASPRO, INC., of Waterloo, Iowa, has completed the F.Y. 2010 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 772 in accordance with the plans and specifications. The total cost of the contract was $5,603,560.63. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2) years. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Aspro, Inc. Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 24, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 1 (REVISED) - $175,219.38 DECREASE F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 B & B BUILDERS AND SUPPLY CON TRACT NO. 811 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Correction of documents due to a change in an assessment amount. Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 1 (Revised) in the decrease amount of $175,219.38. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 25, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1 Contract No. 811 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Correction of documents due to a change in an assessment amount. Ms. Evelyn Jordan at 840 Newton Street. PIN 8913-14-352-019 Control # 8110477 Cert # 0012641 Old Assessment $383.85 New Assessment $188.51 Assessment price is sidewalk area replaced (square feet) multiplied by the assessment price (contractor's bid plus Engineering Incidentals cost) ($ per square foot). Summary Statement I report that B & B BUILDERS AND SUPPLY, of Waterloo, Iowa, has completed the F.Y. 2012 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 1, CONTRACT NO. 811 in accordance with the plans and specifications. The total cost of the contract was $130,424.23. Expenditure Required Source of Funds Property Owner Assessments Policy Issue N/A Alternative None Background Information: Cc: B & B Builders and Supply Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 25, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 5 - $34,615.00 INCREASE F.Y. 2010 CEDAR RIVER WATER TRAIL CONTRACT NO. 734 Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute and return to our office for further processing. Summary Statement The existing wall and trail adjacent to the 7th Street Pump Station which was shown in the plans to leave in place was determined to be unsafe, and in need of removal and replacement. This change order includes the removal of the existing wall, construction of new wall, and construction of new trail on this section of the portage. Expenditure Required $34,615.00 Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 25, 2012 Dept. Head Signature: Mayor Buck Clark # of Attachments: SUBJECT: Metropolitan Coalition Agreement Submitted by: Mayor Buck Clark Recommended City Council Action: Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities to enhance communication and to advance common interests in legislative matters; and authorize Mayor and City Clerk to execute said document. Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Metropolitan Coalition was formed to unite the larger cities to work together in promoting the enactment of legislation beneficial to cities and opposing legislation harmful to cities. METROPOLITAN COALITION AGREEMENT December, 2007 TABLE OF CONTENTS ARTICLE I. NAME, PURPOSE Section 1. Name 4 Section 2. Purpose 4 ARTICLE II. ORGANIZATION Section 1. Membership 4 Section 2. Directors and Officers 4 Section 3. Voting 5 Section 4. Meetings 5 ARTICLE III. POWERS OF COALITION Section 1. General Powers 5 ARTICLE IV. COMMITTEES Section 1. Executive Committee 5 Section 2. Other Standing Committees ARTICLE V. STAFF Section 1. Appointment 6 Section 2. Duties and Responsibilities 6 ARTICLE VI. BUDGET Section 1. Adoption of Budget 6 Section 2. Disbursement of Funds 6 Section 3. Annual Assessment 6 Section 4. Contracts 7 Section 5. Distribution of Assets on Dissolution 7 ARTICLE VII. AMENDMENTS Section 1. Amendments 7 ARTICLE VIII. NOTICE Section 1. Notices 7 Section 2. Waiver of Notices 7 6 2 ARTICLE IX. WITHDRAWAL BY MEMBERS 7 Section 1. Notice of Withdrawal ARTICLE X. EFFECTIVE DATE AND DURATION OF AGREEMENT Section 1. Effective Date 88 Section 2. Duration ARTICLE XI. SEVERABILITY Section 1, Provisions to be Severable 8 ARTICLE XIII. EXECUTION OF AGREEMENT Section 1. Passage of Resolution 8 Section 2. Signature Pages 8 MEMBER SIGNATURE PAGES 3 WHEREAS, the City of Des Moines, Iowa, the City of West Des Moines, Iowa, the City of Dubuque, Iowa, the City of Cedar Rapids, Iowa, the City of Iowa City, Iowa, the City of Sioux City, Iowa, , the City of Ames, Iowa, the City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to collectively as the "Members") consider it desirable to unite the larger cities of Iowa with similar concerns in an organization intended to enhance communication and to advance common interests in legislative matters; and WHEREAS, the Members have agreed that the terms of this Agreement shall be given effect and govern the matters set forth herein. NOW, THEREFORE, THE MEMBERS AGREE AS FOLLOWS: ARTICLE L NAME AND PURPOSE Section 1. Name. This organization shall be known as the "Metropolitan Coalition" (the Coalition"). Section 2. Purpose. The Coalition is a non-partisan advocacy organization. The purpose of the Coalition is to unite larger cities with similar concerns in an organization intended to enhance communication and to advance their common interests and effectiveness in legislative matters. It is the intention of the Coalition to work collaboratively with the Iowa League of Cities in promoting the enactment of legislation beneficial to cities and opposing legislation harmful to cities. The Coalition cities are dedicated to a strong Greater Iowa. The mission of the Coalition is to develop sustainable communities for businesses and families through economic growth and good local government. ARTICLE II. ORGANIZATION Section 1. Membership. The parties to this Agreement shall each be Members of the Coalition upon execution of this Agreement as provided in Article II. Each Member of the Coalition shall also be a member of the Iowa League of Cities. Section 2. Directors and Officers. Directors. The Board of Directors shall be composed of one representative from each Member of the Coalition. Officers. The officers of the Coalition shall consist of a Chair, Vice -Chair, Secretary and Treasurer. One person may hold the position of Secretary and Treasurer. The duties of the officers shall be those prescribed in this Agreement, and any additional duties as may be prescribed by the Board of Directors by resolution adopted in accordance with 4 this Agreement. The officers shall be elected by the Board at the Organization meeting of the Board of Directors, and thereafter annually at the annual meeting of the Board of Directors. All officers shall until ucce sor is elected Offr ers shall be the from succeeding elected annualmeeting and untilamong the members of the Board of Directors. Should any officer leave office for any reason such Officer's official position with the Member the Officer represents, such Officer's position shall immediately become vacant. Any vacancy shall be filled at a special meeting called for such purpose. Any officer elected to fill a vacancy shall service the remaining term of the office. Section 3. Voting. Each Director or Alternate shall have one vote. A majority of the number of Directors established by this Agreement shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. A Director or alternate must be present at a meeting of the Board of Directors, in person or electronically, to be eligible to vote and a Director may not vote by proxy. The affirmative vote of a majority of the Directors present, in person or electronically, at a meeting at which a quorum is present shall be the act of the Board of Directors. Section 4. Meetings. There shall be an annual meeting of the Board of Directors held each year at such time and place as may be determined by the Board. The Board may establish a schedule of regular meetings. Special meetings of the Board of Directors may be called by the Chair or at the request of any two Directors. The Chair shall preside at all meetings of the Board of Directors. In the absence of the Chair, the Vice Chair shall preside. One or more Directors may participate in a meeting through the use of any means of communicating by which all members of the Board participating in the meeting may simultaneously hear each other during the meeting. ARTICLE III — POWERS OF COALITION Section 1. General Powers. The business and affairs of the Coalition shall be managed by the Board of Directors or by any committee established by this Agreement or as prescribed by a resolution adopted by the Board of Directors in accordance with this Agreement. ARTICLE IV -- COMMITTEES Section 1. Executive Committee. An Executive Committee is hereby created which shall consist of the Chair, Vice -Chair, Treasurer and two additional members elected by the Board of Directors from its membership. The Executive Committee shall have the power to perform ministerial acts on behalf of the Coalition, and, upon the request of the Board of Directors, to make recommendations to the Board of Directors on matters involving policy. Meetings of the Executive Committee may be called by the Chair of the Executive Committee, by giving written or oral notice of the meeting at least twenty-four 5 hours before the meeting specifying the time, place, and agenda of the meeting. Section 2. Other Standing Committees. The Board of Directors may create such committees as are necessary from time to time to assist in the accomplishment of the objectives of the coalition. ARTICLE V — STAFF Section 1. Appointment. A Director of Governmental Affairs shall be appointed by the Board of Directors to serve at the pleasure of the Coalition. The Board of Directors shall establish conditions of employment and compensation for the Director of Governmental Affairs and a description outlining general responsibilities and job assignment instructions more specifically defining the duties and tasks of the Director of Governmental Affairs. The evaluation of job performance of the Director of Governmental Affairs shall be by the Board of Directors. Section 2. Duties and Responsibilities. The Director of Governmental Affairs shall be responsible for providing advice and assistance to the Board of Directors, the Chair and the other officers, and the committees, and shall be responsible for administering the operations of the Coalition. Lobbying activities engaged in by the Director of Governmental Affairs shall be accomplished under the direction of the Board of Directors. Unless otherwise designated, the Director of Governmental Affairs shall serve as Secretary of the Coalition and shall have such other powers and perform such other duties as may be provided by the Board of Directors or the Executive Committee. ARTICLE VI. BUDGET Section 1. Adoption of Budget. The Board of Directors shall adopt a budget at the annual meeting of the Coalition. The Executive Committee shall annually prepare a proposed budget, and shall distribute the proposed budget to the Board of Directors at least ten days in advance of the annual meeting. The fiscal year of the Coalition shall begin on July 1 and end on June 30. Section 2. Disbursement of Funds. The Director of Governmental Affairs may disburse funds for any purpose authorized under this Agreement and by the action of the Board of Directors, but shall not make a commitment to spend money not otherwise authorized under the adopted budget for that year without the prior approval of the Board of Directors or an amendment to the budget. Section 3. Annual Assessment. The Members shall be assessed annually for the expenses of the Coalition. Upon approval of the budget, the Board of Directors shall establish the annual fee for each Member based upon the following formula: (a) each Member shall be assessed ten cents per capita, based upon the population of the Member's city, according 6 to the most recent Decennial U.S. Census or any lawful special census, and (b) after subtracting the per capita assessment, the balance of the expenses shown in the budget shall be divided equally among the Member cities. Unless otherwise approved by the Board of Directors, annual assessments shall be billed by the Coalition upon approval of the annual budget, and shall be paid on or before July 15, except in the first year of the Coalition, when the annual assessment shall be billed on formal approval of the budget, and paid on or before January 15, 2008. Section 4. Contracts. The Board of Directors may authorize any Officer or Officers, or agent or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Coalition, Section 5. Distribution of Assets Upon Dissolution. Upon dissolution of the Coalition for any reason, the assets of the Coalition, after provision for the payment of lawful debts and obligations of the Coalition, shall be divided among the Members on the basis of their pro -rata contributions to the Coalition in the fiscal year in which such distribution is made. ARTICLE VII — AMENDMENTS Section 1. Amendments. This Agreement may be amended by the affirmative vote of a majority of the Directors, or alternates, present, in person or electronically, at any two regular or special meetings of the Board of Directors. Proposed amendments to this Agreement must be made in writing and distributed at least seven days in advance of the first meeting at which a vote on the proposed amendment will be taken. No amendment shall take effect until it has been filed with the appropriate public agency if required by law. ARTICLE VIII — NOTICES Section 1. Notices. All notices which are required or permitted to be given pursuant to this Agreement shall be made in writing and may be (1) personally delivered, (2) sent by ordinary mail, or (3) sent electronically and acknowledged, in each instance to the address then on file with the Coalition. Section 2. Waiver of Notice. Whenever any notice is required or permitted to be given pursuant to this Agreement, a waiver of the notice in writing signed by the person entitled to such notice, whether before or after the time stated in the notice, shall be equivalent to the giving of the notice. ARTICLE IX — WITHDRAWAL OF MEMBERS Section 1. The withdrawal of any Member may be accomplished by the governing body 7 of the Member providing notice of withdrawal in writing to each of the other Members at least six months prior to the beginning of the fiscal year in which the Member proposes to withdraw from the Coalition. ARTICLE X — EFFECTIVE DATE AND DURATION OF AGREEMENT Section 1. Effective Date. This Agreement shall become effective only upon approval and execution by two or more of the Members, and filing of this Agreement with the appropriate public agency if required by law. Section 2. Duration of Agreement. The Coalition shall exist unless there are fewer than two Members of the Coalition remaining, in which case it shall be dissolved and the assets distributed as provided in Article VI, Section 5 of this Agreement. ARTICLE XI — SEVERABILITY Section 1. Provisions to be Severable. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the invalidity of any such provision shall not affect the other provisions of this Agreement which can be given effect without the provision determined to be invalid, and to that end the provisions of this Agreement are severable. ARTICLE XII — EXECUTION OF AGREEMENT Section 1. Passage of Resolution. A Participating Community shall become a party hereto by the passage of a resolution approving this Agreement and authorizing execution of the same by its statutory officers. Section 2. Signature Pages. Each Member approving this Agreement shall execute the separate signature page provided for it. 8 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE HAROLD GETTY Ward 3 QUENTIN I IART Wird 4 RON WEL PER 14'd 5 BOB GREENWOOD 4 :-.Lnge STEVE SCHMITT At -Large CITY OF WATERLOO IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Develondnein Diref;or CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Development Agreement for Dolly James LLC for the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6.0 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving Development Agreement Summary Statement: As you may recall, the City of Waterloo acquired property from 2002 to 2005 stretching from the railroad tracks east of the UNICUE building to East 8th Street, using a variety of funds including Brownfield grant funds, for the purpose of Riverfront housing at some point in the future. The attached Development Agreement would convey that land and vacated East 7th Street for that very purpose. Dolly James LLC will construct six multi -story condominium buildings on the site, with a 3 -phased plan for redevelopment. The City will demolish the former industrial building and former Flaherty's Lounge on the site. As the site is located in the Downtown Waterloo Tax Increment Finance District, the Development Agreement also includes the rebating of taxes for a period of 10 years at 100%. The new minimum value in added taxable value to the site will be $6.0 million. Each building will be constructed as a 12 -unit condominium, bringing additional residential opportunities to Downtown Waterloo. Expenditure Required: Demolition of structures estimated at $200,000 Source of Funds: downtown bonds and TIF cash Policy Issue: Economic Development within the City of Waterloo. CITY WEBSITE: www.ci.waterloaia,us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: NA Background Information: The Downtown Master Plan prioritizes the need for additional residential opportunities in and near Downtown Waterloo to help fuel the other retail, restaurant, entertainment, etc. opportunities. This site was acquired for thus type of development and is in close proximity to the new residential homes built by David Deeds and John Rooff in the nearby Cedar River Neighborhood. With the City of Waterloo owning further parcels in this area for development, the use of Neighborhood Stabilization Funds for further infill development of housing to this area, this is a great concentration of new housing in this area that had not, until recently, seen new housing for about 80 years prior. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. a Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2012 by and between Dolly James, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Brent Dahlstrom and James Sulentic are principals of Company and execute the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located on the south side of Sycamore Street, between the railroad tracks and East 8th 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, or cause it to be conveyed, to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City DEVELOPMENT AGREEMENT Page 2 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 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. Improvements by Company. Company shall construct on the Property six (6) multi -story condominium buildings of not less than 14,400 square feet (4,800 square feet per floor), as depicted on Exhibit "B", and related improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of approximately $6,000,000, divisible into three phases of approximately $2,000,000 each, generally described as follows: Phase I: Buildings 1 and 2 Lots 1, 4, 5, 8, and 9 in Block 1, & E. 7th Street Phase II: Buildings 3 and 4 Lots 2, 3, 6, 7 and 10, in Block 22 Phase III: Buildings 5 and 6 Lots 1, 4, 5, 8 and 9, in Block 22 The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". The parties acknowledge that Company may choose to submit the Property to a condominium regime upon completion of a given phase of the Improvements, and that such condominium units may thereafter be sold. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain a building permit and begin construction on Phase I within nine (9) months, Phase II within twenty-one (21) months, and Phase III within thirty-three (33) months. Construction of each phase shall be completed within twelve (12) months of its commencement, and all phases shall be completed within forty-five (45) months of the date of conveyance. If Company has not, in good faith, begun the construction of any phase of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of DEVELOPMENT AGREEMENT Page 3 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, 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 any phase or of the entire 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. 4. Platting and Release. Company may, in consultation with City, plat the Property if reasonably necessary for purposes of the Project. As nearly as reasonably possible, the area platted for each phase shall correspond with the description of the phase area stated in Section 2 above, or shall be comprised of a roughly equivalent area as measured in square feet. In connection with any sale by Company of that part of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 5. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed. 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 Section 4, 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 DEVELOPMENT AGREEMENT Page 4 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 5 shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. 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. 7. Bonds. Until completion of the Improvements, Company agrees that, to ensure complete performance of the Project, it shall obtain and keep in force one or more bonds in the amount of not less than $2,000,000, for each phase of Improvements that has not been substantially completed. Certificates or copies of said bonds shall be delivered to City before City conveys Property title to Company. Company will not do or omit the doing of any act which would vitiate any bond. 8. 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. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $6,000,000.00 in the aggregate, or $2,000,000.00 for each separate phase of Improvements (in either case, as applicable, the "Minimum Actual Value"), through: (i) either; willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "C" at the closing. The parties agree to cooperate with any reasonable request by the other party or by the Black Hawk County Assessor to modify such agreement and this Agreement in order to divide the Minimum DEVELOPMENT AGREEMENT Page 5 Actual Value among condominium units that may be established upon completion of a given phase of Improvements. 10. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 9, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One 100% rebate Year Two 100% rebate Year Three 100% rebate Year Four 100% rebate Year Five 100% rebate Year Six 100% rebate Year Seven 100% rebate Year Eight 100% rebate Year Nine 100% rebate Year Ten 100% rebate for any taxable value over the January 1, 2011 value of $90,110. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. Rebates may be paid on a phase -by -phase basis if Company plats the Property in a manner corresponding with each phase of Improvements. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of (a) all phases of the Improvements if the Property is not platted into separate phase parcels or (b) the Improvements relating to a given phase parcel if the property is platted into separate phase parcels, and in any event not based on a prior year for which the assessment is based solely upon (x) the value of the Property or a phase parcel or upon (y) the value of the Property or a phase parcel and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. City agrees to cooperate with any reasonable request from Company to amend this Agreement so that the rebate incentives provided by this Agreement are, without diminution, divided among and preserved for the benefit of the condominium units that may be established after completion of a given phase of the Improvements. DEVELOPMENT AGREEMENT Page 6 11. 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. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13. 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. City agrees to cooperate with any reasonable request from Company to execute a written assignment of this Agreement to any future owner of any separate parcel of the Property that result from the creation of a condominium regime and to execute one or more amendments to this Agreement and the Minimum Assessment Agreement to ensure that such future owners are entitled to receive the full benefits contemplated by this Agreement. 14. 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, DEVELOPMENT AGREEMENT Page 7 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. 15. 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 Dolly James, LLC, 3538 Augusta Circle, Waterloo, IA, 50701, Attention: Brent Dahlstrom, with a copy to Eric W. Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 16. 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. 17. 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. 18. 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 DEVELOPMENT AGREEMENT Page 8 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. 19. 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. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. 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. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. 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 DOLLY JAMES, LLC By: By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk By: ent Dahlstrom, Manager J mes Sulentic, Manager PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors DEVELOPMENT AGREEMENT Page 9 and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. f ,044102- 4 rent Dahlstrom Jafes Sulentic EXHIBIT "A" Legal Description of Property Those portions of Lots 1, 4, 5, 8 and 9, in Block 1, and Lots 1 through 10, in Block 22, Original Plat on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, bounded as follows: (a) On the northwest, by right of way of the Union Pacific Railroad, (b) on the northeast, by the southwesterly right of way line of Sycamore Street, (c) on the southeast, by the northwesterly right of way line of E. 8th Street, and (d) on the southwest, by the toe of the Cedar River flood control levee. Note: Legal description for purposes of conveyance will be determined at a later date. EXHIBIT "B" Homes Styles and Sizes See building plans and sketches attached hereto. EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), DOLLY JAMES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $6,000,000.00 in the aggregate, or $2,000,000.00 for each separate phase of Improvements (in either case, as applicable, the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the following dates: Phase 1 December 31, 2013 Phase II Phase III December 31, 2014 December 31, 2015 The parties also acknowledge that Company may choose to submit the Property to a condominium regime after completion of a given phase of the Improvements and that future owners of the Property as so divided are intended to be the beneficiaries of this Agreement and a related Development Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035, unless the Property is platted into separate tax parcels corresponding with each separate phase of improvements, in which case the Minimum Actual Value herein established with respect to a given phase parcel shall be of no further force and effect, and with respect to such phase parcel this Agreement shall terminate, on December 31 of the year that is twenty (20) years after the effective date of that property's Minimum Actual Value (the "Termination Date"). Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2036 for the Property as a whole, or, as applicable, January 1 immediately following the Termination Date for a phase parcel. