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HomeMy WebLinkAboutCouncil Packet - 1/28/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, January 28, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate depaitment. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 187 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Daniel Trelka, Chief of Police Agenda, as proposed or amended. Minutes of January 22, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Nathan Westemeier for tax exemptions on the construction of a new garage valued at $36,000 for the property located at 1208 Englewood Avenue and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of William P. Guelner for tax exemptions on the construction of a new garage valued at $22,300 for the property located at 1325 Leavitt Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of Kathyrn F. Grimm for tax exemptions on the construction of a new single family home valued at $333,000 for property located at 3813 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving the request of Ross Bauer for tax exemptions on the construction of a new single family home valued at $435,412 for property located at 128 Kestrel Circle, and located in the City Limits Urban Revitalization Area (CLURA). Page 2 of 187 Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution setting a date of public hearing as February 11, 2019 for the request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60 foot x 72 foot pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check in the amount of $300 to Kwik Stop #3, 1104 Washington Street, Waterloo, Iowa, for sale of tobacco to minor -first offense. Submitted By: David R. Zellhoefer, City Attorney B. Motion to approve the following: 1. TRAVEL REQUESTS a. Nine (9) WFR Lieutenants Class/Meeting: Blue Card -Incident Commander Certification Program Destination: Online Dates: One year Amount not to exceed: $3,465 subscription access b. Sgt. Erie and Inv. Gergen Class/Meeting: International Law Enforcement Educators and Trainers Association Training Conference Destination: St. Louis, MO Dates: March 18-23, Amount not to exceed: $1,515 2019 c. Sarah Kempen, Storm Water Specialist Class/Meeting: Iowa Storm Water Education Program - Iowa Certified Installer of Pollution Prevention Practices Destination: Waterloo, IA Dates: February 7, 2019 Amount not to exceed: $150 d. Rudy Jones, Community Development Director Class/Meeting: 2019 Washington D.C. Coalition Trip Destination: Washington, D.C. Dates: April 24 - May 1, Amount not to exceed: $1,920 2019 e. Keith Kaspari, Director of Aviation Class/Meeting: Spring 2019, Meeting of the Iowa Public Airports Association Destination: Sioux City, IA Dates: April 16-18, 2019 Amount not to exceed: $400 f. Joe Reiter Class/Meeting: Drone Codes Test - FFA Destination: Hawkeye Community College Dates: December 7, Amount not to exceed: $150 Page 3 of 187 2018 2. LIQUOR LICENSES a. The Comfort Zone, 213 E. 5th Street Class: C Liquor New Application Includes Sunday Expiration Date: 1/17/2020 RESOLUTIONS 2. Resolution approving an Encroachment Agreement with American Steel, LLC to allow for the installation of a 12 foot 6 inch long metal I-beam that is 6 feet 6 inches in height with custom fabricated lettering to encroach within a 16 foot utility easement and 3 feet 6 inches into the city right-of-way at 735 Ansborough Avenue, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving an Encroachment Agreement with US Bank to install a 6 square foot no parking sign, with a 1.85 square feet US Bank Logo, that extends approximately 10 feet into the public right-of-way, located at 425 Cedar Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving an Easement Agreement with BCS Properties, LLC to dedicate an additional 10 foot utility easement to allow for the extension of utilities adjacent to Foundation Drive, a new street to be constructed north of West Ridgeway Avenue and east of Highway 63, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving Acquisition Contract with Vozuca, LLC, to acquire land on Sherman Avenue and Esther Street in the amount of $2,400, and authorize Mayor and City Clerk to execute all said document. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving application for R.I.S.E. funding for local development for a new roadway off of Leversee Road, and approve the Memorandum of Understanding with INRCOG for the writing, preparation, and submission of said grant, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution accepting Warranty Deed from BCS Properties, LLC and dedicating 2,180 square feet (0.05 acres) as city owned right-of-way, located at the northwest corner of West Ridgeway Avenue and Foundation Drive. Submitted By: Noel Anderson, Community Planning and Developoment Director 8. Resolution approving an Amendment to a Development Agreement with Residential Development Partners, LLC, Black Hawk Contracting and Development Co., GMJ2 Industries, LLC, and Lincoln Savings Bank, to change construction timelines and Page 4 of 187 parties involved moving forward, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving an Amendment to Development Agreement with Black Hawk Contracting & Development Co., changing the project construction timeline and adding the 657A Infill Policy incentive for the property located at 7th and Lafayette Street, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving Anti -Heroin COPS grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $6,111, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorize the Mayor and Chief of Police to execute said document. Submitted By: Frank Krogh, Captain of Police Services 11. Resolution approving an Ambulance Services Agreement with UnityPoint at Home dba UnityPoint Hospice for ambulance services, and authorize the Mayor to execute said document. Submitted By: Lieutenant Jason Hernandez, Fire Rescue 12. Resolution approving the Otto Schoitz Foundation grant application in the amount of $100,000 in conjunction with the Waterloo