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. The City agrees to cooperate with any reasonable request by Company to execute a written assignment of this Agreement to future owners of condominium units on the Property and to execute one or more amendments to this Agreement to divide the Minimum Actual Value among such units and to ensure that such future owners receive the benefits contemplated by this Agreement and a related Development Agreement between the parties. BARBARA J. MOSTEK COMMISSION NO. 720408 MY COMMISSION EXPIRES January 15, 2015 CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor DOLLY JAMES, LLC By: Brent Dahlstr m, Manager By: By: Suzy Schares, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK mes Sulentic, Manager On this day of , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, 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 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on 41ey), c(//2 , 2012 by Brent Dahlstrom and James Sulentic as Managers of Dolly James, LLC. le,Y0,1,k) 7MpS Notary Public CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Six Million Dollars ($6,000,000) in the aggregate, or Two Million Dollars ($2,000,000) for each separate phase of the development, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2012 by , Assessor for Black Hawk County, Iowa. Notary Public Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Real Estate Sale Contract between the City of Waterloo and Iowa Community Credit Union, f/k/a Watel Credit Union for the acquisition of 320 West 2nd Street in the amount of $814,060, with up to $60,000 in city environmental, temporary location, and closing costs, and authorizing the Mayor and City Clerk to sign and fully execute any necessary documents Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Authorization of the acquisition of land as described in the amount of $814,060 plus up to $60,000 in environmental, temporary location, and city closing costs. Summary Statement: As you may recall, staff has been working on the acquisition of land in Downtown Waterloo for redevelopment opportunities. Recently, the City has acquired other properties in this area, and has been in recent conversations with the owners of 320 West 2nd Street for potential acquisition. The owners have agreed to sell for the amount ($814,060) that is 130% of the appraised value. This percentage amount is referenced in the State Code of Iowa for such acquisitions and relocation costs. The additional funding in the amount of $60,000 would pay for environmental testing of the site, the costs of bring a temporary trailer to the new site (218 West Mullan- Happy Chef). The contract also allows the applicant for salvage rights to the building, as it is planned for demolition. This item is linked to other items on the agenda, which would convey the former Happy Chef to Iowa Community Credit Union for a new banking facility. Staff would note that this site is identified in the Downtown Master Pian as a redevelopment area. The property was flooded in the 2008 event. This will continue the City of Waterloo's efforts towards the arrangement of sites for redevelopment opportunities in Downtown Waterloo. The City continues to work with other property owners in this area, and has previously purchased sites in the nearby vicinity, for the Sportsplex project. The acquisition costs would come out of Downtown TIF funds designated for such use. Expenditure Required: $814,060 plus up to $60,000 in environmental and closing costs Source of Funds: Bond funds, with available grant funds (BCRLF or assessment) for environmental portion CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development and Redevelopment of Brownfield sites within the City of Waterloo. Alternative: Not acquire Background Information: The City continues to work to acquire flood -damaged sites and dilapidated sites in and near Downtown Waterloo for redevelopment opportunities for new businesses. REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Iowa Community Credit Union, f/k/a Watel Credit Union ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 320 W. 2" Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-26-207-005, -003, - 004, and -012; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $814,060.00, of which $100.00 is on deposit with the law firm of Clark Butler Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within thirty (30) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction or waiver of any conditions set forth in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Seller shall have the right and opportunity to remove any and all fixtures from the Property for a period of thirty (30) days following possession and closing (the "Salvage Period"). Any fixtures not removed within the Salvage Period shall remain with the Property and shall become the sole property of Buyer, to be used, discarded, or demolished as Buyer sees fit in the exercise of its sole discretion. Seller or any other person undertaking salvage activities hereunder shall keep the premises closed and secure at all times against entry by unauthorized persons. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from the Black Hawk County Abstract & Title an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. 2 B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. N/A. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. 3 A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Iowa Community Credit Union 320 W. 2nd Street Waterloo, IA 50701 Attn: Mark Heth Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the development objectives contemplated by Buyer. 4 B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Relocation sites and activities. The parties acknowledge that Buyer is undertaking to obtain an alternate location (the "New Site") for Seller's business so that Seller may begin construction of a new banking facility thereon by March 1, 2012. Buyer will sell the New Site to Seller for $1.00, provided that Buyer proceeds thereafter with diligence to construct a new banking facility on the new site. All proposed sites are located within the Highway 218 Corridor Overlay District and are subject to special criteria affecting property layout, design, landscaping, signage and other factors as set forth in the zoning ordinance. Under the CURA plan applicable to the New Site, Seller may elect to apply for available tax exemptions with respect to the taxable value added by new improvements. The parties agree to enter into a development agreement with respect to project construction at the New Site. Seller and Buyer agree that the New Site has been agreed to by Seller and Buyer pending acquisition of said New Site by Buyer. If the New Site as agreed to between Buyer and Seller cannot be acquired by Buyer, then Seller shall have the option to cancel this Agreement and return any earnest money to Seller. D. Temporary location. Buyer will reimburse Seller for costs incurred by Seller to install and set up a portable building for Seller's banking operations to be conducted until substantial completion of construction of the new permanent building. The temporary location will be on the New Site, to the west of the Property. Reimbursable costs include down payment or deposit, monthly rental charges, installation of foundation or slab, delivery and removal, hookup to water, sewer and utilities, other costs to install and setup the facility, and monthly lease charges for furnishings. Buyer will reimburse Seller the sum of $52,906.70 (the "Interim Costs Payment"), which the parties agree is a good -faith estimate of the reimbursable costs described above, including approximately eight months of occupancy costs. The parties agree that the Interim Costs Payment is satisfactory for purposes of this Agreement, and each of them waives any right to recoupment, offset, or other damages in the event that actual reimbursable costs are later determined to differ from the Interim Costs Payment. Seller will be responsible to arrange for removal of the structure from the temporary location after it begins occupancy of the new building. Seller will be responsible to pay, at its own cost and expense, all costs to operate and maintain the temporary facility, including but not limited to utilities, that exceed the Interim Costs Payment. E. Indemnification. Seller shall indemnify and hold harmless the Buyer in respect of any and all injury, expense, damage, demand, claim, cause of action, or liability whatsoever (each of the foregoing being a "Claim") asserted by any person arising from or in connection with the activities of Seller or its agents on the Property during the Salvage Period. The foregoing indemnity includes but is not limited to reimbursement of any and all cost and expense, including but not limited to court costs and reasonable attorneys' fees and expenses, incurred by Buyer in connection with a Claim. F. Survival of terms. Paragraphs C and D of this Section 22 are intended to survive, and shall not be merged into, the closing of the Property sale and purchase contemplated by this Agreement. 5 G. Appraisal. Buyer shall reimburse Seller for the cost of an Appraisal obtained by Seller on the Property in the amount of $1,950.00. G. Real Estate Taxes. Buyer shall pay real estate taxes prorated to the closing date on the New Site and give Seller credit for said amount at the time of closing and possession on the New Site. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2012 this Agreement shall be null and void. Dated BUYER Accepted by Seller SELLER City of Waterloo, Iowa Iowa Community Credit Union, f/k/a Watel Credit Union By: By: Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 6 Mayor BUCK CLARK COUNCIL MEMBERS •s•r••••aw••••ew• DAVID JONES Ward 1 CAROLYN COLE Ward 1 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Ar -Large CITY OF WATERLOO, IOWA weamsommemwourammariViM COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute an amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from April 30, 1996, to forgive loan, release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260 for 5 years Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: Back in 1996, the City of Waterloo City Council approved several steps to redevelop portions of the block of Waterloo that now contains Modus (was Gilmor and Doyle), the Regional Business Center site and now Main Street Waterloo site, the Main Street parking lot, Screaming Eagle, Fowler and Haffa buildings, Beecher law firm, etc. The majority of those steps were aimed at redevelopment of the block, cleanup of environmental contamination, asbestos, demolition, of the former Osco buildings, smokestacks, etc. It was quite an undertaking to try and turn around the fortunes of the downtown block. Prior to the creation of Main Street Waterloo -- which combined 4 different entities into what is now Main Street -- the property development arm of Downtown Waterloo was Cedar Skyline Corporation. Cedar Skyline was the entity that entered into several grant opportunities, was the recipient of the loan noted in this amendment, for the demolition, rehabilitation, and reconstruction of this block portion. The City of Waterloo had a low interest loan setup for the development of properties. An amount of $250,000 was loaned for this project for the redevelopment of the block. The details of that loan failed to note it as a forgivable loan if the goal of the activities were met. The property redeveloped by this 1996 agreement now has an assessed value of $2.42 million, resulting in a multitude of new development, as noted above, which staff believes has CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer worked to spark reinvest and new interest in Downtown Waterloo not only on this block, but on the entire East side of Downtown Waterloo. The amendment would forgive the past loan of $250,000 to this project, as was believed to be the original intent if success of the redevelopment was achieved. The Release and Satisfaction document would work to approve this action. The last action of this item would place a Minimum Assessment on the property — 8913-25-103-022 — of $206,260 for a 5 -year period. All other terms of the original Development Agreement would remain the same. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo continues to work towards new development, redevelopment, and cleanup of deteriorating sites in and near Downtown Waterloo. This project from 1996 brought forth a great wave a redevelopment and reinvestment in Downtown Waterloo, while also eliminating a dilapidated site that was stopping such reinvestment and redevelopment. AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2011, by and between the City of Waterloo, Iowa ("City") and Cedar Skyline Corporation ("Company"). RECITALS A. Company and City were parties to that certain Development Agreement dated September 23, 1999 (the "Agreement") concerning the development of land (the "Property") described on Exhibit "B" to the Agreement. B. Before entering into the Agreement, the City made a loan to Company in the principal amount of $250,000 on or about April 30, 1996 (the "Loan"), and the Loan was secured by a Real Estate Mortgage filed July 31, 1996 in 756 CLM 619 (the "Mortgage") covering the Property. The purpose of the Loan was to assist Company in undertaking certain demolition and rehabilitation activities on the Property. Company has completed the intended activities. C. The Agreement failed to state the parties' intention that the Loan would be forgivable following completion of Company's faithful performance under the Agreement. D. The Agreement failed to place a Minimum Assessment Agreement on an impacted property, which will be set at the 2011 assessed value of $206,260. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Agreement is hereby amended to provide that the Loan is forgiven as of the date hereof and that the Mortgage is released and discharged. A release of the Mortgage in the form attached hereto as Exhibit "A" will be promptly filed in the county land records. 2. The Development Agreement with Minimum Assessment Agreement will be approved with CDoyle Properties LLC to set the minimum vale at the 2011 assessed value of $206,260 for the period stated therein. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement as of the date first set forth above. CEDAR SKYLINE CORPORATION CITY OF WATERLOO, IOWA By: Title: By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk EXHIBIT "A" See attached mortgage release. Prepared by Christopher S. Wendland, P.Q. Box 596, Waterloo, IA 50704. 319-234-5701 RELEASE AND SATISFACTION OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the mortgage hereinafter described, do(es) hereby acknowledge that a certain real estate mortgage dated April 30, 1996 made and executed by Cedar Skyline Corporation, mortgagor, to the City of Waterloo, Iowa, mortgagee, and filed July 31, 1996 in the records of the office of the Recorder of Black Hawk County, Iowa, in 756 CLM 619, is satisfied and discharged in full. Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context. Dated CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Attest: STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Suzy Schares, City Clerk Acknowledged before me on , by Ernest G. Clark and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made and entered into as of , by and between CDoyle Properties, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). WHEREAS, City considers economic development within the City a benefit to the community and is willing for the total good and welfare of the community to provide financial incentives so as to encourage that goal, and WHEREAS, Company has undertaken improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, Company and City agree as follows: 1. Improvements by Company. The parties confirm that Company has undertaken significant improvements on real property described on Exhibit "A" hereto (the "Property") that have resulted in an upgraded office facility (the "Improvements"). Company agrees to exercise good faith efforts, consistent with its own business plans and needs, to maintain the Improvements in a good state of repair and usefulness. 2. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $206,260 ("Minimum Actual Value"), through: (1) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "A" at the closing. 3. 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. 1 4. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 5. 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. 6. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight delivery 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 City Planner. (b) if to Company, to CDoyle Properties, L.L.G., P.O. Box 97, Cedar Falls, Iowa, 50613. 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 delivery service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 7. 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 its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 2 8. 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. 9. 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. 10. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 11. 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. 12. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B" and all other exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 13. 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 written above. CITY OF WATERLOO, IOWA CDOYLE PROPERTIES, L.L.C. By: By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk 3 Title: EXHIBIT "A" Description of the Property See attached legal description of assessor parcel no. 8913-25-103-022. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, is dated as of , by and among the City of Waterloo, Iowa ("City"), CDoyle Properties, L.L.V. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "Agreement") regarding certain real property located in the City and legally described on Exhibit "A" hereto (the "Property"); and WHEREAS, pursuant to said Agreement the Company has undertaken the development of an area ("Project") within the City and within the Downtown Renewal and Redevelopment Plan area. WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and improvements constructed thereon pursuant to the Agreement and applicable only to the development, effective until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. The minimum actual taxable value which shall be fixed for assessment purposes for the land and improvements constructed on the Property by the Company as a part of the Project shall not be less than $206,260 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the improvements has been substantially completed on or before December 31, 2010 and that the Minimum Actual Value reflects the assessment as of January 1, 2011. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate on December 31, 2016. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment as of January 1, 2017. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. City of Waterloo, Iowa CDoyle Properties, L.L.C. By: By: Ernest G. Clark, Mayor Title: Attest: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK On , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, 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. 2 Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on by as of CDoyle Properties, L.L.C. Notary Public, State of Iowa 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements constructed and the market value assigned to the land upon which the improvements have been constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Hundred Six Thousand Two Hundred Sixty and 00/100 ($206,260.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , by Assessor for Black Hawk County, Iowa. Notary Public Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WEEPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLC30, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 -� Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set a date of public hearing and publish an official notice pertinent to the sale and conveyance of a portion of 218 West Mullan "excess land" to Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: We ask that the City Council set a date of public hearing and publish an official notice pertinent to the sale and conveyance of land as described in the attached legal description, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Summary Statement: As you may recall, the City of Waterloo has been acquiring land for the Sportsplex Project recently. One of those recent acquisitions, on the City Council agenda for tonight, is the acquisition of the Iowa Community Credit Union (ICCU) at 320 West 2nd Street. As a part of helping ICCU to find a new site to remain in Downtown Waterloo, the City acquired the former Happy Chef site. This site is approximately 0.75 acres, and the City will be conveying approximately 0.50 acres to ICCU for the construction of a new credit union. This site size is consistent with similar type developments, such as the new US Bank facility immediately north and the Farmers State Bank site on 6th Street. Due to the width of the lot changing some site layouts for the new building, ICCU is requesting to buy the additional 0.25 acres for additional parking, expansion potential, etc. Staff has reviewed the assessed value per square foot and the appraised value per square foot of nearby and recent sales, and believes $50,000 for the remaining portion would be a fair amount. Expenditure Required: NA. Source of Funds: NA CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Sale of Property and Economic Development. This request would meet the Sale of Property Policy guidelines. Alternative: Not sell land. Background Information: The City of Waterloo has worked to sell additional land for development purposes, to abutting property owners, and within the confines of the Sale of Property Policy. This sale would appear to meet the objectives of the Downtown Master Plan and be in accordance with the policies. Printable Map Output Page 1 of 1 Parcel ID: Deed Holder: Black Hawk County Parcel Map 8913-23-452-004 Parcel Address: Legend Selected Features hospital airport firedept parks_ parks twpo q e Railroads Townships Section: Water Ili Parcels Riphtsot.Way Township / City Lines railroad dlm roaddiin Waternanle_ HEENE FAMILY TRUST 218 W MULLAN AV, WATERLOO, IA 50701 pnrceld;m roadoaoro_ Aerial Photos Black Hawk Co. Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditoraco.black-hawk.ia.us.orq Ma. Disclaimer: This map does not represent a survey. No liability is assumed for the accu acy of the data delineated herein, either expressed or implied by Black Hawk County, the B :ck Hawk County Assessor or their employees. This map is compiled from official record including plats, surveys, recorded deeds, and contracts, and only contains informs ion required for local government purposes. See the recorded documents for more detailed egal information. — http://www2.co.black-hawk. ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 1/27/2012 LEGAL DESCRIPTION The Northwesterly ninety (90) feet of Lot 29, except the Northwesterly one and one- half (1'/z) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Develoyme;zt Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set the date of hearing for approval of a Development Agreement between the City of Waterloo and Iowa Community Credit Union, f/k/a Watel Credit Union that will convey property at the northwest corner of Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for approval of the Development Agreement, authorizing the sale of land for $1.00 and the construction of the bank building valued at $450,000. Summary Statement: The City of Waterloo would be conveying the front 0.50 acres of land to Iowa Community Credit Union (ICCU) for the development of a new banking facility. The credit union would be constructing a new 2,500 sq. ft. bank building valued at $450,000 on BOB the site. This will allow for ICCU to remain in Downtown Waterloo, as their existing site at 3209 GREENWOOLWest 2nd Street would be acquired for the construction of the Cedar Valley Sportsplex Project. At -Large ICCU has also requested to buy the additional 0.25 acres of the former Happy Chef site for $50,000, which is another time on this City Council agenda. STEVE SCHMITT Expenditure Required: None. At -Large Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: This represents continued investment in Downtown Waterloo, with a new credit union to be built next to the recently constructed US Bank facility. All of these construction project are working in accordance with the Downtown Master Plan to work to bring new destination attractions such as the Riverfront Renaissance and Sportsplex to Downtown Waterloo, while also working with our existing businesses to invest and grow in the downtown area. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of February , 2012, by and between Iowa Community Credit Union (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 building and related improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before March 1, 2012, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property"). The purchase price of that portion of the Property identified on Exhibit "A" as the "Building Site" shall be $1.00, and the purchase price of the remainder identified on Exhibit "A" as "Abutting Land" shall be $50,000.00. Conveyance may occur at two separate closings, but in any event shall be by special warranty 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 City zoning ordinances and other applicable law. If the Property is not already owned by the City, City's duty to convey is expressly made subject to occurrence of a closing on the City's acquisition of the Property. 2. Improvements by Company. Company shall construct a retail banking facility consisting of approximately 2,500 square feet, and related landscaping, sidewalks, signage and parking (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of no less than $450,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not done so. Company must obtain a building permit and begin construction within two (2) months from the date the Property is deeded to it, and construction of Improvements on the Building Site shall be completed by July 1, 2013, (the "Building Completion Date"), with construction of Improvements on the Property as a whole within sixty (60) days thereafter (the "Project Completion Date"). If, after the expiration of two (2) months from the date of the executed deed, Company has not begun in good faith the construction of the Improvements upon the Building Site, then title to the Property shall revert to the City. If construction has not begun at the end said two-month 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 development has commenced within the two-month 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 is to be completed by the Building Completion Date and the Project Completion Date, as applicable, shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. Upon substantial completion of Improvements on the Building Site, Company shall act with diligence to permanently move its business operations into the new building, remove the temporary banking facility from the Property, and complete construction of Improvements on the Property, including the Abutting Land, by the Project Completion Date. In the event of any reversion 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 reversion, and Company further agrees that it shall indemnify and hold harmless the City 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, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. 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. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 2 other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $450,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 6. Reserved. 7. City Activities in Aid of Development. A. Site Readiness. Before conveyance of the Property to Company, City will demolish existing structures on the Property, remove all debris thereon, and level the site to grade. B. Payment of Interim Costs. City will reimburse Company for costs incurred by Company to install and set up a portable building for Company's banking operations to be conducted until substantial completion of construction of the new permanent building. The temporary location will be on the "abutting land" portion of the Property. Reimbursable costs include down payment or deposit, monthly rental charges, installation of foundation or slab, delivery and removal, hookup to water, sewer and utilities, other costs to install and setup the facility, and monthly lease charges for furnishings. City will reimburse Company the sum of $52,906.70 (the "Interim Costs Payment"), which the parties agree is a good -faith estimate of the reimbursable costs described above, including approximately eight months of occupancy costs. The parties agree that the Interim Costs Payment is satisfactory for purposes of this Agreement, and each of them waives any right to recoupment, offset, or other damages in the event that actual reimbursable costs are later determined to differ from the Interim Costs Payment. Company will be responsible to arrange for removal of the structure from the temporary location after it begins occupancy of the new building. Company will be responsible to pay, at its own cost and expense, all costs to operate and maintain the temporary facility, including but not limited to utilities, that exceed the Interim Costs Payment. The provisions of this paragraph are intended to supersede and replace Section 22, paragraph D of that certain Real Estate Purchase Agreement between the parties approved by 3 the city council of City on January 30, 2012, and upon execution of this Agreement by the parties said paragraph D shall be deemed terminated. 8. 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. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company 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. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 4 (b) if to Company, to Iowa Community Credit Union, P.O. Box 750, Waterloo, Iowa, 50704, facsimile number , Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 5 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA COMMUNITY CREDIT UNION By: By: Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 6 EXHIBIT "A" Legal Description of Property to be Improved Lot 29, except the Northwesterly one and one-half (1'/2) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the "Building Site Lot 29, except the Northwesterly ninety (90) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the "Abutting Land": The Northwesterly ninety (90) feet of Lot 29, except the Northwesterly one and one-half (11/2) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), Iowa Community Credit Union ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $ 450,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements on the Building Site will be substantially completed on or before July 1, 2013 and on the Property as a whole within sixty (60) days thereafter. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2019. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2020. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. It may not be modified or amended except by the mutual written agreement of the parties. ATTEST: By: Suzy Schares, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor IOWA COMMUNITY CREDIT UNION By: Mark Heth, President On , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument 2 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. STATE OF IOWA COUNTY OF BLACK HAWK ) ss. Notary Public Acknowledged before me on , 2012 by Mark Heth as President of Iowa Community Credit Union. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Four Hundred Fifty Thousand Dollars ($ 450,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2012, by Tami McFarland, Assessor for Black Hawk County, Iowa. Notary Public Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WATERLOO; IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 27, 2012 Prepared: January 25, 2012 Dept. Head Signature: # of Attachments: DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART The goals of the Assessment Grants are to inventory brownfield sites, conduct environmental assessments Ward on priority sites, create remediation and redevelopment plans for selected sites, and utilize community RON involvement and input throughout the process. WELPER While the scope of the project is community -wide, the projects will likely focus on the US 63 Corridor and Wards the neighborhoods located in the east -side of the City of Waterloo. The ESA's will investigate properties BOB potentially impacted by hazardous substances and petroleum products to determine adverse impacts and GREENWOOtpotential risks to human health and/or the environment. If contaminants are present, the city will work At -Large with EPA, and the Iowa Department of Natural Resources to address the issues through programs such as the Iowa Land Recycling program. The City of Waterloo will use its experience in brownfield reclamation STEVE to attract developers to the respective projects. This includes creating redevelopment plans for the vacant SUBJECT: Approval of contract with EPA for the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant. Submitted by: Noel Anderson -Community, Planning and Development Director Recommended City Council Action: We recommend that the City Council except and authorize Mayor and City Clerk to sign necessary documents as it pertains to the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant. Summary Statement: In September 2011 the City of Waterloo was awarded two (2) EPA Brownfield Assessment Grants. One grant in the amount of $200,000 is for hazardous material contamination, and the second, in the amount of $200,000 is for petroleum contamination. SCHMITT At -Large school sites, former Schultz Manufacturing site and buildings, auto service stations, and other vacant and/or underutilized warehouse sites scattered throughout the targeted area. Expenditure Required: N/A Source of Funds: In September 2011 the City of Waterloo was awarded two (2) EPA Brownfield Assessment Grants. One grant in the amount of $200,000 is for hazardous material contamination, and the second, in the amount of $200,000 is for petroleum contamination. Policy Issue: Brownfield Redevelopment Alternative N/A Background Information: CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer e gr41.04 7 $ -�- U.S. ENVIRONMENTAL PROTECTION AGENCY CooperativeAgreement ASSISTANCE ID NO. DATE OF AWARD 09/16/2011 PRG I _ DOC ID AMENIU# BF ' 97731101 - 0 TYPE OF ACTION Niom" MAILING DATE 09/23/2011 PAYMENT METHOD: ACH ACH# 77534 RECIPIENT TYPE: - Municipal Send Payment Request to: U.S. Environmental Protection Agency - Las Vegas FC P.O. Box 98515, Las Vegas, NV 89193-8515 Phone: #702-798-2426, Fax #702-798-2423 RECIPIENT: PAYEE: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 EIN: 42-6005327 Same as Recipient 715 Mulberry Street Waterloo, IA 50703 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Chris Western 715 Mulberry Street Waterloo, IA 50703 E -Mail: chris.westem@waterloo-ia.org Phone: 319-291-4366 PRr1IF!`T TRI F akin fFC!`DIDTInII Jennifer Monis 901 North Fifth Street, SUPR/STAR Kansas City KS 66101 E -Mail: Monis.Jennifer@epamaiLepa.gov Phone: 913-551-7341 Connie Allen Grants Management Office, PLMG/RFMB/GRMS E -Mail: AI Ien.Connle©epamail.epa.gov Phone: 913551-7363 Waterloo Hazardouse Substance Fiscal Year 2011 Assessment This award provides funding to the City of Waterloo, Iowa to be used to conduct community wide envirorvnental assessments at potential brownfield sites contaminated with hazardous substances and other the pollutants. The grant recipient will conduct site prioritization, then Phase I and Phase 11 assessments at selected sites. Funds will also be used for public outreach and community involvement/public participation processes and cleanup planning. BUDGET PERIOD 10/01/2011 - 09/30/2014 PROJECT PERIOD 10/01/2011 - 09/30/2014 TOTAL BUDGET PERIOD COST $200,000.00 TOTAL, PROJECT PERIOD COST $200,000.00 NOTICE OF AWARD Based on your application dated 04/20/2011, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share 100.00% of all approved budget period costs incurred. up to and not exceeding total federal funding of $200,000. Such award may be terminated by EPA without further cause If the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension cf time,as may be granted by EPA. This agreement is subject to applicable EPA statutory provisims.she applicable regulatory_provisions are -40 CFR -Chapter -1; - --- Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) ORGANIZATION ADDRESS Grants Management Office 901 North Fifth Street Kansas City. KS 66101 AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS U.S. EPA, Region 7 Superfund Division 901 North Fifth Street Kansas City, KS 66101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Karen L Sherrill, Grants Management Officer DATE 09/16/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION TYPED NAME AND TITLE Ernest G. Clark, Mayor DATE 0?%11 SEP 3 o 2411 EPA Funding Information BF -97731101-0 Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action • $ $ 200.000 $ 200,000 EPA In-IGnd Amount $ $ . $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution• $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 200,000 . $ 200,000 Assistance Program (CFDA) _ ' Statutory Authority Regulatory Authority_ 56.816 - Brownfiekis Assessment and Cleanup Cooperative Agreements CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(2) 1 40 CFR PART 31 Fiscal . Site Name Req No FY Approp. Code Budget Organization PRC - .Object Class_ Site/Project Cost Organization Obligation Deobligation • WATERLOO 1107W31017 11 E4C 0700AG7 402D79E 4114 G7000J00 - 200,01• 1 _ 200,00+ Budget Summary P BF - 97731 101 - 0 Page 3 Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $36,660 Z Fringe Benefits $5,350 3. Travel $1,500 4. Equipment $0 5. Supplies $475 6. Contractual $0 7. Construction $156.015 8. Other $0 9. Total Direct Charges $200,000 10. Indirect Costs: % Base $0 11. Total (Share: Rec./plant 0.00 % Federal 100.00 %.) $200,000 12. Total Approved Assistance Amount $200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200000 15. Total EPA Amount Awarded To Date $200,000 BF -97731101-0 Page a Administrative Conditions 1. I. Central Contractor Registration and Universal Identifier Requirements. A. Requirement for Central Contractor Registration (CCR). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards under this award, you: 1.Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to ah entity unless the entity has provided its DUNS number to you. C. Definitions. For -purposes of this award term: 1.Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http:l/www.ccr.gov). 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedQov.d n b.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFRpart25, subpart C: a.A Governmental organization, which is a State, local government, or Indian tribe; b.A foreign public entity; c. A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4.Subaward: a.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). c.A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5.Subrecipient means an entity that: a.Receives a subaward from you under this award; and b.Is accountable to you for the use of the Federal funds provided by ine subaward. 2. Reporting Subawards and Executive Compensation a.Reportino of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e of this award term). 2. Where and when to report. I. You must report each obligating action described in paragraph a.1. of this award term to www.fsrs.gov. il. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3.What to report. You must report the information about each obligating. action that the submission instructions posted at www.fsrs.gov specify. b.Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if — i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement -contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at www.ccr.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of SubreciDient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if — i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal - procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: 1. To the recipient. Ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year ( c between October 1 and 311 you must report any required compensation information of the subrecipient by November 30 of that year. d.Exemptions - If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. subawards, and; ii.the total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1.Entity means all of the following, as defined in 2 CFR part 25: 1. A Governmental organization, which is a State, local government, or Indian trjbe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: 1 This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carryout the project or program (for further explanation, see Sec. –.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") . iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of uie Federal funds provided by the subaward. &.Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): L Salary and bonus . ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments_ iii.Eamings for services under non -equity incentive plans . This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. vi.Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above market earnings on deferred compensation which is not tax - qualified . vii. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 3. Recipient agrees to submit the Federal Financial Report (FFR) form SF -425 to EPA no later than ninety (90) days after the end of the grant budget/project period. The EPA requires only the information requested on FFR lines 10d through 10o. A blank FFR is available for completion on the Las Vegas Finance Center's (LVFC) website: http://www.epa.00v/ocfoffinseryices/forms.htm The Final FFR form SF -425 must be submitted to: U.S. EPA -Las Vegas FC, P.O. Box 98515, Las Vegas, NV 89193-8515. 4 Recipient agrees to submit, at a minimum, a quarterly billing (payment) request(s) to the EPA, for all eligible, allowable, allocable, necessary and reasonable costs which are incurred for this project/program. A payment request is not required to be submitted in the event that the recipient has not incurred such costs during the quarterly period, but more frequent payments may be requested as costs are incurred. 5. The Recipient agrees that none of the funds provided under this agreement may be used for subawards/subgrants or contracts to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. Congress has prohibited the EPA from using its FY 2010 and/or FY 2011 appropriations to provide funds to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to the EPA Grants Management Specialist listed on the first page of this award document. 6. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 7. Pursuant to EPA's annual Appropriations Act, the chief executive officerof this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 8. Recipient agrees to comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, effective December 23, 1989. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. Recipient also agrees to include in all solicitation documents the following: "Sub recipients who request or receive from the grant recipient a subgrant, contract, or subcontract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above." 9. Recipient agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled Responsibilities of Participants Regarding Transactions. Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient agree., that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. 10. The recipient agrees to an ongoing, good faith effort to maintain a drug-free w ro k ace_pursuant to the specific requirements set forth in Title 40 CFR 36.200 36.230. Additionally, in accordance with these regulations, the recipient must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. - Recipients classified as individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. Details concerning violation of this condition may be found under Title 40 CFR 36.510. 11. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 12. The Recipient agrees if $500,000 or more in total Federal funds is expended in any fiscal year, they will obtain a single audit from an independent auditor according to the guidance provided in OMB Circular A-133. The Recipient agrees that within nine months after the fiscal year end or 30 days after receiving the report from the auditor, they will electronically submit a copy of the data collection form SF -SAC and a Single Audit Report Package to the Federal Audit Clearinghouse Internet Data Entry System. For complete instructions for electronic submission of the SF -SAC and the Single Audit Report Package are located at the Federal Audit Clearinghouse Web site: http://harvester.census.gov/faci 13. To implement requirements of Section 106 of the Trafficking Victims. Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub -recipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below, or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2.CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TWA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, sub -recipients under this award, and sub -recipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under the award. 14. The Recipient agrees, in accordance with EPA Order 100025 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the- General -Services -Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). RCRA Section 6002 that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 15. GENERAL COMPLIANCE, 40 CFR, Part 33 - The recipient agrees to comply with the requirements of EPA's Program for Utilization of Minority and Women's Business Enterprises (MBE/WBE) in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D - A recipient must negotiate with the appropriate EPA award official, or his/her designee, Fair share objectives for MBE and WBE participation in procurement under the financial assistance agreement. Current Fair Share Objective/Goal - The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's assistance agreements from EPA in the current fiscal year is $250,000, or more. The Iowa Department of Natural Resources ({DNR? has negotiated the following, applicable MBE/WBE fair share objectives/goals with EPA as follows: Iowa MBE WBE Supplies 0.6% 05.6% Equipment 2.5% 10.4% Services 2.5% 11.3% Construction ,1.7% 02.2% Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 - If the recipient has not yet negotiated its MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. if proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C - Pursuant to 40. CFR, Section 33.301, the recipient agrees to make the follow ng good forth efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities tothe fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State, and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time _frameslot contracts and ablish delivery_schedules, where iherequirementspermit,-in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce in finding DBEs. - (f) if the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 - The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the. Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a recipient's MBEiWBE accomplishments. I ne reports must be submltted semiannually for the periods ending March 31 and September 30. The reports are due within 30 days of the end of the semiannual reporting periods (Apr€i 30 and October 30). Reports should be sent to ATTN: Grant Assistant Final MBEiWBE reports must be submitted within 90 days after the project period of • the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.gov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 - The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and: -(c) - Recipients of a -Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and. exemptions. Programmatic Conditions 1. 1 GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term "assessment' includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k)(2)(A)(1) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described In the EPA approved work plan. A. Federal Policy and Guidance 1. a. Cooperative Agreement. Recipients: By awarding this cooperative agreement, EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 20-11- competitiorrforBrownftetds assessr- nt perative agreements. However, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. - c. The recipient must comply with Federal cross -cutting requirements. These requirements include but are not limited to, MBENVBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250- d.- The CAR must comply with Davis -Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and repair contracts and subcontracts awarded with funds provided under this agreement. Activities conducted under assessment grants generally do not involve construction, alteration and repair within the meaning of the Davis -Bacon Act The recipient must contact EPA's Project Officer if there are unique circumstances (e.g. removal of an underground storage tank or another structure and restoration of the site) which indicate that the Davis -Bacon Act applies to an activity the CAR intends to carry out with funds provided under this agreement. The Agency will provide guidance on Davis -Bacon Act compliance if necessary. B. Eligible Brownfields Site Determinations a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre -approved in the CAR's work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in §101(39) of CERCLA, the identity of the owner, and the date of acquisition. b. If the site is excluded from the general definition of a brownfield, but is eligible for a property -specific funding determination, then the CAR must provide information sufficient for EPA to make a property -specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property -specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is elinib!e 2. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants dated August 2010 for discussion of this element) documenting that: (1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum -only sites in the State, (2) the State determines there is "no viable responsible party" for the site; (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste __DisposalAct This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum -contaminated brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary. for EPA to make the determinations described in 2.a. above. 11. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement 1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the recipient must implement a corrective action plan approved by the EPA PO or EPA may terminate this agreement for materia! non-compliance with its terms. For purposes of assessment grants, the recipient demonstrates 'sufficient progress' when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition grants 'sufficient progress" is demonstrated when a solicitation for services has been released, sites are prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement is in place. 3. The recipient agrees that EPA may terminate this assistance agreement for failure to continually make sufficient progress so as to reasonably ensure completion of the project within the project period including any extensions. The EPA Project Officer will measure sufficient progress by • examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. 4. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Followirig the granting of a waiver, funding is not to exceed $350,000 at the site. B. Substantial Involvement 1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities such as monitoring, reviewing project phases, and. approving substantive terms included in professional services contracts. b. Substantial EPA invo vemenralso i-nrudes browntields property-speCific funding determinations described in I.B. under Eligible 8rownfie/ds Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under §107 of CERCLA. (See Section 11.C.3 for more information on subgrants.) c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. d. EPA may waive or modify any of the provisions in term and condition II.B.1 _, with the exception of property -specific funding determinations, through advice to the recipient. 2. Effect of EPA's substantial involvement includes: a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA §128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment.and comply with all applicable Federal and State laws. c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfieids assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. 4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. 5. CARs expending funding from a community -wide assessment grant on a particular site must include such funding amount in any total funding expended on the site. D. Quarterly Progress Reports 1 ThaCAR must submit progresssepo s electronically onaquarterly hasisioJhe_EPA Project Officer. Quarterly progress reports must include: a. Summary of approved activities performed during the reporting quarter, summary of the performance outputs/outcomes achieved during the reporting quarter, a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs/outcomes. b. An update on project schedules and milestones. c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. d. A budget recap summary table with the following information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); total remaining funds and draws submitted during the reporting quarter. 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific properties under this cooperative agreement. 3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the approved work plan. E. Property Profile Submission The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, cleanup required, contaminants, Institutional Controls, Engineering Controls) by completing and submitting relevant portions of the current approved Property Profile Form using the Brownfields Program on-line reporting system, known as Assessment, Cleanup and Redevelopment Exchanye System (ACRES). The CAR must enter l„e data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must use the ACRES system unless approval is obtained from the regional Project Officer to submit data using the Property Profile Form . F. Final Report The CAR must submit a final performance report electronically within 90 days after the end of the project period. The final report may be submitted in lieu of a final quarterly report with the approval of the EPA project officer. The final report shall include the site names, the work performed at each site and how much was spent at each site. It should also provjde information that documents the outreach efforts by the CAR and other activities that explain how the funding was expended. G. Work Product and Report Submission Format Work products and reports provided to EPA in accordance with this agreement shall be submitted in an electronic format acceptable to EPA, unless otherwise approved by the EPA project officer. Current acceptable formats include Microsoft WORD, Microsoft EXCEL or Portable Document Format (PDF). IIi. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k);. c. Using -a -portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section III.B. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the assessment activities. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost -share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost ata brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA §107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation of applications for hrnwnfields grants; (2) Record retention required under 40 CFR 31.42; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under40 CFR 31.30; (5) Maintaining and operating financial management systems required under 40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (8) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the united States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property -specific funding determination. 4. The CAR must not include management fees or similar charges in excess of the direct costs or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a diret.L cost of carrying out the scope of work. C. Interest -Bearing Accounts and Program Income 1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement. . 2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an interest bearing account. a. For interest earned on advances, CARs are subject to the provisions of 40 CFR §31.21(i) to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is consideredadditional program income. c. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 40 CFR 31.21(f). IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B, Quality Assurance (QA) Requirements Wherr environmental -samples are -collecte as par of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. 2. Individual or generic Quality Assurance Project Plans (QAPPs) for activities within the scope of this agreement must be submitted for EPA approval prior to the collection of environmental data and samples. EPA may request assistance from a state program with the review and approval of QAPPs for non -state EPA CARs. For this to occur, the state program must be authorized through an approved Quality Management Plan (QMP), to review and approve QAPPs in lieu of EPA. Review and approval of non -state EPA brownfields CAR QAPPs by a state program will be limited to those instances where there is mutual agreement among the parties involved (the state, EPA, and the CAR), and the non -State EPA CAR agrees to participate in and follow the guidelines established within the State Response Program. Oversight of the state's QAPP approval process for Brownfields will be part of the Management Systems Review (MSR) process - described in EPA Region 7s QMP. All QA documents will be prepared in accordance with current EPA requirements as defined in EPA Requirements for Quality Project Plans: EPA QA/R-5 (EPA/240IB-01/003, March 2001) and Guidance for Quality Assurance Project Plans: EPA QA/G-5 (EPA/240/R-021009, December 2002) or their subsequent revision. C. Completion of Assessment Activities The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. D. All Appropriate Inquiry 1.As required by CERCLA §104(k)(2)(B)(1i) and CERCLA §101(35)(B), the CAR shall ensure that a Phase 1 site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR. shall utilize the practices in ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule "All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content", (Publication Number: EPA 560-F-06-244). This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards. 2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must comply with 40 C.F.R. Part 312 and must, at a minimum, include the information below. The recipient must complete, sign and date a "Reporting Requirements Checklist" for each AAI report conducted under this agreement. Ail AAI reports submitted to EPA Project Officers as work products under this agreement should be accompanied by a completed checklist. The EPA's Project Officer will provide a copy of the checklist to the recipient. The checklist also is available to grantees on the EPA website at www.epa.gov/brownfields. 1. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. 2. An identification of 'significant' data gaps (as defined in 40 C.F.R. 31210), if any, in the information collected for the inquiry. Significant data gaps include missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significan_ce_of these, data gaps 3. Qualifications and signatureof the environmental professional(s). The environmental professional must place the following statements in the document and sign the document 71, WeJ declare that, to the best of[my, ourJ professional knowledge and belief, weJ meet the definition of Environmental Professional as defined in §312.10 of this part" ' jl, WeJ have the specific qualifications based on education, training, ,and experience to assess a property of the nature, history, and setting of the subject property. [l, We/ have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312" Note: Please use either '1" or -We." 4. In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding additional appropriate investigation, if the environmental professional has such an opinion. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR part 312 (or comparable requirements for those using ASTM Standard 1527-05). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure t� correct any identified deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 40 CFR 31.43(a)(2). If a recipient willfully fails to correct the deficieri4,es the Agency may consider other available remedies under 40 CFR 31.43 and 2 CFR Part 180. V. Conflict of interest: Appearance of lack of Impartiality A. Conflict of Interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. VI. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c). 2. Payment information is provided to the CAR by the Las Vegas Finance Center. The CAR shall contact the EPA Las Vegas Finance Center, P.O. Box 98515, Las Vegas, Nevada 89193-8515, (702) 798-2426, FAX (702) 798-2423 for answers to questions regarding forms utilized to. drawdown funds under this cooperative agreement B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will closeout the award when it determines that all applicable administrative actions and all required work of the grant have been completed. 2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial, performance, and other reports required as a condition of the grant. a. The CAR must submit the following documentation: 1. The Final Report as described in II.F. 2. A Final Federal Financial Report (FFR - SF425). Submitted to: U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 Fax: (702) 798-2423 http:llwww.epa.gov/ocfo/finsenrices/payinfo.html 3. A Final MBE/WBE Report (EPA Form 5700-52A). Submitted to the regional office. b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region. c. The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other grants. 2. Recipient agrees to comply with the following when selecting sub -recipients and establishing sub -awards: a) to establish all sub -award agreements in writing; b) to maintain primary responsibility for ensuring successful completion of the EPA -approved project (this responsibility cannot be delegated or transferred to a sub -recipient); c) to ensure that any sub-award(s) comply with the standards in Section 210(x) (d\ of ( &ADD Circular A 133 ..nd will t h., used to acquire c,^mmerciai Fwd, or c I uta f Iu j of J VI vu wIa1 ry I vs) aI ru :VIII siva Lim I.IJeu to y yv services for the recipient; d) to ensure that any sub-award(s) are awarded to eligible sub-recipient(s) and that proposed sub -award costs are necessary, reasonable, and allocable; e) to ensure that any sub-award(s) to 501(c)(4) organizations do not involve lobbying activities; f) to monitor the performance of the sub-recipient(s) and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; g) to-obtain_the appropriate consent omlhe EPA Projert Officer prior- to making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and to obtain prior approval from the EPA Protect Officer for any new sub - award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. Recipient agrees that any question's about the eligibility of a sub -recipient or other issues pertaining to the sub-award(s) will be addressed to the recipient's EPA Project Officer listed on the first page of your assistance award or assistance amendment document. Recipient agrees to be responsible for selection of any sub-recipient(s) and, if applicable, for conducting sub -award competitions. Additional information regarding sub -awards may be found at: http://www.epa.gov/ogd/guide/subaward-policv-part-2.pdf. Guidance for distinguishing between vendor and sub -recipient relationships and ensuring .compliance with Section 210(a) -(d) of OMB Circular A-133 may be found at: http://www.eoa.gov/ogd/guide/subawards-appendix-b.pdf http://www.whitehouse.gov/omb/financial fin single audit U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. BF - 97731201- 0 Page 1 PRG DOC ID JAMEND# BF - 97731201 - 0 DATE OF AWARD 09/27/2011 TYPE OF ACTION New PAYMENT METHOD: ACH MAILING DATE 10/04/2011 ACI 77534 . RECIPIENT TYPE: Municipal f Send Payment Request to: U.S. Environmental Protection Agency - Las Vegas FC P.O..Bcac 98515, Las Vegas, NV B9193-8515 Phone: #702-798-2426, Fax #702-7982423 RECIPIENT: PAYEE: City cCity of Waterloo 715 Mulberry Street Waterloo, IA 50703 EIN: 42-6005327 City of Waterloo 715 Mulberry Brox{ Waterloo, IA 50703 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Chris Western 715 Mulberry Street Waterloo, IA 50703 • E -Mail: chris.western erloo-ia.org Phone: 319-291-4301 Jennifer Morris 901 North Fifth Street, SUPR/STAR KansasKS 66101 City, E -Mail: Morris.Jennifer@epamail.epa.gov Phone: 913551-7341 Connie Alien Grants Management 0 + PLMpagoy /GRMS E -Mail: Ailen.Connie(I�epamail.epagov Phone: 913-551-7363 PROJECT TITLE AND DESCRIPTION Brownfrelds Petroleum Assessment This award provides funding to the City of Waterloo, lowa to be used to conduct community wide environmental assessments at potential brownfield s es contaminated with petroleum products. The grant recipient will conduct site prioritization, then Phase 1 and Phase II assessments at selected sites. Funds will also be used for public outreach and community involvement/public participation processes and cleanup planning. BUDGET PERIOD 10/01/2011 - 09/30/2014 PROJECT PERIOD 10/01/2011 - 09/30/2014 TOTAL BUDGET PERIOD COST 5200,000.00 TOTAL PROJECT PERIOD COST 5200,000.00 • NOTICE OF AWARD Based on your application dated 04/20/2011, indudk g alt modifications and amendments, the United States acting by and through the US Environmer>tai Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share 100.00% of all approved budget period costs incurred, up to and not exceecing total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation d the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of - time, as -may -be granted -by EPA -T-hisagreement-issut ectto applicable -EPA -statutory provisionsA'he applicable regulatory -provisions -are 40 -CFR Chaptert, Subchapter B, and aN terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) • AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS Grants Management Office 901 North Fifth Street Kansas City, KS 66101 U.S. EPA, Region 7 Superfund Division 901 North Fifth Street Kansas City, KS 66101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Karen L. Sherrill, Grants Management Officer DATE 09/27/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION 't TYPED NAME AND TITLE - --1174-1.91.-7-4124/ Emest G. Clark, Mayor DATE FINAL EPA Funding Information BF -97731201-0 Paget FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 200,000 S 20Q.000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ • $ $ 0 Other Federal Funds $ $$ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution . $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost • $ 0 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfieids Assessment and Cleanup —Cooperative Agreements CERCLA: Sec. 101(39) CERCLA Sec. 104(k)(2) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation Deobligation WATERLOO 1107W.31018 11. E46 0700AG7 402D79EBP 4114 G7230T00 - 200,000 - - - 200,000i Bud cet Su BF - 97731201 - 0 Page 3 Tabs® A - Object Class Category . (Non -construction) Total Approved Allowable Budget Period Coat 1. Personnel $36,660- 2. Fringe Benefits $5,350 3. Travel $1,500 4. Equipment $0 5. Supplies $475 6. Contractual $156.015 7. Construction $0 8. Other $0 9. Total Direct Charges $200,000 10. Indlrect Costs: % Base • $0 11. Total (Share: Recipient 0_00 % Federal 100.00 %.) $200,000 12. Total Approved Assistance Amount $200,000 13. Program income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200,000 BF - 97731201 - 0 Page 4 Administrative Conditions 1. 1. Central Contractor Registration and Universal Identifier Requirements. A. Requirement for Central Contractor Registration (CCR). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards underthis award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient Additional information about registration procedures may be found at the CCR Internet site (currently at http:llwww.ccr.gov). 2.Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at htto://fedgov.dnb.com/webform). 3. Entitv. as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a.A Governmental organization, which is a State, local government, or Indian tribe; b.A foreign public entity; c. A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward: a.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). c.A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that a.Receives a subaward from you under this award; and b.Is accountable to you for the use of the Federal funds provided by the wbaward. 2,- Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does riot include Recovery funds (as defined in section 1512(aX2) of the American Recovery and Reinvestment Act of 2009, Pub. L 111-5) for a subaward to an entity (see definitions in paragraph e of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to www.fsrs.gov_ ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at www.fsrs.gov specify. b.Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if – i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from_ederaL procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htto://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: L As part of your registration profile at www.ccr.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if -- i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d),of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (Le., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d.Exemotions - If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. subawards, and; ii.the total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1.Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian -tribe; ii.Aforeign public entity, iii. A domestic,or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carryout the project or program (for further explanation, see Sec. –.210 of the attachment to OMB Circular A 133,"Audits of States, Local Governments, and Non -Profit Organizations") . iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the rederal funds provided by the subaward. 5.Total compensation means the cash and noncash dollar value earned by the executive during the recipifent's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(cX2)): L Salary and bonus . ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii.Earnings for services under non -equity incentive plans . This does not include group life, health, hospitalization or medical " reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. vi. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax - qualified . vii. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. Recipient agrees to submit the Federal Financial Report (FFR) form SF -425 to EPA no later than ninety (90) days after the end of the grant budget/project period. The EPA requires only the information requested on FFR lines 10d through 10o. A blank FFR is available for completion on the Las Vegas Finance Center's (LVFC) website: http://www.epa.gov/ocfo/finservices/forms.htm The Final FFR form SF -425 must be submitted to: U.S. EPA -Las Vegas FC, P.O. Box 98515, Las Vegas, NV 89193-8515. Recipient -agrees to -submit, at-a-minimurr-a-quarterly billing -(payment) requests) to -the -EPA for all eligible, allowable, allocable, necessary and reasonable costs which are incurred for this project/program. A payment request is not required to be submitted in the event that the recipient has not incurred such costs during the quarterly period, but more frequent payments may be requested as costs are incurred. 4. The Recipient agrees that none of the funds provided under this agreement may be used for subawards/subgrants or contracts to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. Congress has prohibited the EPA from using its FY 2010 and/or FY 2011 appropriations to provide funds to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to the EPA Grants Management Specialist listed on the first page of this award document. 5. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 6. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. Recipient agrees to comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, effective December 23, 1989. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Recipient also agrees to include in all solicitation documents the following: "Sub recipients who request or receive from the grant recipient a subgrant, contract, or subcontract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above." 8. Recipient agrees .to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled Responsibilities of Participants Regarding Transactions. Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient agrees that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.caov. The recipient agrees to an ongoing, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 40 -CFR -36.200 36.230. Additionally, in accordance with these regulations, the recipient must identify all known workplaces under its federal awards,. and keep this information on file during the performance of the award. Recipients classified as individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. Details concerning violation of this condition may be found under Title 40 CFR 36.510. 10. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 11. The Recipient agrees if $500,000 or more in total Federal funds is expended in any fiscal year, they will obtain a single audit from an independent auditor according to the guidance provided In OMB Circular A-133. The Recipient agrees that within nine months after the fiscal year end or 30 days after receiving the report from the auditor, they will electronically submit a copy of the data collection form SF -SAC and a Single Audit Report Package to the Federal Audit Clearinghouse Internet Data Entry System. For complete instructions for electronic submission of the SF -SAC and the Single Audit Report Package are located at the Federal Audit Clearinghouse Web site: http:J/harvester.census.yovffad 12 To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub -recipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized•to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for Imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)); and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, sub -recipients under this award, and sub -recipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under the award. 13. The Recipient agrees, in accordance with EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). RCRA Section 6002 that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 14. GENERAL COMPLIANCE, 40 CFR, Part 33 - The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D- A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient -The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's assistance agreements from EPA in the current fiscal year is $250,000, or more. The recipient accepts the applicable MBEJWBE fair share objectives/goals negotiated with EPA by the Iowa Department of Natural Resources (IDNR) as follows: Iowa MBE WBE Supplies 0.6% 05.6% Equipment 2.5% 10.4% Services 2.5% 11.3% Construction 1.7% 02.2% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as IDNR. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 - The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/ BE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C - Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTINi 7, 40 CFR, Part 33, Sections 33.502 and 34.503 - The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under. Federal Grants, Cooperative Agreements and interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBENIBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the periods ending March 31 and September 30. The reports are due within 30 days of the end of the semiannual reporting periods (April 30 and October 30). Reports should be sent to ATTN: Grant Assistant. Final MBEIWBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.gov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 .. The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) - Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Programmatic Conditions 1. I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term °assessment' includes, eligible activvities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)A04(k)(2)(A)(1)_such_as_activltiesinvolving-theanventory,_characterization,assessment, — and planning relating to brownfield sites as described in the EPA approved work plan. A. Federal Policy and Guidance 1. a. Cooperative Agreement Recipients: By awarding this cooperative agreement, _EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2011 competition for Brownfields assessment cooperative agreements. However, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. c. The recipient must comply with Federal cross -cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. d. The CAR must comply with Davis -Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and•repair contracts andsubcontracts awarded with funds provided under this agreement. Activities conducted under assessment grants generally do not involve construction, alteration and repair within the meaning of the Davis -Bacon Act. The recipient must contact EPA's Project Officer if there are unique circumstances (e.g. removal of an underground storage tank` or another structure and restoration of the site) which indicate that the Davis -Bacon Act applies to an activity the CAR intends to carry out with funds provided under this agreement. The Agency will provide guidance on Davis -Bacon Act compliance if necessary. B. Eligible Brownfields Site Determinations 1. a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre -approved in the CAR's work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in §101(39) of CERCLA, the identity of the owner, and the date of acquisition. b. if the site is excluded from the general definition of a brownfield, but is eligible for a property -specific funding determination, then the CAR must provide information sufficient for EPA to make a property -specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote ew1IUMIC development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property -specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for BrownfleldsAssessment Grants dated August 2010 for discussion of this element) documenting that (1).a State has determined that the petroleum site is of relatively low risk, as compared to other-petroleum-onlysites-in the State, (2) the State determines there is "no viable responsible party" for the site; (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site Is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum -contaminated brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the determinations described in 2.a. above. II. GENERAL COOPERATIVE AGREEMENT ADMINISTRArIVE REQUIREMENTS A Term of the Agreement 1. The termof this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. if after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the recipient must implement a corrective action plan approved by the EPA PO or EPA may terminate this agreement for material non-compliance with its terms. For purposes of assessment grants, the recipient demonstrates °sufficient progress" when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition grants sufficient progress' is demonstrated when a solicitation for services has been released, sites are prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement is in place. . 3. The recipient agrees that EPA may terminate this assistance agreement for failure to continually make sufficient progress so as to reasonably ensure completion of the project within the project period including any extensions. The EPA Project Officer will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. . 4. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the site. B. Substantial Involvement 1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. b. Substantial EPA Involvement also includes brownfields property -specific funding determinations described in I.B. under Eligible Brownfie/dsSiteDeterminations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under §107 of CERCLA. (See Section iI.C.3 for more information on subgrants.) c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. d. EPA may waive or modify any of the provisions in term and condition 11.B.1., with the exception of property -specific funding determinations, through advice to the recipient. 2. Effect of EPA's substantial involvement includes:. a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA §128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws. c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations. The CAR must obtain commercial services and products necessary to cavy out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. 4. The CAR ij rGStJUn,iU1e for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfleld site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. 5. CARs expending funding from a community -wide assessment grant on a particular site must include such funding amount in any total funding expended on the site. D. Quarterly Progress Reports 1. The CAR must submit progress reports electronically on a quarterly basis to the EPA Project OfficerQuarterly-progress-reports-must include: a. Summary of approved activities performed during the reporting quarter, summary of the performance outputs/outcomes achieved during the reporting quarter, a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs/outcomes. b. An update on project schedules and milestones. c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. d. A budget recap summary table with the following information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); total remaining funds and draws submitted during the reporting quarter. 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific properties under this cooperative agreement. 3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the approved work plan. E. Property Profile Submission The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, cleanup required, contaminants, Institutional Controls, Engineering Controls) by completing and submitting relevant portionsof the current approved Property Profile Form using the Brownfields Program on-line reporting system, known as Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final act,omplishment has occurred, or within 30 day, after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must use the ACRES system unless approval is obtained from the regional Project Officer to submit data using the Property Profile Form F. Final Report The CAR must submit a final performance report electronically within 90 days after the end of the project period. The final report may be submitted in lieu of a final quarterly report with the approval of the EPA project officer. The final report shall include the site names, the work performed at each site. and how much was spent ateach site. It should also provide information that documents the outreach efforts by the CAR and other activities that explain how the funding was expended. G. Work Product and Report Submission Format Work products and reports provided to EPA in accordance with this agreement shall be submitted in an electronic format acceptable to EPA, unless otherwise approved by the EPA project officer. Current acceptable formats include Microsoft WORD, Microsoft EXCEL or Portable Document Format (PDF). Ill. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k); c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section 111.8. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under Ill. B. 2.; and carrying out community involvement pertaining to the assessment activities. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost -share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA §107; g. To pay a cost of compliance with any federal taw, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation of applications for brownfields grants; J._ 40 CFR n+l An. (2) Record retention required under 3 1.42; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30; (5) Maintaining and operating financial management systems required under•40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (8) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of thefollowingproperties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property -specific funding determination. 4. The CAR must not include management fees or similar charges in excess of the direct costs or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. C. Interest -Bearing Accounts and Program Income 1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement. 2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an interest bearing account: a. For interest earned on advances, CARs are subject to the provisions of 40 CFR §31.21(i) to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is considered additional program income. c. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 40 CFR 31.21(f). IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. When environmental samples are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet`projectobj ctives and to minimize data loss. State law may impose additional QA requirements. 2. Individual or generic Quality Assurance Project Plans (QAPPs) for activities within the scope of this agreement must be submitted for EPA approval prior to the collection of environmental data and samples. EPA may request assistance from a state program with the review and approval of QAPPs for non -state EPA CARs. For this to occur, the state program must be authorized through an approved Quality Management Plan (QMP), to review and approve QAPPs in lieu of EPA. Review and approval of non -state EPA brownfields CAR QAPPs by a state program will be limited to those instances where there is mutual agreement among the parties. involved (the state, EPA, and the CAR), and the non -State EPA CAR agrees to participate in and follow the guidelines established within the State Response Program. Oversight of the state's QAPP approval process for Brownfields will be part of the Management Systems Review (MSR) process described in EPA Region 7s QMP. All QA documents will be prepared inaccordance with current EPA requirements as defined in EPA Requirements for Quality Assurance Project Plans: EPA QA/R-5 (EPA/240/B-011003, March 2001) and Guidance for Quality Assurance Project Plans: EPA QA/G-5 (EPA/240/R-02/009, December 2002) or their subsequent revision. C. Completion of Assessment Activities The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. D. All Appropriate Inquiry 1. As required by CERCLA §104(k)(2)(B)(ii) and CERCLA §101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the practices in ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule "All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content", (Publication Number. EPA 560-F-06-244). This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards. 2. All Appropriate Inquiries (AAI) final reports produced with'funding from this agreement must comply with 40 C.F.R. Part 312 and must, at a minimum, Include the information below. The recipient must complete, sign and date a "Reporting Requirements Checklist" for each AAI report conducted under this agreement. All AAI reports submitted to EPA Project Officers as work products under this agreement should be accompanied by a completed checklist. The EPA's Project Officer will provide a copy of the checklist to the recipient. The checklist also is available to grantees on the EPA website at www.epa.govibrownfields. 1. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and 1 J ...L tam___ contaminants, petroieum or petroleum products, or controlled substances, on, at, in, or to the subject property. 2. An identification of 'significant" data gaps (as defined in 40 C.F.R. 31210), if any, in the information collected for the inquiry. Significant data gaps indude missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significance of these data gaps. 3. Qualifications and signature of the environmental professional(s). The environmental professional -must -place -the -following -statements -in the -document -and -sign -the document: '[l, WeJ declare that, to the best of[my, our/ professional knowledge and belief, li, weJ meet the definition of Environmental Professional as defined in §31210 of this part." `[l, Wel have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. 11, WeJ have developed and performed the all appropriate inquiries in. conformance with the standards and practices set forth in 40 CFR Part 312." Note: Please use either T or ''We." 4. In compliance with §312.31(b), the environmental professional must indude in the final report an opinion regarding additional appropriate investigation, if the environmental professional has such an opinion. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR part 312 (or comparable requirements for those using ASTM Standard 1527-05). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure to correct any identified deficiencies may result in EPA disallowing the costs fortheentire AAI report as authorized by 40 CFR 31.43(a)(2). If a recipient willfully fails to correct the deficiencies the Agency may consider other available remedies under 40 CFR 31.43 and 2 CFR Part 180. V. Conflict of interest Appearance of lack of Impartiality A. Conflict of interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR. (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (1) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To -the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. VI. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c). 2. Payment information is provided to the CAR by the Las Vegas Finance Center. The CAR shall contact the EPA Las Vegas Finance Center, P.Q. Box 98515 Las VegasNe_vas1a_811i2&8515, (702) 798-2426, FAX (702) 798-2423 for answers to questions regarding forms utilized to drawdown funds under this cooperative agreement. S. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close out the award when it determines that all applicable administrative actions and all required work of the grant have been completed. 2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial, performance, and other reports required as a condition of the grant. a. The CAR must submit the following documentation: 1. The Final Report as described in II.F. 2_ A Final Federal Financial Report (FFR - SF425). Submitted to: U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 Fax (702) 798-2423 http://vvww.epa.gov/ocfoifinservices/payinfo.htrni 3. A Final MBE/WBE Report (EPA Form 5700-52A), submitted to the regional office. b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region. c. The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other grants. 2. Recipient agrees to comply with the following when selecting sub -recipients and establishing sub -awards: a) to establish all sub -award agreements in writing; b) to maintain primary responsibility for ensuring successful completion of the EPA -approved project (this responsibility cannot be delegated or transferred to a sub -recipient); c) to ensure that any sub-award(s) comply with the standards in Section 210(a) -(d) of OMB Circular A-133 and will not be used to acquire commercial goods or services for the recipient; d) to ensure that any sub-award(s) are awarded to eligible sub -recipients) and that proposed sub -award costs are necessary, reasonable, and allocable; e) to ensure that any sub-award(s) to 501(c)(4) organizations do not involve lobbying activities; f) to monitor the performance of the sub-recipient(s) and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; 9) to obtain. the appropriate consent from the EPA Project Officer prior to making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and h) to obtain prior approval from the EPA Project Officer for any new sub - award -work -that -is -not -outlined the-approved-wor#planAn-ac-eordance-with-40£FR Parts 30.25 and 31.30, as applicable. Recipient agrees that any questions about the eligibility of a sub -recipient or other issues pertaining to the sub-award(s) will be addressed to the recipient's EPA Project Officer listed on the first page of your assistance award or assistance amendment document. Recipient agrees to be responsible for selection of any sub-recipient(s) and, if applicable, for conducting sub -award competitions. Additional information regarding sub -awards may be found at http://www.epa.uov/oqd/quide/subaward-policy-part-2.pdf. Guidance for distinguishing between vendor and sub -recipient relationships and ensuring compliance with Section 210(a) -(d) of OMB Circular A-133 may be found at http://www.epa.gov/ogd/Quide/subawards-appendix-Opdf http://www.whitehouse.gov/omb/financial fin single audit Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Development Agreement with the Cedar Valley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus and authorize Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving Development Agreement Summary Statement: As you may recall, John Deere donated several buildings for the development of the Tech Works Campus. Many of those buildings were demolished, or slated for redevelopment. This Development Agreement would work to provide for a variety of incentives and methods for the City of Waterloo to aid the Cedar Valley Tech Works and FDP WTC, LLC for the redevelopment of the Tech 2 building and campus improvements. The agreement would have the City of Waterloo bonds funds to help for the overall financing of the project will work to utilize State and Federal Historic Tax Credits, Disaster Bond funds, New Market Tax Credits, Brownfield Greyfield Tax Credits, etc. for the overall redevelopment of the former John Deere building. The building would be redeveloped for a muti-use building including office space, training space, incubator space, display space, and hotel use. The overall building redevelopment will work to utilize wind energy, solar energy, as well as many LEED certified and innovative techniques to save and create power sources for the overall Tech Works Campus redevelopment and new development. The bonds issued would be covered in the wording of the agreement by the new taxable value being created by this project, future projects, and other collateral. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Source of Funds: bonds Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The Tech Works Campus was setup through a large donation by Deere and Company to help fuel the bio -industries to the area, as well as create new and innovative business space sites near Downtown Waterloo and the John Deere campus. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward HAROLD GETTY {Ward 3 QUENTIN HART Ward 4 RON WELPER wards BOB GREENWOOD At -Large STEVE SCHMITF At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/23/2012 Prepared: 1/18/2012 Dept. Head Signature: G44/7 b , # of Attachments: SUBJECT: Sewer Regulation Ordinance Change Submitted by: Larry N. Smith Recommended City Council Action: Requesting approval to amend Waterloo City Code - Section 8 - Public Utilities - Chapter 3 - Sewer Regulations - Article A - User Charges and Fees (8 -3A -2:A.3) to read as follows: 3. User who are located outside of the limits of the city shall pay double the rates specified herein, (Ord.4261, 10-6-1997) unless an agreement has been reached and signed between the City of Waterloo and the contributing municipality or entity. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Regionalization of the City of Waterloo Waste Water Sewer Treatment Facility. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 8-3A-1 8-3A-2 SECTION: 8-3A-1: 8-3A-2: 8-3A-3: 8-3A-4: 8-3A-4-1: 8-3A-4-2: 8-3A-4-3: 8-3A-4-4: 8-3A-4-5: CHAPTER 3 SEWER REGULATIONS ART CLE A. USER CHARGES AND FEES Wastewater Volume Determination Of Rates And Charges Charges And Fees Connection Charges Building Sewer Connection Charges; Determination Cross And Lateral Sewer Connection Charges Use Of Sewer Connection Charges Permitted Connections Violations And Penalties 8-3A-1: WASTEWATER VOLUME: A. For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the waterworks or private water supply unless otherwise approved by the superintendent. If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the superintendent and shall pay the appropriate user charges. B. All charges and fees not otherwise provided for in this article shall be set by resolution. (Ord. 4261, 10-6-1997) 8-3A-2: DETERMINATION OF "ATES AND CHARGES: A. Each connection to the POTW shall pay user charges in accordance with the following schedule: 1. The maximum quarterly rate shall be based on one hundred percent (100%) of water consumption during the winter quarter as recorded by the Waterloo waterworks. For those users of water March 2011 City of Waterloo 8-3A-2 8-3A-2 being billed on a monthly basis by the Waterloo waterworks, the maximum monthly rate shall be based on one hundred percent (100%) of the monthly water consumption. Industrial users will be billed on actual water consumption unless otherwise approved by the superintendent. Any special or private contracts shall be metered at the user's expense. (Ord. 4261, 10-6-1997) 2. Users who have their own private wells shall pay a minimum of fifty three dollars eighty three cents ($53.83) per quarter, unless required to properly meter wastewater flows by the superintendent. (Ord. 4699, 6-14-2004) 3. Users who are located outside of the limits of the city shall pay double the rates specified herein. (Ord. 4261, 10-6-1997) 4. If the rates as specified in this section are not paid when due as required by this section, there shall be added to the rates a penalty of five percent (5%). The clerk shall certify to the county treasurer all sewer rates, charges or rentals and penalties delinquent. (Ord. 4482, 5-29-2001) 5. A surcharge for wastewaters in excess of domestic strength and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula: BOD - $0.10/pound TSS - 0.10/pound TKN - 0.10/pound (Ord. 4261, 10-6-1997) 6. The following sewer rental charge shall become effective upon passage of this section: Minimum monthly charge' Minimum quarterly chargee Per Ccf3 over minimum monthly charge $12.50 37.50 1.98 Notes: 1. Includes first 3 Ccf. 2. Includes first 9 Ccf. 3. Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit. (Ord. 4997, 6-21-2010) March 2011 City of Waterloo Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, =IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/30/2012 Prepared: 1/23/2012 Dept. Head Signature:/47 # of Attachments: SUBJECT: Establish sewer rates for outside city users Submitted by: Larry N. Smith Recommended City Council Action: Requesting to establish rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with City of Waterloo. The agreement will contain details of additional charges in accordance with Waterloo Sewer Use Ordinance and be signed by the Mayor and City Clerk of Waterloo. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB• GREENWOOD .4t -Large STEVE SCHMITT At -Large CITY OF WATERLOO, 10 VA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/30/2012 Prepared: 1/23/2012 Dept. Head Signature: f`/% # of Attachments: SUBJECT: Security Services Submitted by: Larry N. Smith Recommended City Council Action: Requesting permission to seek bids to provide security services for the Waste Management Services Department. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Security services to be provided from 3:OOpm - 7:OOam daily. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 13, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 SULLIVAN PARK SHELTER PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Approve Plans, Specifications and Form of Contract for the 2012 SULLIVAN PARK SHELTER PROJECT and set the date of Public Hearing and Bid Opening as February 20, 2012. Summary Statement: This project is to construct an octagon shelter at Sullivan Park, East 4th Street & Adams Street, Waterloo Iowa. Above -referenced project documents will be available for review in the office of the City Clerk, 715 Mulberry St. and Leisure Services, 1101 Campbell Ave, Waterloo, Iowa. Expenditure Required: No expenditure at this time. Project is estimated at $50,000.00 Source of Funds: Project cost will be funded by a combination of Leisure Services -Park Improvement, G.O. Bond Fund and Waterloo Community Development Block Grant. Policy Issue: NA Alternative: NA Background Information: Waterloo Community Development Block Grant contract signed July 1, 2011 in the amount of $27,500.00, with completion date June 30, 2012. CITY OF WATERLOO Council Communication City Council Meeting January 30`1', 2012 Prepared: January 25th, 2012 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: 0 SUBJECT: F.Y. 2012 West Shaulis Road/Ansborough Ave Contract No. 784 STP -U-8155(711)-70-07 Notice of Public Hearing Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Receive and approve Plans and Specifications as prepared by Kirkham -:Michael and Associates and set February 20, 2012 as date for Public Hearing and instruct City Clerk to publish said Notice of Public Hearing. Summary Statement This project will be let by the Iowa DOT on February 21, 2012. . Expenditure Required $2,779,000 Source of Funds Federal STP Funds(80%) or $2,223,200, City Match (G.O. Bond Funds) (20%) or $555,800. Policy Issue N/A Alternative N/A Background Information: In 2009, West Shaulis Road was paved from Hoff Rd. to Ansborough Avenue under Phase I improvements. Now, Phase II improvements extends Shaulis Road from Ansborough Avenue to Highway 21 (Hawkeye Road), and includes paving Ansborough Avenue from Shaulis Road to the Highway 20 interchange. PUBLIC WORKS COMMITTEE January 30, 2011 4:50 p.m. Council Chambers Roll Call: Members: Chairperson Bob Greenwood Ron Welper Harold Getty Approval of Agenda, as proposed. NEW BUSINESS 1. Ordinance change and establishment of sewer rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with the City of Waterloo—Submitted by Larry N. Smith, Waste Management Services Superintendent. ADJOURNMENT Suzy Schares City Clerk Mayor BUCK CLARK COUNCIL MEMBERS 00.0000OOO CH*lNNC DAVID JONES 11ard 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUEN T IN HART Ward 4 RON WELPER Ward BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/23/2012 Prepared: 1/18/2012 Dept. Head Signature: " 2%1-1 # of Attachments: SUBJECT: Sewer Regulation Ordinance Change Submitted by: Larry N. Smith Recommended City Council Action: Requesting approval to amend Waterloo City Code - Section 8 - Public Utilities - Chapter 3 - Sewer Regulations - Article A - User Charges and Fees (8 -3A -2A.3) to read as follows: 3. User who are located outside of the limits of the city shall pay double the rates specified herein, (Ord.4261, 10-6-1997) unless an agreement has been reached and signed between the City of Waterloo and the contributing municipality or entity. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Regionalization of the City of Waterloo Waste Water Sewer Treatment Facility. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 8-3A-1 8-3A-2 SECTION: 8-3A-1: 8-3A-2: 8-3A-3: 8-3A-4: 8-3A-4-1: 8-3A-4-2: 8-3A-4-3: 8-3A-4-4: 8-3A-4-5: CHAPTER 3 SEWER REGULATIONS ARTICLE A. USER CHARGES AND FEES Wastewater Volume Determination Of Rates And Charges Charges And Fees Connection Charges Building Sewer Connection Charges; Determination Cross And Lateral Sewer Connection Charges Use Of Sewer Connection Charges Permitted Connections Violations And Penalties 8-3A-1: WAS1EWATE=' VOLUME: A. For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the waterworks or private water supply sinless otherwise approved by the superintendent. If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the superintendent and shall pay the appropriate user charges. B. All charges and fees not otherwise provided for in this article shall be set by resolution. (Ord. 4261, 10-6-1997) 8-3A-2: DETERMINATFSN OF RATES AND CGES: A. Each connection to the POTW shall pay user charges in accordance with the following schedule: 1. The maximum quarterly rate shall be based on one hundred percent (100%) of water consumption during the winter quarter as recorded by the Waterloo waterworks. For those users of water City of Waterloo March 2011 8-3A-2 8-3A-2 being billed on a monthly basis by the Waterloo waterworks, the maximum monthly rate shall be based on one hundred percent (100%) of the monthly water consumption. Industrial users will be billed on actual water consumption unless otherwise approved by the superintendent. Any special or private contracts shall be metered at the user's expense. (Ord. 4261, 10-6-1997) 2. Users who have their own private wells shall pay a minimum of fifty three dollars eighty three cents ($53.83) per quarter, unless required to properly meter wastewater flows by the superintendent. (Ord. 4699, 6-14-2004) 3. Users who are located outside of the limits of the city shall pay double the rates specified herein. (Ord. 4261, 10-6-1997) 4. If the rates as specified in this section are not paid when due as required by this section, there shall be added to the rates a penalty of five percent (5%). The clerk shall certify to the county treasurer all sewer rates, charges or rentals and penalties delinquent. (Ord. 4482, 5-29-2001) 5. A surcharge for wastewaters in excess of domestic strength and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula: BOD - $0.10/pound TSS - 0.10/pound TKN - 0.10/pound (Ord. 4261, 10-6-1997) 6. The following sewer rental charge shall become effective upon passage of this section: Minimum monthly charge' Minimum quarterly chargee Per Ccf3 over minimum monthly charge $12.50 37.50 1.98 Notes: 1. Includes first 3 Ccf. 2. Includes first 9 Ccf. 3. Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit. (Ord. 4997, 6-21-2010) March 2011 City of Waterloo ttgyor BUCK CLARK COUNCIL MEMBERS DAVID JONES Fi'orr11 CAROLY1N COLE Ward HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON \YELPER Ward BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 2291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 1/30/2012 Prepared: 1/23/2012 Dept. Head Signature: # of Attachments: SUBJECT: Establish sewer rates for outside city users Submitted by: Larry N. Smith Recommended City Council Action: Requesting to establish rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with City of Waterloo. The agreement will contain details of additional charges in accordance with Waterloo Sewer Use Ordinance and be signed by the Mayor and City Clerk of Waterloo. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1. 2. 3. 4. FINANCE COMMITTEE January 30, 2012 5:00 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Steve Schmitt Quentin Hart Approval of Agenda, as proposed. Approval of Minutes of January 23, 2012. NEW BUSINESS Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Dan Trelka, Director of Safety Services; Captain Mohlis; Lieutenant Krough; Lieutenant McNamee; Lieutenant Cirksena; Lieutenant Payne Finding The Leader in You Cedar Rapids, Iowa March 1- 2, 2012 $2,154.00 Investigator Hesse ICAC TLP P2P Ankeny, Iowa February 21-23, 2012 $430.00 Lieutenant Campbell; Sergeant Ludwig; Officer Stratton; Officer Del Valle Female Enforcers Seminar St. Paul, Minnesota March 11-12, 2012 $1,117.00 Luke Even, Forestry Foreman Midwestern Chapter of the International Society of Arboriculture's 66th Annual Conference Overland Park, Kansas February 1-3, 2012 $750.00 5. Approval of garbage refund in the amount of $202.26 for Grace Evangelical Lutheran Church located at 1024 W. 8th Street—Submitted by Suzy Schares, City Clerk. 6. Approval of garbage refund in the amount of $243.00 for Lorna Custard located at 1440 Glenny Avenue Submitted by Suzy Schares, City Clerk. 7. Approval of garbage refund in the amount of $66.00 for Brock Kiple located at 437 Edwards Street—Submitted by Suzy Schares, City Clerk. 8. Pre Authorizations to Expend over $1,000.00 Dept. Amo Est Expenditure Building/Maintenance $4,120.00 Additional painting at City Hall Engineering $1,850.00 Renewal of Mobile Connect and Mobile License Maintenance for the PavePlus View and the Map Director ARC GIS software Engineering $4,792.00 Iowa Stormwater Education & Outreach Program (ISWEP) annual membership dues Information Services $1,172.90 20 Pack LTO -5 data tapes Leisure Services $2,800.00 Signage for the boating center, 8'X6" two sided sign Leisure Services $4,500.00 Lumber for 4 tee -ball dugouts at Riverfront Sports Park Planning & Zoning $2,700.00 Survey services for Cedar Valley Sportsplex Project Police $3,903.00 Renewal Maintenance Agreement for Mobile Vision Cameras and Server for patrol vehicle fleet Police $1,694.00 Two M/A comm. P7200/7100 tactical head sets with neckband and gel ear cup pads Police $1,197.50 + $20.00 Fifty Taser 25 XP cartridges for Tasers Street $7,381.50 Tire Replacement for Motor Grader BO1 Traffic $1,874.56 Pump Repair kits, filters, wires & diaphrams Traffic $6,975.00 180 LED Green Arrows Traffic $12,589.50 Programmable 12" Red and Green LEDs Traffic $5,685.00 4 Channel Opticom EVP Waste Management Services $24,221.25 + 725.00 Yard Carts and garbage carts BILLS PAYMENT ADJOURNMENT Suzy Schares City Clerk FINANCE COMMII'I'hE January 23, 2012 5:00 p.m. Council Chambers Members present: Cole, Schmitt, Hart. Moved by Hart, seconded by Schmitt that the Agenda, as Motion carried. - Moved by Hart, seconded by Schmitt that the Minutes approved. Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that the request approved. proposed, be approved. Ayes: Three. of January 9, 2012, as proposed, be for the following travel requests, be Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sergeant McClelland; Officer Erie; and Investigator Gergen International Law Enforcement Educators and Trainers Association Wheeling, Illinois April 16.- 20, 2012 $2,267.00 Waterloo Fire Rescue Personnel Fire Command Training Leadership Waterloo, Iowa November 27, 2012 $500.0() Dennis Gentz, Assistant City Engineer 48th Annual Concrete Paving Workshop Des Moines, Iowa February 1-3, 2012 $360.00 Greg Ahlhelm, Plans Examiner Plan Review Institute Myrtle Beach, South Carolina April 20- 30, 2012 $1,970.00 Mayor Buck Clark Iowa League of Cities Meetings, including board meeting Des Moines, Iowa January 24-25, 2012 $245.00 Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that environmental work for acquisition of property at 1001 Linden Avenue, Master Brand (Omega Cabinets building) —Submitted by Noel Anderson, Community Planning & Development Director, be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the request for the following pre -authorizations to expend over $1,000.00, be approved. Pre -Authorizations to Expend over $1,000.00 Dept. Amount + Est. S/H Expenditure Airport $4,500.00 Purchase sand for use on the runways, taxiways and ramps to improve braking action Building/Maintenance $4,032.00 + Pay for emergency repair of B & G mounted pump for $200.00 Five Sullivan Brothers Convention Center Cultural & Arts $4,372.00 Pay for Phelps Youth Pavilion construction/remodeling services Cultural & Arts $2,000.00 Pay for La Crosse Graphics to print and mail the Spring & Summer WCA & Phelps Youth Pavilion Programming Engineering $2,470.00 + Pay for repairs to the GPS survey system receiver $50.00 Finance Committee January 23, 2012 Page 2 Human Rights $150.00 Pay for Lionel Foster to train commissioners and interns on the investigation process Human Rights $255.00 Pay for Jeff Schott to train commissioners on their role to the Waterloo Commission on Human Rights Information Services $14,496.30 Purchase Poweredge T710 server Leisure Services $8,180.00 Pay for tank upgrade at Cedar River/Exchange Park Leisure Services $7,200.00 Pay for production television commercials and airing of commercials for all three municipal golf courses Police $2,837.00 Pay to repair police patrol vehicle damage Street $6,584.78 Pay for reconditioned rear axle assembly, differential, ring gear and bearing replacement Traffic Operations $3,500.00 Pay for directional bore and conduit for street lights on Williams Drive Traffic Operations $24,336.70 Purchase white and yellow fast dry marking paint and reflectorized beads Waste Management Services $2,550.00 + $125.00 Purchase new locker room sink to replace current one Waste Management Services $2,804.00 + $70.00 Purchase repair parts for filter press Mr. Schmitt questioned the directional bore and conduit expense for the Williams Drive and if it is normally the City's expense or the developers expense. Sandie Greco, Traffic Superintendant, reported that the developer is putting in the remaining lights. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Authorization to increase Line Items on file in the City Clerk's office in the amount of $10,500.00—Submitted by Central Garage Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Authorization to increase Line Items on file in the City Clerk's office in the amount of $266,659.00—Submitted by Community Development Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Authorization to increase Line Items 011 file in the City Clerk's office in the amount of $379,829.00—Submitted by Community Development Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Authorization to increase Line Items on file in the City Clerk's office in the amount of $7,757,047.00—Submitted by Finance Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that project budget in the total amount of $451,098.00 for Geraldine Road — Phase II—Submitted by Engineering Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that project budget to purchase bullet proof vests funded 50 percent with grant funds in the total amount of $33,573.00—Submitted by Police Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that project budget to use funds donated by the Charlotte Swanger Estate for materials in the amount of $24,332.89—Submitted by Library Department, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that project budget for the Francis Grout School demolition at a total cost of $380,000.00. $43,525.00 is being funded through a forgivable loan—Submitted by Community Planning & Zoning Department, be approved. Ayes: Three. Motion carried. Finance Committee January 23, 2012 Page 3 Moved by Cole, seconded by Schmitt that Bills Payment, as contained in Schedule AP642, dated January 23, 2012, pp. 1-87, in the amount of $3,120,848.92, be received, placed on file and approved and forwarded to the full council for approval. Ayes: Three. Motion carried. With no further business before the committee, it was moved by Hart, seconded by Schmitt that the meeting be adjourned at 5:07 p.m. Ayes: Three. Motion carried. Suzy Schares City Clerk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Origin& - Clerk/Finance STAFF ONLY 010-11-1100-1346 _620)(3. 0 C1 .2e) :.2/5-6lz OO / -y! Copy - Department NAME(S) AND POSITION(S): Director Trelka, Capt. Mohlis, Lt. Krogh, Lt. McNamee Lt. Cirksena, & Lt. Payne DATE: January 9, 2012 NAME OF CLASS / MEETING: Finding The Leader in You DESTINATION: Cedar Rapids, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 1, 2012 Return Date: March 2, 2012 DATE(S) OF MEETING: March 1-2,2012 PURPOSE OF TRAVEL: Director Trelka is requesting authorization to send members of the Waterloo Police Department Command staff to the Finding the Leader in You course on March 1-2, 2012, in Cedar Rapids, Iowa. These Officers are members of the Waterloo Police Department Command staff and are responsible for the management of resources and personnel for the Police Department. This 2- day course is designed to develop managers into highly effective leaders by teaching such techniques such as how to develop goals & trust to develop a good team. The cost of registration is $329.00 per student and the officers will drive to the school every day so there is no lodging required. The only cost would be lunch each day for the officers. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 0.00 LODGING $180.00 MEALS $1974.00 REGISTRATION $0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 2154.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 359.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY 010-11-1160- 1346 11P120 ICAC LINE ITEM USED FY 2012_ BUDGETED EXPENDED YTD THI5 REQUEST LEFT AFTER THIS REQUEST BATE Original Clerk/Finance NAME(S) AND POSITION(S): Inv. Stacy Hesse DATE: January 19,2012 Copy - Department NAME OF CLASS / MEETING: ICAC TLO P2P DESTINATION: Ankeny, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: February 21,2012 RETURN DATE: February 23,2012 DATE(S) OF MEETING: Feb. 21-23,2012 PURPOSE OF TRAVEL: Sgt. Rogers is requesting to send Inv. Stacy Hesse to an ICAC TLO P2P course in Ankeny, IA., Feb. 21-23, 2012. This training is a follow up class, which Inv. Hesse attended last June. This training will focus on software TLO Peer to Peer and it's application in searching for child pornography. Iowa ICAC will reimburse the city of Waterloo for all listed expenses except fuel. A city vehicle will be required to drive top the training location. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ 00.00 1ETHOD OF TRAVEL: xx CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $250.00 LODGING $105.00 MEALS $0.00 REGISTRATION $75.00 MILEAGE/FUEL TOTAL FOR ALL: $ 430.00 TAXI PARKING AIRFARE MISC/TOLLS I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO `EPARTMENT HEAD DATE BUDGET LINE ITEM: 010-11-1160-1346 11PRO ICAC XX xx GRANT REIMBURSABLE YES NO XX REQUIRED CERTIFICATION YES NO TOTAL: $ 430.00 PER PERSON I APPROVE THIS TRAVEL REQUEST MAYOR DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 64000 FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance ,211&,3 us (1/7= 3 Copy - Department NAME(S) AND POSITION(S): Lieutenant Lisa Campbell. Sgt. Melissa Ludwig, and Officer's Jody Stratton & Diana Del Valle DATE: January 19, 2012 NAME OF CLASS / MEETING: Female Enforcers Seminar DESTINATION: St. Paul, Minnesota DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 11,2012 Return Date: March 12, 2012 DATE(S) OF MEETING: March 12, 2012 PURPOSE OF TRAVEL: Lt.'s Campbell & Carrier are requesting authorization to send Lt. Lisa Campbell, Sgt. Melissa Ludwig, and Officer's Jody Stratton and Diana Del Valle to the Female Enforcer seminar at the St. Paul Police Department on March 12th, 2012, in St. Paul, Minnesota. This 8 -hour course presents skill sets designed to enhance the proficiency of female crime fighters mentally, physically, and tactically. It will address the reality of working as a female law enforcement officer. The cost of registration is $130.00 per Officer and would require lodging the night before the class and food. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES x COST $ NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 250.00 $372.60 of -7: $520.00 $75.00 LODGING MEALS REGISTRATION MILEAGE/FUEL 1,(11 -- TOTAL TOTAL FOR ALL: $ 1-2190 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 304.25 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE I APPROVE THIS TRAVEL REQUEST MAYOR DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED C//Gi 37 442 0 /347, FY: / BUDGETED j6,00- EXPENDED YTD A/3 THIS REQUEST 7:5-t LEFT AFTER THIS r/7 REQUEST /17 DATE rnz,J Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Luke Even, Forestry Foreman DATE: 1/20/12 NAME OF CLASS / MEETING: Midwestern Chapter of the International Society of Arboriculture's 66th Annual Conference DESTINATION: Overland Park, KS DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: February 1, 2012 RETURN DATE: February 3, 2012 PURPOSE OF TRAVEL/TRAINING: Educational in the field of arboriculture. Collect CEU's for required Certified Arborist status DATE(S) OF MEETING: February 1-3, 2012 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE X PRIVATE VEHICLE DEPARTING FROM: ESTIMATE OF COST: $200 LODGING TAXI X GRANT REIMBURSABLE MEALS $30 PARKING YES NO $320 REGISTRATION AIRFARE X REQUIRED CERTIFICATION $200 MILEAGE/FUEL MISC/TOLLS YES NO BUDGET LINE ITEM: 010-37-4100-1346 TOTAL FOR ALL: $ 750 I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF 00 TOTAL: $ 750 PER PERSON I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WA 1'ERLOO Committee Communication Finance Committee Meeting: Tanuary 30, 2012 Prepared: Tanuary 23, 2012 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Refunds for several properties Submitted by: Suzy Schares, City Clerk Recommended Committee Action: Approval of the following refunds: Grace Evangelical Lutheran Church of 1024 West 8th Street is requesting a garbage reimbursement in the amount of $202.26 because the property had a private hauler and therefore did not utilize city garbage pick up services. Lorna Custard for property located at 1440 Glenny Avenue is requesting a garbage reimbursement in the amount of $243.00 because the property has been vacant since May 2010 and therefore did not utilize city garbage pick up services. Brock Kiple for property located at 437 Edwards Street is requesting a garbage reimbursement in the amount of $66.00 because the property qualified for a garbage reduction and overpaid on their bills. Summary Statement: The above individuals have requested a reimbursement. The letters and account information is attached. Expenditure Required: As indicated above Source of Funds: GARBAGE REFUND YARD WASTE REFUND SEWER REFUND STORM WATER FEE REFUND Policy Issue: None Alternative: Not give the reimbursements 525-15-5400-1785 525-15-5400-1785 520-14-5200-1785 521-07-7830-1785 Background Information: Recommendation for reimbursements are only made after Waterloo Water Works and Waste Management Services have been contacted to verify the information given by the individual. Grace Evangelical Lutheran Church Waterloo Water Works 16.00 BOARD OF PROTERTIES:16.b3 u -4(/(e 12/15/2011 -� 14634 294.85 G,Lgvu,hrtif- New Checking Accou PO 1924 V ` / 294.85 UUG6DF R DISPLAY Displ Account No 06 40 1530 . 7582 Bi Customer GRACE LUTHERAN CHURC Address 1024 W 8TH 5=Payments ? Billing Consu Date 11/09/11 5 8/09/11 4 5/10/11 5 2/07/11 5 11/08/10 4 8/06/10 5 UUG6Dr'R DISPLAY ay Account History Iling Date. Ph 235-6705 ST WATERLOO Water Sewer Payment Payment 17.84; _ 40.13- 19.55- 17.87- 18.66- 16.85- 16.85- 43.89- 40.13- 42.01 40.13- 40.13 - Garbage Payment 36.87- 33.71- 33.71-0 6.87- 33.71-33.71-0 STORM Payment 132.41- 12/28/11 14:46:24 Activity T Paym 190.41- 0 Cnd RT 144.79- 245.10- P RT 132.41- 224.12- P RT* 138.60- 232.98- P 138.60- 195.58- P * 132.41- 189.39- P * Display Account History Account No 06 40 1531 7583 Billing Date Customer GRACE EVAN LUTHERAN CH Ph 235-6705 Address 1024 W 8TH ST A WATERLOO 5=Payments ? Billing Consu Date 11/09/11 19 8/09/11 5/10/11 2/07/11 11/08/10 8/06/10 Water Sewer Payment Payment 40.52- 63.92- 22 46.00- 73.10- 13 31.01- 48.60- 14 33.71- 53.09- 14 30.46- 50.72- 12 28.02- 46.48 - Garbage Payment 36.87-c 33.71- 33.71 - STORM Payment 12/28/11 14:41:34 Activity Total St Cnd Payment 104.44- P RT 155.97- P RT 113.32- P RT* 120.51- P 81.18- P * 74.50- P F3=Exit F14=Mthly Bill F16=Acct Info F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS IM dl'1 / Ce a PK 00 I 47,- "my "1-‘4-114 Lor na. Cc4 i Vvo 6/2m.n r/ 70 'OCA 1 Lt A.v t -e Ar Al C / 44-*- maxi, /7c tj 4)Lf r t11 i / , T h // � / , l ,,r el-ce 4- J7 a.&Q Ln Lnilia_ i loG � —: o�d#' e/crams L U �-- S �� i . ' i� Kip • r l�zX/f dtiP �CiI ,a e,,ed/ 1- i-,,,,),ILe, 54_ Y•6. - , /,,,,______ --,acy-e ,-, . f2e.as, .s.L.S Vile ch,c4 i 149 _aeal !,rag P-WC/60 i Vvo 6/2m.n r/ 70 'OCA UUG6DFR DISPLAY -- Display ISPLA -- Display Account History - Account No 07 10 1700 5847 Billing Date Customer CUSTARD LORNA Ph 233-6796 Address 1440 GLENNY AVE WATERLOO 5=Payments ? Billing Consu Water Sewer Garbage STORM Date Payment Payment Payment Payment 11/16/11 1 17.87- 37.50- 40.50- c 8.25- '8/16/11 2 17.87- 37.50- 40.50- 8.25- 5/16/11 3 18.71- 39.38- 42.53-c 8.66- 2/14/11 1 17.87- 37.50- 40.50-c 8.25- 11/15/10 2 16.85- 37.50- 40.50-¢ 8.25- 8/13/10 9 16.85- 37.50- 40.50-4 8.25 - 1/25/12 10:39:58 . Activity Total St Cnd Payment 104.12- P 104.12- P 109.28- P RT 104.12- P 103.10- P 103.10- P F3=Exit F14=Mthly Bill F16=Acct Info F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS -\R_tIcAa UUG6DFR DISPLAY 1/25/12 10:43:05 Display Account History 27526 Billing Date Ph ST WATERLOO Sewer Garbage STORM Payment Payment Payment 40.44- 0 8.66 - Account -No 04 10 1370 Customer KIPLE BROCK Address 437 5=Payments ? Billing Consu -Date _ 1/30/12 17 SER- _ 10/28/11 10 SERV _ 7/28/11 0 SERV _ 4/28/11 7 SERV _ 1/26/11 23 SERV 10/27/10 22 SERV EDWARDS Water Payment .90- 19.13- .90- 17.87- .90- 23.88- .90- 35.82- .90- 32.55- .90- 37.50- 2.47- 37.50- 39.78- a 8.25- 43.48- 28.51- ' 8.25- 65.22- 40.50- 8.25- 63.24- 40.50-* 8.25- F3=Exit F14=Mthly Bill F16=Acct Info F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS 6mAigs, 6(rb i 4J6til46 Activity RB Total Payment 50.00- 60.00- P 104.30- P * 105.02- P 150.69- P 145.44- P St -Cnd F17=Bill F18=Bi11/Pmt F19=Cust cuLV 'RA (i1}'ti .6 @C . u'D j G r- City of Waterloo City Clerk Use Only Finance Committee Approval Date Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Building Maint Department to expend $ 4,120.00 plus est. shipping costs of $ to pay for or purchase This purchase or expenditure is being made because: Labor/material for additional City Hall painting $2335.00 Labor/material for additonal painting at Fire Stat; Chief & Secretary's Office $1785.00 Vendor selected for this purchase: Michael Painting & Decorating Inc X Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Additional painting needed Prior Committee Actions (Dates): 12/28/2011 Please check the following box(es) as appropriate to describe the funding for tis expense: X General Fund Bonds Road Use Tax Sewer FederaUother grants I I Other (specify) This expenditure is to be coded to the following budget line -item: 410-22-1400-2152 Or --- 3-;1 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, -23 —1261 77:keibil:Lt 6'61,LZ1,-,7L (Signature Dept. Head or Designee)Date (Signature Finance Dept. Review) Date K:\shared goodies Worms \Pre-Auth Additional City Hall Painting.xls (Mar 2010) Sanitation (Project Code) /4400 Com/ ' ) p.J $ 7 G' 00 /) CV () $ E7 /2g RETURN ADDRESS NAME Page 1 of 1 CRAIG CLARK From: MPC [mpdco©gwestoffice.net] Sent: Monday, January 23, 2012 9:06 AM To: CRAIG CLARK Subject: additional painting Craig, Labor and material for the additional city hall painting would be $2335.00.The painting at the fire station,the chief and secretary's office would be $1785.00. 51 0 - - 0 " f.5 Thanks,Jim MICHAEL PAINTING AND DECORATING, INC. 1008 Jefferson Street P.O. Box 44 Waterloo, IA 50704 Phone (319) 232-3755 Fax (319) 232-4940 mpdco@qwestoffice.net 1/23/2012 City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Engineering Department to expend $ 1,850.00 plus est. shipping costs of $ to pay for or purchase This is the Mobile Connect and Mobile License Maintenance renewal for the PavePlus View and the Map Director ARC GIS software This purchase or expenditure is being made because: These are maintenance renewals needed for the Pavement Management System Vendor selected for this purchase: CarteGraph X Bids or written quotes were taken on this purchase, as follows: NA Bids or quotes were not taken on this purchase because: This is a technical assistance and maintenance contract for existing software Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds X Road Use Tax Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: 266-07-7830-1520 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, Sanitation (Project Code) 2,150.00 V 2,150.00 � 1%Y1la '1 h.,/.(f L_ (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:lshared goodies\forms\Expenditure Pre -Authorization Carte Graph (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committee Approval Date The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Engineering Department to expend $ 4,792.00 plus est. shipping costs of $ to pay for or purchase To pay Annual Membership Dues ISWEP "Iowa Stormwater Education & Outreach Program" This purchase or expenditure is being made because: 2012 Annual Dues Vendor selected for this purchase: ISWEP Bids or written quotes were taken on this purchase, as follows: NA Bids or quotes were not taken on this purchase because: This is an Annual Membership Fee Prior Committee Actions (Dates): None Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Road Use Tax Bonds Federal/other grants X Sewer Sanitation Other (specify) Storm Water Fund This expenditure is to be coded to the following budget line -item: 521-07-7830-1391 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, $ 6,100.00 / $ 4,692.78 '( foo 0/11' T5ignature Dept. Head or Designee) Date (Sinature Finance Dept. Review) Date K:lshared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City of Waterloo ty er I se Finance Committee Approval Date Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Info. Services Department to expend $ 1,172.90 plus est. shipping costs of $ 0.00 to pay for or purchase 20 Pack LTO -5 data tapes This purchase or expenditure is being made because: For file server backups. Vendor selected for this purchase: FUJIFILM x Bids or written quotes were taken on this purchase, as follows: QUANTUM - $1262.65 FUJIFILM - $1172.90 TANDBERG - $1334.82 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding fcr this expense: X General Fund Bonds Road Use Tax Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: 411-01-8225-2106 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Sanitation (Project Code) $ 75, 000.00 i7 $ 48, 089.32 Rejpectfully submit v PA --1A70.0 _ .� �� - 2L' Vii^ 7 (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\1A-12 (Mar 2010) PCNatioff Celebrating our 15th yeart f-, SECURE -1 TESTED • Home • Products • Order Tracking • Optics Gallery • Rebates • Search I GO I • Track Your Order • My Account • Support • 800.235.4050 • Mon -Thu 8am - 7pm CST ; Friday dam - Spm CST FREE 3 Day Delivery: On orders over $100 with total shipping weight under 501bs. Detas 0 items - $0.00 Home > Accessories > Media & Cleaming Cartridges Optics Gallery • Cameras • Video and Editing • Lenses and Optics • Lighting • Studio Equipment • Navigation Devices • GPS Devices • GPS Accessories • Computer Systems • Barebone Computers • Desktop Computers • Workstations • Laptops & Netbooks • Server Computers • Thin Client & Terminals Tablet PCs Fujifilm 16008042 LTO Ultrium 5 Data Cartridge e 16008042 LTO Ultrium - LTO -5 - 1.50 TB (Native) / 3 TB (Compressed) - 20 Pack PCN#: DE 1394 1 Mfg#: 16008042 FUJI -FILM 17 Ultrium 5 DATA C.A TR1C, E Condition: Shipping Weight: New and Factory Sealed 11 lbs. • Product Details • Comparables • Accessories Retail Price: $3,392.00 Our Price: $1,117.90 You Save; $2,274.10 (67%) Stock Status: Limited stock o order soon Usually Slips: Within 1 Business Day Freight Preview: FREE FedEx 3 business day ? ADD TO CART • Authorized dealer: PCNation is an authorized dealer of FUJI PHOTO products El Hot Deals PCNatiod Celebrating our 15th year! Ili McAffee SECURE - lulu" 25-14N • Home • Products • Order Tracking • Optics Gallery • Rebates • Search I GO 1 Track Your Order • My Account o Support • 800.235.4050 Mon -Thu Som - 7pm CST ! Friday Sam - Spm CST FREE 3 Day Delivery: On orders over $100 with total shipping weight under 501bs. Details i 0 items - $0.00 Home > Accessories > Media & Clearnin2 Cartridges Optics Gallery • Cameras • Video and Editing • Lenses and Optics • Lighting • Studio Equipment • Navigation Devices • GPS Devices • GPS Accessories • Computer Systems • Barebone Computers • Desktop Computers • Workstations • Laptops & Netbooks • Server Computers • Thin Client & Terminals • Tablet PCs Quantum MR-L5MQN-20 LTO Ultrium 5 Data Cartridge - MR-L5MQN-20 LTO Ultrium - LTO -5 - 1.50 TB (Native) / 3 TB (Compressed) - 20 Pack PCN//: CM8034 Mfg#: MR-L5MQN-20 Condition: Shipping Weight: New and Factory Sealed 11 Ibs. • Product Details • Comparables • Accessories Retail Price: $1,980.00 Our Price: $ 1,262.65 You Save: $717.35 (36%) Stock Status: Limited stock e order soon Usually Ships: Within 1 Business Day Freight Preview: FREE FedEx 3 business day 1DD 1' Authorized dealer: PCNation is an authorized dealer of QUANTUM products C3 Hot Deals PCNatioif Celebrating our 15th year! • Miergee SECURE; TLSTED 25 -AN • Home •. Products • Order Tracking • Optics Gallery • Rebates • Search I GO • Track Your Order • My Account • Support • 800.235.4050 • Mon -Thu Ram - 7pm CST Friday Ram - Spm CST FREE 3 Day Delivery: On orders over $100 with total shipping weight under 501bs. Details 0 items - $0.00 Home > Accessories > Media & CIeaming Cartridges Optics Tandberg Data LTO Ultrium 5 Data Cartridge with Barcode Labeling Gallery 433958 • Cameras • Video and LTO Ultrium - LTO -5 - 1.50 TB (Native) / 3 TB (Compressed) - 20 Pack Editing • Lenses and PCN#: CQ7363 1 Mfg#: 433958 Optics • Lighting • Studio Equipment • Navigation Devices • GPS Devices • GPS Accessories • Computer Systems • Barebone Computers • Desktop Computers • Workstations Condition: New and Factory Sealed • Laptops & Shipping Weight: 13 lbs. Y Netbooks • Server Computers • Thin Client & Terminals • Tablet PCs • Product Details Retail Price: $1,706.90 Our Price: You Save: Stock Status: Usually Ships: Freight Preview: $1,334.82 $372.08 (22%) Backordered 1 - 2 Weeks FREE FedEx 3 business day ADD TO CART • Authorized dealer: PCNation is an authorized dealer of TANDBERG DATA CORP products City of Waterloo City Clerk Use Only Finance Committee Approval Date Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ me 2,800.00 plus est. shipping costs of $ to pay for or purchase Signage for the boating center, 8' X 6" two sided sign This purchase or expenditure is being made because: Directional sign for the boat house in CR Exchange Park. B Hellman has been working with this vendor on signage for the Riverfront Sports Park. Using similar design. Vendor selected for this purchase: Signs and Designs, Cedar Falls X Bids or written quotes were taken on this purchase, as follows: Signs & Designs, Cedar Falls $2,720.00 want to use similar design for signage in the same park. Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds X Road Use Tax Federal/other grants Sewer Sanitation Other (specify) BH Gaming boat center This expenditure is to be coded to the following budget line -item: 426-37-4207-2151 371MP-37BC (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, -1 cf - /D) 1j'`Lrti%u. 1<—, (Signature Dept: Head or Designee) Date' (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mar 2010) $ /66,670 `�, $ 61,9(i0 .z B1/25/2012 69:10 3192914297 WATERLDO LEISURE SER PAGE 62/02 City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 4,500.00 plus est. shipping costs of $ to pay for or purchase Lumber for four (4) tee -ball dugouts at Riverfront S orts Park. This purchase or expenditure is being made because: Buildin. 4 new dui outs at Riverfront Sorts Park. This is •art of a Black HawkGarnin Vendor selected for this purchase: Menards Waterloo IA EX Bids or written quotes were taken on this purchase, as follows: Menards Waterloo $4,247.36 Lowe's $5,081.69 Pro Build $4,965.64 Waterloo Lumber did not return bid request. Bids or quotes were not taken on this purchase because: Prior Committee Actions (pates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds ll Road Use Tax Federal/other grants E Sewer D Sanitation Other (specify) BH Gaming Grant This expenditure is to be coded to the following budget line -item: 426-37-4202-2178 37SPT-CRYS (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectf _ I submitte (Signature De or Designee) $ 5(()S -o o C1 --y �f $ 3 7 7 ,,2 4'/ �l ---772/11.4.-{_f I Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mer 2010) City of Waterloo Expenditure Pre -Authorization Request Form tty e Ise •n Finance Committee Approval Date The Finance Committee of the City Council is hereby requested to aul:horize the following purchase or expenditure submitted by the Planning Department to expend $ 2,700.00 plus est. shipping costs of $ 0.00 to pay for or purchase Survey services for Cedar Valley Sportsplex Project This purchase or expenditure is being made because: Additional surveying services are needed for vacate and conveyance purposes Vendor selected for this purchase: Wayne Claassen Engineering & Surveying X Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Claassen Engineering has previously been working on other aspects of this project Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Federal/other grants Sewer Sanitation Other (specify) This expenditure is to be coded to the following budget line -item: 410 08 6100 2103 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current avail, . a •alance is (Signature Dept. Head or Designee) K:\shared goodies\forms\Sportsplex survey.xls (Mar 2010) (Project Code) LI tip / L(( $ 512,827.00 c00.DUO .C(-7 $ 1,325.81-7 73Ca 153 , Ck.) Date (Signature Finance Dept. 'Review) Date January 19, 2012 Brett Van Zee In Vision Architecture 501 Sycamore St. Waterloo, IA 50703 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. 2705 University Avenue P0. Box 898 Waterloo, Iowa 50704 Fax 319/235-0028 319/235-6294 RE: Additional Survey Services for Cedar Valley Sportsplex Project Dear Brett: As discussed, we propose to provide additional surveying services for this project for a Not -to - Exceed amount of 52,700.00. These services will include the following: 1. Preparation of plats and legal descriptions of all alleys and City streets to be vacated for the project. 2. Preparation of a Plat and description of the portion of Washington Street that is to be acquired from the Iowa DOT. 3. Preparation of a drawing showing the Sportsplex Complex without the Operation Threshold property and that segment of the adjoining alley adjacent to Operation Threshold. 4. Preparation of a plat and description of alley segment adjoining Operation Threshold. 5. Preparation of a drawing and description of the property to be transferred in the future to the City when the City takes over its ownership. Please call with any questions. If this is acceptable, please sign below. This proposal is accepted and will be paid for by Date Very truly yours, WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. William J. Claassen, President WJC/dad (FoldeeProposals`.1nvision-Add Sportsplex-WIC.Itr} City of Waterloo City Clerk Use Only Finance Committee Approval Date Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 3,903.00 plus est. shipping costs of $ 0.00 to pay for or purchase renewal of our extended mainteance agreement for mobile vision cameras and server used for the patrol vehicle fleet. This purchase or expenditure is being made because: necessary to maintain the functionality of the patrol vehicle video systems. Agreement is required to receive technial support for the video systems. Vendor selected for this purchase: L3 Communications x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: This is to maintain the existing Mobile Vision equipment that we have installed in our patrol vehicle fleet and our current server. This is specific to that equipment Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Bonds Road Use Tax Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: 010-11-1105-1520 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Sanitation (Project Code) & j $ 00) Respectfully submitted, C-- \ i - U 123 ( ; a2� G`a cGl /.r i (f,r�/r`12�. I_ /--23 " )i (SignareDept. Head or Designee) Date (Sighature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police $ 1,694.00 plus est. shipping costs of $ 0.00 Department to expend to pay for or purchase two M/A comm P7200/7100 tactical head sets with neckband and gel ear cup pads. This purchase or expenditure is being made because: These two headsets are for the tactical team members, to allow them to communicate with other members, as wells as dispatch Vendor selected for this purchase: MSA First Responder Sales Group x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: This equipment is what is currently being used by the other tactical team members and is proprietary to the radio system and equipment we currently have. We are adding two more units to the equipment. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Road Use Tax Bonds Sewer Sanitation Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 010-11-1150-1512 11TRI WPDF (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is $ 7�G'Uu $ 24; /4 8 Respectfully submitted, (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City of Waterloo City Clerk Use Only Finance Committee Approval Date Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 1,197.50 plus est. shipping costs of $ 20.00 to pay for or purchase Fifty Taser 25 XP cartridges for Tasers. This purchase or expenditure is being made because: these Taser cartridges are for the Tasers that are issued to the officers working in the patrol division. Vendor selected for this purchase: Ed Reohr Safety Products Co x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Ed Roehr Safety Products Co is the State of Iowa distributor for Taser International that produces the cartridges for the Taser that is supplied to the officers. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Bonds Road Use Tax Federal/other grants X Sewer Sanitation Other (specify) This expenditure is to be coded to the following budget line -item: 010-11-1100-1542 Taser Supplies (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Re pecffully sub ted, e Date (Signature Finance Dept.. Review) Date (Project Code) $ £Cor} (Signatu Dept. Head or Designee) K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Street Department to expend $ 7,381.50 plus est. shipping costs of $ 0.00 to pay for or purchase Tire Replacement for Motor Grader B01 This purchase or expenditure is being made because: Tires worn and require replacement Vendor selected for this purchase: Wingfoot Tire X Bids or written quotes were taken on this purchase, as follows: Wingfoot Tire - Waterloo, IA - $7381.50 Bauer Bilt Tire - Waterloo,. IA - $8074.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds Road Use Tax Sewer Sanitation Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 010-18-7955-1571 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, (Signature Dept. Head or Designee) $ 200,000.00(.7 $ 3� Sw ✓ ` i S( U Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Street Dept - Tire Replacement - Grader B01.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 1,874.56 plus est. shipping costs of $ to pay for or purchase Pump repair kits, filters, wires & diaphrams Ity e • se Finance Committee Approval Date This purchase or expenditure is being made because: Repair parts for paint machine. Vendor selected for this purchase: X Bids or written quotes were taken on this purchase, as follows: Pittsburgh Paints Waterloo, Ia. $1,874.56 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds Road Use Tax n Sewer FederaVother grants Other (specify) This expenditure is to be coded to the following budget line -item: 266-17-7120-1571 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, Sanitation (Project Code) $ 7,000.00 $ 3,1C)2.41' (Signature Dept Head or Designee) ` Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\2012-January-Expenditure Pre -Authorization -Repair Parts for Paint Machine -Pittsburgh paints.xls (Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 6,975.00 plus est. shipping costs of $ to pay for or purchase 180 - LED Green Arrows This purchase or expenditure is being made because: Project to replace green LED arrows Vendor selected for this purchase: EX Bids or written quotes were taken on this purchase, as follows: Brown Traffic Products, Inc. Davenport, IA General Traffic Controls, Inc. Spencer, IA Traffic Control Corporation Ankeny, IA $6,975.00 $7,173.00 $8,910.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Sewer Sanitation Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 411-17-7161-2125 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, (Signature Dept. Fite • or Designee) 1 r Date (Signature Finance Dept. Review) Date (Project Code) $ 90,000.00 vf $ 67,169.14 K:\shared goodies\forms\2012-January-Expenditure Pre -Authorization -Green LED Arrows-Brown.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 12,589.50 plus est. shipping costs of $ to pay for or purchase Programmable 12" Red and Green LEDs ity er I se Finance Committee Approval Date This purchase or expenditure is being made because: Project to replace current programmable red and green LEDs Vendor selected for this purchase: X Bids or written quotes were taken on this purchase, as follows: Traffic Control Corporation Brown Traffic Products, Inc. General Traffic Controls, Inc. Ankeny, IA Davenport, IA Spencer, IA $15,015.50 $16,128.75 $12,589.50 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: 411-17-7161-2125 Sanitation (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted, . .:a711,61}-0 A..3//1 Signature Dept. ead'or Designee) / Date (Signature Finance Dept. Review) Date $ 90,000.00 $ 67� 69714 6,n / / v K:lshared goodies\forms\2012-January-Expenditure Pre -Authorization -red & green programmable LEDs.xls (Mar 2010) uafculculu to:cc rae 11ool City Clerk Use only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 5,685.00 plus est. shipping costs of $ to pay for or purchase 4 - channel ®•ticom EVP This purchase or expenditure is being made because: Traffic Safet Im•rovement - Park & Commerical - DOT 100% reimbursable •rant Vendor selected for this purchase: []X Bids or written quotes were taken on this purchase, as follows: Traffic Control Co •oration Anken , IA Brown Traffic Products, Inc. Davenport, IA $5,685.00 $6,230.00 D Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: Ell General Fund n Road Use Tax ® Sewer 0 Sanitation ® Bonds E Federal/other grants ❑ Other (specify) This expenditure is to be coded to the following budget line -item: 11 ` C " C- Z. 290-17-7120-576- '2],(g6- CS -TSF -8155(726)--85-07 (Fund - Department -.Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted } 143 nature Dept.�Head or Designee) ate (Signature Finance Dept. Review) Date 71, 000.00 ' $ 71,008,90- 6 9475 _< K;\shared goodies\forms\2012-January-Expenditure Pre -Authorization -it -channel EVP-Park&CommerdaLxls (Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is here by requested to authorize the following purchase or expenditure submitted by the WMS Departmant to expend $ 24,221.25 plus ext. shipping cost of yard carts and garbage carts $ 725.00 to pay for or purchase This purchase or expenditure is being made because: to replace damaged carts and for new accounts Bids or written quotes were taken on this purchase, as follows Bids or quotes were not taken on this purchase because: Mid- Iowa is the cart company we are currently purchasing our carts from Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund: Road Use Tax: Sewer: X Sanitation: Bonds: Federal/other grants: Other(specify): This expenditure is to be coded to the following budget line -item: 525/15/5400/1596 (Fund - Department - Activity - Account Number) (Project Code) in which budgeted amount is and the current available balance is Respectf Iy submitt d u / (Si ature0ept. ead Or Designee) Date (signature Finance Dept. Review) Date $ 80, 000.00 tf $ 52,466.40 t% SOLID W4k` EO Mid -Iowa Solid Waste Co. Inc 5105 NW Beaver Drive EDIT CO, INK. Johnston, IA 515-276-3352 Toll Free 800-733-8731 Helping you clean the Planet since 1975 Quote To: City of Waterloo Keith Kearns 3505 Easton Ave Ship To: City of Waterloo Keith Kearns 3505 Easton Ave Qty Description 225 Cascade 96 Gal Cart OLYM GRN / 12" WHL Waterloo Hot Stamp 225 Cascade 96 Gal Yard Waste Cart BLU MED/LID BLK/Pierced Waterloo Hot Stamp 12" WHL SALES ORDER Quote # DLMQ1078 Date 01/18/12 Sales Rep. David 1 Unit Price $52.65 $55.00 Ext. Price $11,846.25 $12,375.00 SubTotal $24,221.25 Shipping $725.00 Total $24,946.25 Unless specified, the above prices do not include any taxes. Taxes will be calculated and included on the Invoice. ORDERS..AII orders are subject to acceptance by an officer or general manager ofM id -Iowa Solid Waste Equipment Co., Inc. PERFORMANCE..Mid-Iowa Solid Waste Equipment Co., Inc. shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars,s trikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control. CANCELLATION..Orders regularly entered cannot be cancelled except upon terms thatw ill compensate Mid -Iowa Solid Waste Equipment Co., Inc. for any loss or damages sustained. PRICES...AII orders are subject to current prices in effect att he time of shipment. F.O.B. POINT..Unless otherwise stated,all prices listed are F.O.B. point of manufacture. TAXES..Unless otherwise stated,p rices do not include Federal, State, City or other Excise, Occupation Sales use or similar taxes which are extra and are to be added at rates in effect att ime ofs hipment. fl Federal Excise Taxes are included or listed above, they are stated at the rates and regulations in effect at the time this order is written, and are subjectt o revision in accordance with rates and regulations in effect at time of shipment. MOUNTING PRICES... Mounting prices assume normal factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries,g a tanks, mufflers, air tanks, etc. will be an additional charge, billed our standard labor rate. Signature will constitute a binding order. By: Mid -Iowa Solid Waste Equipment Co., Inc. Ordered by: Accepted by: RECEIVED JAN 1 0 2012 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department CULTURAL & ARTS DEPARTMENT Today's Date: 1/6/2012 Effective Date: 1/19/2012 Employment Date: 4/2/2007 Job Title/Classification DEVELOPMENT/MARKETING MANAGER This is to report that the employment of SHANNON FARLOW with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes El Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the fallowing: 201 1/1/-1/19/12 Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 60 $ 18.65 $ 1,119.00 Vacation -Current 3 $ 18.65 $ 55.95 Usable Sick Leave 36 $ 18.65 (x) 25% $ 167.85 Frozen Sick Leave 0 (x) 60% $ - Personal Hours 0 $ - Comp Time Pay 0 $ Unscheduled Leave 0 $ Other Pay 0 $- Total Payment $ 1,34Z80 Approved by T) Cammie S ufIy, Dir c� r Human Resourcesvv� Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date 1/6/2012 Date ���- Updated 6/28/11 379 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, December 21, 2011, there were present Terry M. Kuntz, Chairman; Rodger Burris, Vice -Chairman; and Mary H. Potter, Trustee. Also in attendance: Ron Welper, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager, and Dennis Clark, General Manager and Secretary. Chairman Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. Councilman Welper stated that he and Councilman Steve Schmitt would be exchanging City Council liaison responsibilities. Beginning with the January 2012 Board meeting, Councilman Schmitt will be the Council liaison to the Waterloo Water Works in place of Councilman Welper. The minutes of the regular meeting of November 23, 2011, were approved as read. Upon motion, unanimously passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. NOVEMBER 30, 2011 GENERAL FUND 45501 Collection Services Center 45502 Cedar Valley United Way 45503 ING Life Insurance 45504 Lincoln Financial Group 45505 Public Employees Credit Union 45506 Charles Authorized payroll deduction for child support Authorized payroll deduction for United Way Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for credit union Schwab Institutional Authorized payroll deduction for employee pension contribution Federal withholding tax 16,218.46 Janitorial services 1,041.50 Chlorine and HFS 3,711.20 Repaired water service line at 3,800.00 1806 Franklin Street Replaced light ballast in distribution 2,254.28 office and electrical repair work at wells #14, #16, #17 and #20 Final retainage on 2011 Pavement 6,156.90 Repairs Service 363.93 Light socket adapters for well #22 24.40 Concrete patching on reservoir roof 5,500.00 EFT US Department of Treasurer 45507 ABM Janitorial 45508 Acco Unlimited Corp. 45509 Al Gordon Plumbing & Heating, L. C. 45510 Black Hawk Electrical Co. 45511 Bowers Masonry Concrete 45512 CenturyLink 45513 Crescent Electric Supply 45514 Mike Dolan Concrete & Masonry 45515 Hach Company 45516 Hawkeye International Trucks 45517 Iowa Department of Public Health 45518 Iowa Public Employees Retirement System 155.53 115.00 3,500.00 40.00 3,036.50 1,196.58 Water treatment supplies 915.80 Lock for driver's door and parking 808.45 brake drum repair on unit #34 Backflow certification renewal fee 92.00 for one employee IPERS for ten employees 5,745.42 380 45519 Menards 45520 Nancy Steffen 45521 Rodney Weatherman 45522 Todd Newgren 45523 Title Services Corporation 45524 Waterloo Water Works 45525 Heidi Oelmann 45526 Ba Mai Nhkum 45527 Cassandra Kelly 45528 Torie Bowers 45529 Josh J. McCain 45530 Megan M. Hilsman 45531 Nickalos Oldham 45532 Virginia Armisais 45533 James & Mary Sullivan 45534 Katherine L. Schoepske 45535 Shauna Zeck 45536 Kimberly M. Stout 45537 Sheena Wendel 45538 Robin Frankhauser 45539 Wendall Bergmann 45540 Preston Kopf 45541 Dale Bright 45542 H & R Block 45543 Ardeth Venne 45544 Terry Whitesell 45545 Donald R. Page 45546 Orren G. Nicholson 45547 PDCM Insurance 45548 Rochester Armored Car Co. 45549 Schimberg Co. 45550 Sensus Metering Systems 45551 United Rentals, Inc. 45552 Van Wert, Inc. EFT State of Iowa Treasurer EFT Treasurer, State of Iowa 45553 Acco Unlimited Corp. 45554 Allen Memorial Hospital 45555 Aspro, Inc. 45556 Black Hawk Waste Disposal 45557 BMC Aggregates, L. C. 45558 The CBE Group, Inc. 45559 C & C Welding & Sandblasting 45560 Coverup, Ltd. 45561 Ferguson Enterprises, Inc. 45562 Hawkeye International Trucks 45563 Steve Kerns 45564 Kwik Trip, Inc. 45565 Travis Larson 45566 Menards 45567 Vela Rosalinda 45568 St. Demetrias Church 45569 Quenesha Martin 45570 Neh Reh 45571 William Guegg 45572 Robert Groomes 45573 Tanniaah S. Spates 45574 Steven Parshall 45575 Hollie Tiller Shelves for unit #10 and cartridge filter for shop vac Overpayment on bill Garbage payment refund Overpayment on final bill Overpayment on final bill Reimbursed petty cash for transfer of customer's funds Garbage payment refund M. D. & U. D. refund if if tt II it it it It it II 6 II M. D. refund M. D. & U. D. refund it it it t{ If if Various insurance policies Armored car service Hydrant extension Recalibrated large meter Safety t -shirts Meter reading service Sales tax State withholding tax Chlorine & HFS Drug testing for one employee Cold mix Waste disposal Fill sand and roadstone Collection fee Aluminum for tool rack on unit #10 Toppers for units #7 and #10 Pipe nipples Mirror for unit #33 Reimbursement for cell phone Fuel for vehicles Reimbursement for cell phone Kitchen supplies, batteries, saw blades and plywood for shelving Overpayment on final bill Overpayment on bill M. D. & U. D. refund It it if II Li 15.73 104.55 144.25 39.50 111.07 60.54 105.00 76.00 50.71 37.69 3.37 9.88 22.79 5.07 31.69 27.69 37.69 23.28 37.69 1.59 58.69 34.69 26.42 2.87 46.00 46.00 46.00 36.21 3,677.17 234.76 362.25 874.15 59.96 4,330.80 11,011.53 6,065.00 7,232.70 23.00 650.23 94.00 171.78 55.13 113.36 1,830.00 64.63 85.87 50.00 3,367.80 50.00 243.03 41.81 123.73 17.91 76.00 72.02 8.33 5.07 27.69 46.00 45576 Matt Parrott/Storey Kenworthy 45577 PDCM Insurance 45578 Radio Communications 45579 R Company, Inc. 45580 Sandee's 45581 Sensus Metering Systems 45582 Service Signing, L. C. 45583 St. Luke's Drug & Alcohol Testing Services 45584 Utility Equipment Co. 45585 Rick Wilberding 45586 Collection Services Center 45587 ING Life Insurance 45588 Lincoln Financial Group 45589 Public Employees Credit Union credit union 45590 Charles Schwab Institutional Authorized payroll deduction for employee pension contribution 45591 Teamsters Local Union Authorized payroll deduction for #238 union dues EFT US Department of Treasurer Federal withholding tax 45592 AECOM Engineering design services for Business cards for S. Kerns Various insurance policies and additional cost for new units #7 & #10 Installed antenna mount and fuse holder on unit #7 and antenna kit on unit #10 Killed and plugged service line at 1300-1304 Commercial Street Ink for stamp pads Meters and registers Traffic control at two locations Drug testing for one employee Copper pipe Reimbursement for cell phone Authorized payroll deduction for child support Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for 45593 Aramark Uniform Services 45594 B & B Lawn Care, Inc. 45595 Black Hawk County Auditor 45596 Black Hawk County Treasurer, MIS 45597 Black Hawk Memorial Co. 45598 BMC Aggregates, L. C. 45599 Campbell Supply 45600 City of Raymond 45601 City of Waterloo 45602 Community National Bank 45603 Hogan & Hansen 45604 Hupp Electric Motors 45605 Iowa Department of Public Health 45606 Menards 45607 Kenneth L. Seavy, Jr. 45608 Kondaur Capital Corp. 45609 Jason Taylor 45610 Mary A. Miller 45611 Tyson Carter 45612 Michael Aswegen 45613 Manette K. Scallon 45614 Latoya Simmons 45615 Ly Nguyen 45616 Tonya J. Gebhardt 45617 Sheri Melby 45618 Office Concepts, Ltd. 381 Highway 63 Water Main Reconstruction Towel service Mowing well fields Water and sewer bond fees Data processing for October 32.35 11,094.40 481.41 1,800.00 9.50 24,606.23 550.00 37.00 437.00 50.00 155.53 3,500.00 40.00 3,036.50 1,207.49 744.00 17,253.65 11, 339.89 250.34 1,680.00 8,191.60 6,172.88 Sandblasted pieces of metal for 60.00 Washburn pressure reducer valves Fill sand and roadstone 356.10 Rags 99.49 Sewer bond, garbage and yard 10,322.71 waste fees Sewer, garbage and storm water 1,015,530.07 Bank charges for October 428.50 Payroll and consulting services 582.68 New electric motor for booster 1,609.47 pump at well #17 Backflow certification registrations for four employees Stepladders, thermostats, sump pump, small fittings, chainsaw bar oil, chest handles and pipe thread sticks Overpayment on bill Overpayment on final bill M. D. & U. D. refund CC CC LC C CC B IC 6t 46 CC it Ct C4 {{ 46 Envelopes 288.00 555.79 27.12 51.94 105.00 58.97 34.39 14.51 41.38 46.44 46.00 8.22 105.00 1,329.70 382 45619 Peterson Contractors, Inc. 45620 Radio Communications 45621 Sensus Metering Systems 45622 Storey Kenworthy 45623 Test Gauge and Backflow Supply, Inc. 45624 Utility Equipment Co. 45625 The Courier 45626 Waterloo Water Works 45627 Iowa Department of Natural Resources EFT Treasurer, State of Iowa 45628 Benton's Sand & Gravel 45629 Campbell Supply Hydrant M. D. refund Monthly access fee and pager rental Two large meters Pens, paper, calendars, appointment books, desk pads and envelopes Valve seats for backflow test gauges 275.00 154.00 1,950.00 131.58 68.86 Fittings 477.44 Legal ads 113.60 Reimbursement of city service fees 10,318.59 Water operator certification exam 60.00 fees, J. Conkling State withholding tax 13,000.00 Top soil 424.51 Gas can, curved files for water main 140.57 maintenance and chisel 45630 Craft Cochran Screen Print Decals for vehicles 208.00 45631 Dex Media East, Inc. Telephone book advertisement 35.10 45632 HD Supply Waterworks, Ltd. Main valve rubbers for hydrants 517.65 45633 Johnstone Supply Parts for furnace installation at 196.36 wells #14 and #17 45634 Keystone Laboratories, Inc. Water sampling 970.50 45635 Ryan Manahl Reimbursement for uniform cost 13.33 45636 Menards Screwdrivers, electrical tape, polycrylic 160.82 45637 Robert Fischels 45638 Progressive Tools Co. 45639 Kurtis J. Foley 45640 Rebecca R. Bell 45641 Henry Bratten 45642 Athena Speller 45643 Arden Brookman 45644 Elsa Diaz 45645 Britany L. Stevens 45646 Eric Strauss 45647 Matt Parrott/Storey Kenworthy 45648 PCNation 45649 Postmaster 45650 Rydell Chevrolet, Inc. 45651 Scot's Supply 45652 Sensus Metering Systems 45653 Storey Kenworthy 45654 TestAmerica Laboratories 45655 Utility Equipment Co. 45656 Veenstra & Kimm, Inc. 45657 Wes Vogel 45658 Waterloo Implement, Inc. 45659 Wellmark Blue Cross Blue Shield 45660 Waterloo Water Works 45661 Rudo, Inc. 45662 Collection Services Center 45663 Cedar Valley United Way 45664 ING Life Insurance gloss for meters and supplies for furnace installation at wells #14 and #17 Overpayment on final bill Overpayment on final bill M. D. & U. D. refund 4t t4 ti 44 44 44 44 d4 t4 4t It 4' 4t 44 it Overpayment on final bill Uniform shirts and hats for new employee New printer for bookkeeper Postage New brakes for unit #2 Supplies for maintenance of pressure reducer valves in Washburn Meters Typewriter ribbons Water sampling Curb box repair sleeves Engineering design for Kimball Avenue Water Tower Rehabilitation Reimbursement for uniform cost Cutting edge for snow blade Medical insurance Reimbursed petty cash for postage, copies, kitchen supplies and keyless remote repair Refunded balance of water kill deposit at 1304 Commercial Street Authorized payroll deduction for child support Authorized payroll deduction for United Way Authorized payroll deduction for deferred compensation 110.96 168.74 34.39 43.58 41.38 23.44 37.69 75.00 11.94 37.00 270.00 279.90 3,000.00 405.41 22.59 4,671.00 10.70 178.00 89.69 2,450.00 20.00 63.12 39,946.19 35.33 700.00 155.53 115.00 3,500.00 383 45665 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 45666 Public Employees Credit Authorized payroll deduction for 3,036.50 Union credit union 45667 Charles Schwab Institutional Authorized payroll deduction for 1,214.03 employee pension contribution Payroll 85,034.02 $1,396,392.61 The General Manager presented the Monthly Financial Report as of November 30, 2011 as follows: November 1, 2011 Balance $5,138,072.98 Receipts 538,863.17 Disbursements 350,404.73 November 30, 2011 Balance $5,326,531.42 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 369,244.81 Repairs & Rehabilitation Fund 270,528.87 General Fund Balance 4,356,757.74 $5,326,531.42 It was moved, seconded and unanimously approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of November 30, 2011 as follows: Operating Revenue Operating Expense Non -Operating Revenue Non -Operating Expense Capital Expense 2010 $6,187,366.14 4,508,209.63 $1,679,156.51 224,512.00 47,831.48 1,066,727.98 $ 789,109.05 2011 $6,713,151.50 4,545,871.97 $2,167,279.53 516,360.31 42,048.94 844,109.81 $1,797,481.09 It was moved, seconded and unanimously approved to receive and place on file the Revenue and Expense Summary. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for pave box repair at 148 Summit Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $536.28, which is supported by invoice from the Waterloo Water Works and Frickson Backhoe & Trucking, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the pave box at 148 Summit Avenue, which is located on Lot No. Eleven (11) in Jenks and McQuilkins Subdivision in the City of Waterloo, Black Hawk County, Iowa, and owned by Walter A. Hansen and Lois I. Hansen. WHEREAS, the property owners did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and assessed to the property. 384 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for pave box and service line repair at 1324 Grant Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,895.17, which is supported by invoice from the Waterloo Water Works and Frickson Brothers Excavating, showing the work necessary to repair the pave box and service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box and service line at 1324 Grant Avenue, which is located on the West Forty (40) feet of Lot Five (5) Block No. One (1) Miller's Fifth Addition, Waterloo, Black Hawk County, Iowa, and owned by Stephen W. Baker. WHEREAS, the property owner did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box and service line, the Waterloo Water Works caused the pave box and service line to be repaired and assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 821 West 8th Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,983.60, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 821 West 8th Street, which is located on Lot 1, Block 8, Johnson's Addition to Waterloo, Iowa, Black Hawk County, and owned by Michael J. Wieland. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. 385 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 919 Hammond Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,636.00, which is supported by invoice from Bergen Plumbing Heating Cooling, Inc., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 919 Hammond Avenue, which is located on Lot No. Eleven (11) in Block No. One (1) in Russell Heights in the City of Waterloo, Iowa, Black Hawk County, and owned by Jason N. Shaner and Tammy R. Shaner. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 232 Gable Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,365.00, which is supported by invoice frorn Frickson Backhoe & Trucking, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 232 Gable Street, which on Lot No. 9, Block Six (6), Manson's Second Addition in Waterloo, Iowa, Black Hawk County, and owned by Hattie M. Middleton as Deed Holder, and Hollins House Outreach Center/Housing, a corporation, as Contract Purchaser. WHEREAS, the contract purchaser notified the Waterloo Water Works that the contract purchaser desired to have the cost of service line repair assessed to the property taxes. After conversation with the contract purchaser, the contract purchaser voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. 386 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The Board adjourned for the Pension Committee Meeting at 8:20 a.m., and reconvened at 9:37 a.m. After discussion in the Pension Committee meeting, it was moved by Burris, seconded by Potter and unanimously approved to authorize Pension Fund investment services from Tom Barbatti of Net Worth Advisors and to authorize all Pension Fund services, including investment services, from Stacie Brass of the Accel Group. Rehabilitation of the three elevated 1 -million gallon water storage tanks is a top priority of the Water Works, and is called out as Phase 1 -Priority 1 Project in the 2008 Master Plan. In 2009, the Water Works completed rehabilitation of the first water tower on Linden Avenue. The University Avenue water tower was rehabilitated in 2010. The 2012 Capital Improvement Plan, as part of the 2012 Budget, includes $800,000 plus $120,000 contingencies for the Kimball Avenue Water Tower Rehabilitation Project. The budget also includes $24,500 for Engineering Design and Construction Review. In 2009, the Linden Avenue Water Tower Rehabilitation Project was completed at a total cost of $618,211.15, plus $21,500 for Engineering Design and Construction Review. In 2010 the Water Works completed the same work on the University Avenue water tower at a total cost of $699,384.00 plus $22,500 for Engineering Design and Construction Review. Veenstra and Kimm provided engineering services for both the Linden and University Avenue tower projects. In July 2011, the Board approved the Professional Services agreement with Veenstra and Kimm for rehabilitation of the Kimball Avenue water tower. A recent climb and inspection of the Kimball Avenue water tower with the project engineer indicated project concerns. All exterior surfaces have coating failure. These areas will require complete external sandblasting. External blasting was not required on the Linden Avenue tank, while University Avenue required partial external blasting. In the interior, several members of the roof trusses are in very poor condition, which will require cutting and removing steel at least as extensively as at University Avenue. Due to the required sandblasting, and the close proximity to Ivanhoe Road and Kimball Avenue, as well as adjacent residences, the work zone will need to be draped to capture fugitive dust and paint. Due to the increased scope of work on the Kimball Avenue project, the engineer has prepared a preliminary estimate of cost of $805,750.00. If the estimate is accurate, the cost of the project will exceed the budgeted amount, and will require use of a portion of the contingency. However, with the project rated as a Phase 1 - Priority 1 Project, and with the ongoing deterioration of the tank, it is advisable to proceed as soon as possible. It was moved by Burris, seconded by Potter and unanimously approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. It was moved by Burris, seconded by Potter and unanimously approved to receive, place on file and preliminarily approve plans, specifications, form of contract, etc. 387 It was moved by Burris, seconded by Potter and unanimously approved to adopt a resolution to instruct the General Manager to publish notice of plans, specifications, form of contract, etc., and taking of bids; and to set the date of Public Hearing as January 25, 2012. At the October 26, 2011 Board of Trustees meeting, it was approved to authorize a Professional Services Agreement with Nilles Associates for the Waterloo Water Works portion of the Dewitt and Ranchero Roads Water Main Extension Project. The Dewitt Road water main will extend from a point near the John Deere Supervisor's Club southerly below U.S. Highway 20, and then continuing south to the intersection of Dewitt and Ranchero Roads. A dry water main was installed at Dewitt Road below Highway 20 at the time that the highway was built. Water Works staff has reviewed old records to determine the location and condition of the 20 -inch dry water main. Records indicate that in 1984, the Water Works hired a contractor to install a 20 -inch water main below the proposed four -lane paving at Dewitt Road. On each side of the road, just outside of the paving and below the shoulder, a 12 by 20 - inch reducer and an 11.25 -degree bend was installed. After the bend, a 12 -inch main was extended further away and up from the road, eventually to 22.5 -degree bend and more 12 -inch pipe. The 1984 highway -crossing pipe terminates near the north and south IDOT right-of-way lines. To construct the Dewitt main, the most economical solution is to tie onto the existing 1984 water main for use below the highway. A concern with this solution is that the mechanical fitting bolts at the reducer and 11.25 -degree bend just outside of the paving will eventually corrode and give way. Similar fitlsings and pipe installed by John Deere in 1976 at the nearby Engine Works have been failing and were completely replaced two years ago. A main break at this location could be severe and the first indication of the main break could be damage to Highway 20. Other concerns include that the water flowing through the 20 -inch water main would be slower than through the 12 -inch water main. With the 20 -inch water main at the lowest elevation of the existing water main, mineral sediment will form in the 20 -inch water main, which would be difficult to scour out by flushing. In discussion with the engineer, two alternatives were considered. One alternative would include excavating just outside of the traveled portion of the highway, and extend the 20 -inch water main to beyond the IDOT right-of-way. The second and preferred alternative is to bore a new casing pipe, which would extend north and south of the IDOT right-of-way limits. Either solution would then likely use a jointless HDPE pipe with a valve on each end, just outside of the casing. In addition to the additional engineering work, soil borings should be taken just outside of the right-of-way limits, to insure that soil conditions are appropriate for installation of the proposed casing. Nilles Associates will coordinate the work of the geotechnical engineer. The cost of the services of the geotechnical engineer will be billed directly to the Waterloo Water Works. The Project Engineer, Nilles Associates, has prepared a revised Agreement for Professional Services, including design and construction of a new casing and water main pipe crossing the Highway 20 right-of-way. The fees for the services are listed on Exhibit C. The Dewitt Road section is proposed at a not -to - exceed total of $43,600, plus $9,500 for the installation of a casing and water main at Highway 20. Geotechnical services are estimated at approximately $5,000 and will be paid for the Waterloo Water Works. The above costs, totaling $58,100, compares to budgeted estimated engineering costs of $52,290. The project has a budgeted contingency of $72,000. It was moved by Potter, seconded by Burris and unanimously approved to authorize the revised Professional Services Agreement with Nilles and Associates and payment of geotechnical services for the Dewitt Road Water Main Extension Project, and to authorize execution of appropriate documents by the General Manager. 388 Service Roofing Company has completed the 2011 Reservoir Roof Repair Project. The original contract amount on the project was the sum of $116,931.00. Due to a contractor error regarding the payment of sales tax, a credit of $1,107.00 is due, for a final contract amount of $115,824.00. Mike Dolan Concrete and Masonry repaired the concrete surface of the roof in preparation for the new roof, at a cost of $5,500.00. The total project cost, including Service Roofing and Mike Dolan, is the sum of $121,324.00. Preliminary estimates for the project ranged from $150,000 to $300,000, depending on the roofing system selected and the amount of concrete repair required. Service Roofing Company has submitted the necessary closeout documents, including lien waivers, sales tax forms, and a 2 -year maintenance bond. It was moved by Potter, seconded by Burris and unanimously adopted to approve completion of the project and acceptance of work performed by Service Roofing Company for the 2011 Reservoir Roof Project. The current form of Contract for Water Service in the Rules and Regulations requests that the customer include their Social Security Number. The contract is provided on a postcard, which the customer can complete and return with postage paid by the Waterloo Water Works. Privacy concerns for customers and liability issues for the Water Works would suggest that completion of the Social Security Number be eliminated. Attached is an updated Contract for Water Service postcard, without a blank area for providing the customer's Social Security Number. It was moved by Potter, seconded by Burris and unanimously approved to adopt the following resolution: Section 1.2 Form of Contract for Water Service RESOLUTION WHEREAS, the Application Contract for Water Meter, Water Service, Sewer Service, Garbage Collection and Storm Water Fee is signed by customers who may be an owner, agent for owner, or tenant for the purpose of obtaining utility service and agreeing to pay for said service. WHEREAS, all customers from the establishment of the Waterloo Water Works on January 12, 1910 have signed a contract which includes agreement to be responsible for, and pay all water rents for the property or properties under contract. WHEREAS, a revision to the contract will provide a better understanding that water service may be discontinued at any or all accounts unless all utility payments are made. WHEREAS, adoption of a revised Application Contract for Water Meter, Water Service, Sewer Service, Garbage Collection and Storm Water Fee will cause all current and existing customers to be governed by the revised contract. THEREFORE BE IT RESOLVED, to adopt the following effective December 21, 2011: 389 WATERLOO WATER WORKS, P.O. BOX 27, WATERLOO, IA 50704 WATERLOO WATER WORKS BOARD OF TRUSTEES APPLICATION CONTRACT FOR WATER METER, WATER SERVICE, SEWER SERVICE, GARBAGE COLLECTION AND STORM WATER SERVICE DATE: YEAR: A SUPPLY OF WATER, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES IS DESIRED AT THE PREMISES KNOWN AS STREET, 1ATERLOO, IOWA, AND THE UNDERSIGNED (OWNER) (AGENT FOR OWNER) (TENANT) OF THE PROPERTY ABOVE REFERRED TO, IN CONSIDERATION OF A WATER SUPPLY, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES TO BE FURNISHED BY YOU FOR SAID PREMISES, HEREBY AGREES TO BE RESPONSIBLE FOR, AND PAY ALL WATER RENTS, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES, THEREFORE, UNTIL WRITTEN NOTICE IS GIVEN YOU AT THE OFFICE OF THE WATER WORKS IN SAID CITY, THAT HE/SHE IS NO LONGER THE OWNER, TENANT OR AGENT OF SAID PROPERTY. I AGREE THAT IN THE EVENT THAT ANY PORTION OF THE COMBINED BILL FOR WATER, SEWER, GARBAGE COLLECTION AND STORM WATER SERVICES TO THE ABOVE PREMISES IS NOT PAIL) WHEN DUE OR IN THE EVENT A COMBINED BILL FOR SUCH SERVICES REMAINS UNPAID WITH RESPECT TO ANY OTHER PROPERTY FOR WHICH I HAVE SIMILARLY CONTRACTED, WATER SERVICE TO THE ABOVE PREMISES MAY, IN THE DISCRETION OF THE WATERLOO WATER WORKS, l3E DISCONTINUED UNTIL SUCH COMBINED BILL OR BILLS ARE PAID. I FURTHER AGREE TO PERMIT ANY OFFICIAL. OR EMPLOYEE OF THE WATER WORKS TO ENTER THE PREMISES OR BUILDINGS AT ALL REASONABLE HOURS FOR THE PURPOSE OF READING METERS, TO EXAMINE PIPE AND FIXTURES AND THE MANNER IN WHICH WATER IS USED, AND TO ABIDE BY AND COMPLY WITH ALL RULES AND REGULATIONS GOVERNING CONSUMERS NOW IN FORCE, OR WHICH MAY BE HEREAFTER ADOPTED BY SAID BOARD OF WATERLOO WATER WORKS TRUSTEES AND TO BE RESPONSIBLE FOR, AND PAY FOR ANY DAMAGE TO THE WATER METER TO BE INSTALLED BY YOU AT SAID PREMISES ABOVE SPECIFIED, NATURAL WEAR EXCEPTED. SEND BILLS TO MAILING ADDRESS CUSTOMER SIGNATURE DATE OF BIRTH PHONE # OWNER, AGENT FOR OWNER, TENANT The Board of Trustees adopted standards for second meters to adjust sanitary sewer charges in June 1992, as Rule and Regulation 3.7 Second Meter or Deduct Meter. The City of Waterloo allows exemptions to sewer charges by commercial accounts for non -sewer consumption of water, such as air conditioners, process water, water put in a product, and for irrigation. The exempt water consumption is required to be metered to qualify for the sewer charge exemption. Sewer exemption metering is considered when requested by the customer. A standard of installation of a second water meter for the purpose of determining the water usage to the sanitary sewer system is provided with Alternates #1, #2 and #3. The appropriate alternate would be used depending on the customer's plumbing and type of non -sewer usage. 390 Regulation 3.7 states that the second or deduct meter is "purchased and installed by the customer". Customer purchased meters may not register properly or be compatible with our meter reading equipment. In addition, a meter set by a customer may not be set to the current Water Works regulations for meter settings. It was moved by Burris, seconded by Potter and unanimously approved to adopt the following updated Regulation 3.7 Second Meter or Deduct Meter. Section 3.7 Second Meter or Deduct Meter WATERLOO WATER WORKS STANDARD FOR INSTALLATION OF A SECOND WATER METER FOR THE PURPOSE OF DETERMINING THE WATER USAGE TO THE SANITARY SEWER SYSTEM. Alternate #1: CITY WATE Off Valve The preferred meter arrangement for separate measurement. a Water Service BUILDING v 0 Domestic Water Discharged to Sewer Process Water that is not Discharged to Sanitary Sewer The meter at "A" is installed for the purpose of measuring all water consumption and is the basis for water charges by the Waterloo Water Works. The meter at "B" is purchased by the customer from the Waterloo Water Works. The Waterloo Water Works will install the meter, subject to all other current Rules and Regulations regarding meter settings, to measure only the water discharged to the sanitary sewer and is the basis for the sewer charges. Alternate #2: This method may be required because of the customer's interior plumbing system. CITY WATE Water Service BUILDING Domestic Water Discharged to Sewer "B" ,o, Process Water that is not Discharged to Sanitary Sewer The meter at "A" is installed for the purpose of measuring all water consumption and is the basis for water charges by the Waterloo Water Works. The meter at "B" is purchased by the customer from the Waterloo Water Works. The Waterloo Water Works will install the meter, subject to all other current Rules and Regulations regarding meter settings, to measure only the water that is not discharged to the sanitary sewer and is therefore deducted from the water consumption at meter "A" for the basis for sewer charges. 391 WATERLOO WATER WORKS STANDARD FOR INSTALLATION OF A SECOND WATER METER FOR THE PURPOSE OF DETERMINING THE WATER USAGE TO THE SANITARY SEWER SYSTEM. Alternate #3: This method may be used when it is necessary to have separately metered and billed accounts for domestic water discharged to sewer and for a non-domestic non -sewer discharge. CITY WATER z WATER SERVICE BUILDING He DOMESTIC WATER DISCHARGED TO SEWER "B" NON-DOMESTIC .�_ NON -SEWER DISCHARGE The meter at "A" is installed for the purpose of measuring all domestic water discharged to sewer. The meter at "B" is installed for the purpose of measuring all non-domestic non -sewer discharge. The meter at "A" is charged for water and sewer use. The meter at "B" is charged for water use only. Both meters are charged the minimum charge plus the regular water rate for water usage. Both meters must have a remote meter reader system. Both meters must be in place at all times or both meters must be removed, not one meter in service and one meter out of service. However, meter "B" may be disconnected at the customer end and no minimum bill would accrue for a maximum period of six months while the meter is out of service. The same customer must be signed for both meters and understand that if a shut off at the pave box occurs for non-payment or any reason, both metered accounts are out of service, Alternate #3 requires the customer to sign a supplement to the application contract for water, sewer, garbage collection and storm water services. Alternate #1, #2 and #3 adopted by the Waterloo Water Works Board of Trustees on June 26, 1992, and recorded in Minute Book 18, Page 4. Supplement to the Application Contract for Water, Sewer, Garbage Collection and Storm Water Services at Waterloo, Iowa, , 20 A second water meter is desired to be installed according to the standard for installation of a second water meter for the purpose of determining the water usage for non -sewer discharge according to Alternate #3, which requires that: 1. Both water meters are charged the minimum charge plus the regular rate for water usage. 2. Both water meters must have a remote meter reading system and will be subject to all other current Rules and Regulations regarding meter settings. 3. Both water meters must be in place at all times or both water meters must be removed, at no time shall one meter be in service and one meter out of service. Water meter installation or removal shall be only by the authorized representative of the Waterloo Water Works. 392 4. When the second water meter is installed for any reason or for seasonal water usage, the water meter shall be in service for a minimum of six (6) months. 5. The customer will be subject to water charges at regular rates when water usage is recorded in any billing period. 6. The same customer must be signed for both meters serving both metered accounts. 7. The customer agrees that if a shut off at the pave box/curb stop occurs for non-payment or for any reason, both metered accounts will be out of service. 8. The customer certifies that the second water meter is a non -sewer discharge and therefore eligible for sewer exemption. I have read the application contract and the supplement to the application contract and agree to all provisions. X Customer Signature Dennis Clark distributed a list of proposed travel requests, dues and conferences that are anticipated to be attended in 2012. Also listed were the 2011 proposed and actual costs, year to date. Continuing education is necessary to renew Water Operator Certificates, Engineering License, and to stay current with the best practices for operation of the Waterloo Water Works. In addition, the Water Works is a member of trade and business organizations, and is required to pay an annual Water Fee and Use Permit, as well as construction permits for certain projects, to the Iowa Department of Natural Resources. The 2012 budget includes $40,000 for the above items. Highlights and changes for 2012 include continuing employee training for certification for back-flow testing, traffic safety training, several employees continuing to work for higher level water operator certifications, sending two employees to national conferences, (in 2012, Mary Ratkovich to AWWA Customer Service Conference, if available, and Dennis Clark to AWWA Annual Conference and Exhibition), program attendance to attain documented continuing education for Water Operator Certification renewals, and substantial training and self study reference materials. It was moved by Potter, seconded by Burris and unanimously approved to authorize the Dues, Conferences and Travel expenses for 2012 as submitted. The General Manager distributed recommendations for 2012 employee pay rate wages for non -bargaining office and management employees. The recommendations follow the general guide of a 2.5 percent wage increase, matching the increase of bargaining unit member. The recommended General Manager increase is 1.0 percent. Effective January 1, 2012, employees covered by the Water Works Pension Plan will increase their contribution from 2.867 percent to 4.50 percent. In 2013 and 2014, employees will contribute 5.38 percent and 5.78 percent, respectively. It was moved by Burris, seconded by Kuntz and unanimously approved to increase the management, supervisory, and office salaries effective January 1, 2012 as follows: Dennis Clark DEPARTMENT MANAGERS Tim Robbins Mary Ratkovich Rick Wilberding METER DIVISION MANAGER David Cunningham 2012 Rate $105,865.00 $79,919.00 $72,380.00 $79,919.00 $27.64 393 PUMPING STATION MANAGER Travis Larson DISTRIBUTION DEPT FOREMAN Steve Kerns ENGINEERING TECHNICIAN Brian Johnson DISTRIBUTION CLERK Stephanie Moore OFFICE EMPLOYEES Carla Manahl Dorothy Hacker Chavonne Hoskins Jamie Holtzman Pamela O'Connor Angie Ernst Annette Shepherd Sue Sperry $27.64 $27.64 $27.64 $17.94 $19.23 $18.76 $19.21 $18.21 $19.29 $17.56 $17.85 $17.12 The following items were reported by management: The water pumpage information for November 2011 was 2.06% less than November 2010. Water pumpage for the first 11 months of 2011 was 1.54% more than the first 11 months of 2010. An updated Salary and Benefit Summary schedule was distributed to the Board. A list of several major projects and initiatives currently underway or planned for 2011 was presented to the Board. 8:00 a.m. The next regular meeting is scheduled for Wednesday, January 25, 2012 at Upon motion, the meeting was adjourned at 9:54 a.m. BOARD OF TRUSTEES Secretary Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Development Agreement with the Cedar Valley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus and authorize Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving Development Agreement Summary Statement: As you may recall, John Deere donated several buildings for the development of the Tech Works Campus. Many of those buildings were demolished, or slated for redevelopment. This Development Agreement would work to provide for a variety of incentives and methods for the City of Waterloo to aid the Cedar Valley Tech Works and FDP WTC, LLC for the redevelopment of the Tech 2 building and campus improvements. The agreement would have the City of Waterloo bonds funds to help for the overall financing of the project will work to utilize State and Federal Historic Tax Credits, Disaster Bond funds, New Market Tax Credits, Brownfield Greyfield Tax Credits, etc. for the overall redevelopment of the former John Deere building. The building would be redeveloped for a muti-use building including office space, training space, incubator space, display space, and hotel use. The overall building redevelopment will work to utilize wind energy, solar energy, as well as many LEED certified and innovative techniques to save and create power sources for the overall Tech Works Campus redevelopment and new development. The bonds issued would be covered in the wording of the agreement by the new taxable value being created by this project, future projects, and other collateral. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Source of Funds: bonds Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The Tech Works Campus was setup through a Targe donation by Deere and Company to help fuel the bio -industries to the area, as well as create new and innovative business space sites near Downtown Waterloo and the John Deere campus. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-73 RESOLUTION APPROVING APPLICATION WITH LEER'S CYCLE CENTER FOR TAX EXEMPTIO S ON IMPROVEMENTS TOTALING $500,000.00 FOR PROPERTY LOCATED AT 101 FLETCHER AV NUE IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLA K HAWK COUNTY, IOWA. WHEREAS, Leer's Cycle Center has submitte an application dated January 18, 2012 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $500,000.00 for propert located at 101 Fletcher Avenue, more fully described as follows: That part of Lots 8 and 9, Block 26, "Wstfield" in Waterloo, Iowa, described as follows: Commencing at the Southwest corner of Lot 3 said Block 26; thence South 88°57' East, 257.0 feet along the South line of Lots 3, 4, 5, 6 and 7, said Block 26, to the point of beginning; thence North 00°15 East, 69.7 feet, along the West line of said Lot 8; thence Southeasterly 120.3 feet along a 3,884.7 foot radius curve, concave Northeasterly, having a c ord bearing South 53°33' East, 120.3 feet; thence N rth 88°57' West, 97.1 feet along the South line of sai Lots 8 and 9, to the point of beginning; AND That part of the vacated East-West alley in Block 25, "Westfield" in Waterloo, Iowa, adjoining Lots 1, 2 and 3; AND Lot 1, Block 25, "Westfield" in Waterloo, I wa; AND Lots 2 and 3, Block 25, "Westfield" in Wate loo, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revit lization Plan as officially adopted by the City Council for the ity of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and Resolution No. 2012-73 Page 2 WHEREAS, said applicant is requesting the following 10 -year partial exemption schedule: For the first year For the second year For the third year For the fourth year For the fifth year For the sixth year For the seventh year For the eighth year For the ninth year For the tenth year 800 700 600 500 400 400 300 300 200 200 NOW, THEREFORE, BE IT RESOLVED BY THE CIT COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application i hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. PASSED AND ADOPTED this 30th day of January, 2012. ATTEST: uzy Sci+a es, CMC City Clerk 7 Ernest G. Clar', Mayor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-74 RESOLUTION APPROVING APPLICATION WIT KERRY MERRIFIELD FOR TAX EXEMPTIONS ON IMPRO EMENTS TOTALING $180,000.00 FOR PROPERTY LOC TED AT 5832 SUMMERLAND DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, I©WA. WHEREAS, Kerry Merrifield has submitted an application dated December 30, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $180,000.00 for property located at 5832 Summerland Drive, more fully described as follows: Lot 57 in Summerland Park First Addition, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within th designated City Limits Urban Revitalization Area (CLURA) in Waerloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the year exemption schedule: For the first year For the second year For the third year 100% 100% 100% following three - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. PASSED AND ADOPTED this 30th daof January, 2012. ATTEST: oq Ernest G. Clark, Myour Suzy c ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-75 RESOLUTION APPROVING PPLIOCATION O IMPROVWITH BRAD MEYER FOR TAX EXEMPTIONS TOTALING $180,000.00 FOR PROPERTY LOCATED AT 3635 RANCHERO ROAD IN NE CITIN Y LIMITS URBOF REVITALIZATION AREA (CLURA), IOWA. WATERLOO, BLACK HAWK COUNTY, WHEREAS, Brad Meyer has submitted an application dated Council of the City of Waterloo, January 11, 2012 to the City Iowa, requesting to receive tax exemptions on improvements in $180,000.00 for property located at 3635 Ranchero Road, total g more fully described as follows: Parcel 'B" of Plat of Survey as recorded as Document #2012-00001123 on July 19, 2011 in Black Hawk County, Iowa all in the Northeast Quarter (NE Northwest Quarter (NW '4) of Section No. Twelve (12), Township Eighty-eight (88) North, Range No. Fourteen (14) West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located with) in Waterloo,naled City Limits Urban Revitalization Area CityCouncilof the City of as previously established by Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with �, al1Clty LimitsUrban UthenC t y 1Council1 for rea (CLURA) Plan as officially adopted City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which suchhi improvements heC ty L m tsUrban are ele fr the tax Revitalization exemption as set fort of Area (CLURA) Plan as adopted th he the Urban Revitalization YAct Waterloo, Iowa, and as s as adopted by the Legislature eIofthewa; aand of Iowa and signed by the Governor of the State WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year 100%100% For the second year 100% For the third year NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ovHEd CITY OF WATERLOO, IOWA, that said application is hereby app and the City Clerk is herebo fa�hisrresolutionized and directed to to the Assessorabdy said application and acopy March 1, 2012. Resolution No. 2012-75 Page 2 PASSED AND ADOPTED this 30th day of January, 2012. rnest G. Clark, Mayor ATTEST: Suzyares, tCQ C City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-76 RESOLUTION APPROVING APPLICATION WITH EVY JUNIATI FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $196,907.00 FOR PROPERTY LOCATED AT 952 LISA DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Evy Juniati has submitted an application dated January 10, 2012 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $196,907.00 for property located at 952 Lisa Drive, more fully described as follows: Lot No. 81 in Granger's Addition, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. PASSED AND ADOPTED this 30th day of January, 2012. Ern ATTEST: Suzy SC ares, CMC City.C1 rk 0,1 t G. Clark, Mayor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-77 RESOLUTION APPROVING APPLICATION WITH VICKI SHERWOOD FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $6,000.00 FOR PROPERTY LOCATED AT 320 MADISON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Vicki Sherwood has submitted an application dated January 10, 2012 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $6,000.00 for property located at 320 Madison Street, more fully described as follows: Lot 6, Block 6, "Hillside Addition" to the City of Waterloo, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the following 10 -year partial exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. Resolution No. 2012-77 Page 2 PASSED AND ADOPTED this 30th day of January, 2012. j:4 -"4°L -- Ernest G. Clark, Mayor ATTEST: Suzy S fires, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-78 RESOLUTION APPROVING APPLICATION WITH DARRYL DHEIN FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $13,038.00 FOR PROPERTY LOCATED AT 1146 NEWTON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Darryl Dhein has submitted an application dated December 22, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $13,038.00 for property located at 1146 Newton Street, more fully described as follows: Soash Park Addition, Lot 24, Block 7, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the following 10 -year partial exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. Resolution No. 2012-78 Page 2 PASSED AND ADOPTED this 30th day of January, 2012. Ernest G. Clark, Mayor ATTEST: - 1 uzy S4h.Tres, CMC C City Clerk d Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-79 RESOLUTION APPROVING APPLICATION WITH IOWA HEARTLAND HABITAT FOR HUMANITY FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $80,000.00 FOR PROPERTY LOCATED AT 610 SOUTH VIEW STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Heartland Habitat for Humanity has submitted an application dated November 22, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $80,000.00 for property located at 610 South View Street, more fully described as follows: The West 75 feet of the North 133 feet of Block 18, "City View Heights" in Waterloo, Black Hawk County, Iowa; and The East 75 feet of the West 150 feet of the North 133 feet of Block No. 18, and the South 12 feet of the North 145 feet of the East 75 feet of the West 150 feet of Block No. 18, in "City View Heights" in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the following 10 -year partial exemption schedule: For the first year For the second year For the third year For the fourth year For the fifth year For the sixth year For the seventh year For the eighth year For the ninth year For the tenth year 800 70% 60% 500 40% 40% 30% 30% 20% 20% Resolution No. 2012-79 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. PASSED AND ADOPTED this 30th day of January, 2012. ATTEST: -� ri 9.,42) Suzy S res, CMC City Clerk Ernest G. Clary Ma yor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-80 RESOLUTION APPROVING APPLICATION WITH SHERRY BORWIG AND GARY SIMPSON FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $10,000.00 FOR PROPERTY LOCATED AT 1120 WEST DONALD STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Sherry Borwig and Gary Simpson have submitted an application dated December 14, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $10,000.00 for property located at 1120 West Donald Street, more fully described as follows: The West Sixty (60) feet of the East One-half of Lot No. Nine (9), except the North Four Hundred Eighty (480) feet thereof, in Cloverdale Acres, in Black Hawk County, Iowa, now in the City of Waterloo, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. Resolution No. 2012-80 Page 2 PASSED AND ADOPTED this 30th day of January, 2012. ,i2 Ernest G. Clark, ATTEST: Suzy S ' h. res, CMC City Clerk Mayor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-81 RESOLUTION APPROVING APPLICATION WITH ALLEN GLASS CO., INC. FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $100,000.00 FOR PROPERTY LOCATED AT 306 WEST 5TH STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Allen Glass Co., Inc. has submitted an application dated September 16, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $100,000.00 for property located at 306 West 5th Street, more fully described as follows: Lot No. One (1) in Block No. One (1), in Hayes' Addition to the town (now City) of Waterloo, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa; and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. Resolution No. 2012-81 Page 2 PASSED AND ADOPTED this 30th day of January, 2012. 1,27' K al Ernest G. Clark, Mayor ATTEST: Suzy Sc City Clerk s, CMC Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-91 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY ASPRO, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2010 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 772, AND ACCEPTING THE WORK, AND RESCINDING RESOLUTION NO. 2012-26 IN ITS ENTIRETY. WHEREAS, Aspro, Inc. of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $5,603,560.63 in conjunction with the F.Y. 2010 Street Reconstruction Program, Contract No. 772, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. BE IT FURTHER RESOLVED, that Resolution No. 2012-26, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 30th day of January, 2012. ATTEST: Suzy Sc res, C C City Clerk rnest G. Clark, Mayor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-93 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY B & B BUILDERS AND SUPPLY OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2012 SIDEWALK REPAIR PROGRAM - ZONE 1, CONTRACT NO. 811, AND ACCEPTING THE WORK. WHEREAS, B & B Builders and Supply of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $130,424.23 in conjunction with the F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 30th day of January, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-94 RESOLUTION APPROVING METROPOLITAN COALITION AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. WHEREAS, the City of Des Moines, Iowa, the City of West Des Moines, Iowa, the City of Dubuque, Iowa, the City of Cedar Rapids, Iowa, the City of Iowa City, Iowa, the City of Sioux City, Iowa, the City of Ames, Iowa, the City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to collectively as the "Members") consider it desirable to unite the larger cities of Iowa with similar concerns in an organization to be known as the "Metropolitan Coalition" ("the Coalition") intended to enhance communication and to advance common interests in legislative matters; and WHEREAS, it is the intention of the Coalition to work collaboratively with the Iowa League of Cities in promoting the enactment of legislation beneficial to cities and opposing legislation harmful to cities as set forth in the Metropolitan Coalition Agreement; and WHEREAS, the mission of the Coalition is to develop sustainable communities for businesses and families through economic growth and good local government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Mayor and City Clerk are hereby authorized to execute the Metropolitan Coalition Agreement, a copy of which is attached hereto, on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 30th day of January, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Sr! a -s, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-95 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH DOLLY JAMES, LLC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated January 30, 2012, for the construction of six (6) multi -story condominium buildings generally located on the south side of Sycamore Street, between the railroad tracks and East 8th Street, with a rise in taxable value of over $6.0 million and tax rebates for 10 years at 100 percent, by and between Dolly James, LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 30th day of January, 2012. Ze, a_e Ernest G. Clark, Mayor ATTEST: Suzy S hares, CMC City C erk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-101 RESOLUTION APPROVING THE ESTABLISHMENT OF SEWER RATES AT THE SAME RATE AS WATERLOO'S RESIDENTIAL SEWER RATE FOR ALL PARTICIPATING GOVERNMENTAL BODIES SIGNATORY TO AN AGREEMENT WITH THE CITY OF WATERLOO. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the establishment of sewer rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with the City of Waterloo, be and the same is hereby approved. PASSED AND ADOPTED this 30th day of January, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Shares, CMC City C erk 1 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5091 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBPARAGRAPH 3 OF PARAGRAPH A OF SECTION 8-3A-2, DETERMINATION OF RATES AND CHARGES, OF ARTICLE A, USER CHARGES AND FEES, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES; AND ENACTING IN LIEU THEREOF A NEW SUBPARAGRAPH 3 OF PARAGRAPH A OF SECTION 8-3A-2, DETERMINATION OF RATES AND CHARGES, OF ARTICLE A, USER CHARGES AND FEES, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subparagraph 3 of Paragraph A of Section 8-3A-2, Determination of Rates and Charges, of Article A, User Charges and Fees, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subparagraph 3 of Paragraph A of Section 8-3A-2, Determination of Rates and Charges, of Article A, User Charges and Fees, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: 8-3A-2: DETERMINATION OF RATES AND CHARGES: 3. Users who are located outside of the limits of the city shall pay double the rates specified herein, unless an agreement has been reached and signed between the City of Waterloo and the contributing municipality or entity. (Ord. 4261, 10-6-1997). INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: January January January January 30, 2012 30, 2012 30, 2012 30, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 30th day of January, 2012, and approved by the Mayor on the 30th day of January, 2012. ATTEST: Suzy S ares, CMC City Clerk Ernest G. Clark, Mayor 1 Ordinance No. 5091 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5091, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 30th day of January, 2012. Witness my hand and seal of office this 30th day of January, 2012. SEAL Suzy Sc :res, CMC City Clerk STATE OF IOWA, Black Hawk Cou1:ty 1' do solemnly.:wear that the annexed copy of 1378819 ORDINANCE NO. 5091 AN ORDINANCE AM notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/29/2012, in the issues of 03/29/2012 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $19.86 gned Subscribed ane.'sworn to before me this day o: AtiA4. 70976 IX?IFES otary Public Received of the sum.of Dollars in full for publication of the above invoice. Notary Seal: COURIER ORDINANCE NO. 5091 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY RE- PEALING SUBPARAGRAPH 3 OF PARAGRAPH A OF SECTION 8-3A-2, DETERMINATION OF RATES AND CHARGES, OF ARTICLE A, USER CHARGES AND FEES, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES; AND ENACTING IN LIEU THEREOF A NEW SUBPARA- GRAPH 3 OF PARAGRAPH A OF SEC- TION 8-3A-2, DETERMINATION OF RATES AND CHARGES, OF ARTICLE A, USER CHARGES AND FEES, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF WATERLOO, IOWA: That Subparagraph 3 of Paragraph A of Section 8-3A-2, Determination of Rates and Charges, of Article A, User Charges and Fees, of Chapter 3, Sewer Regula- tions, of Title 8, Public Utilities, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subparagraph 3 of Paragraph A of Section 8-3A-2, Determi- nation of Rates and Charges, of Article A, User Charges and Fees, of Chapter 3, Sewer Regulations, of Title 8, Public Util- ities, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby en- acted in lieu thereof as follows: 8-3A-2: DETERMINATION OF RATES AND CHARGES: 3.Users who are located outside of the limits of the city shall pay double the rates specified herein, unless an agree- ment has been reached and signed be- tween the City of Waterloo and the con- tributing municipality or entity. (Ord. 4261,10-6-1997). INTRODUCED: January 30, 2012 PASSED 1ST CONSIDERATION: January 30, 2012 PASSED 2ND CONSIDERATION: January 30, 2012 PASSED 3RD CONSIDERATION: January 30, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 30th day of January, 2012, and ap- proved by the Mayor on the 30th day of January, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk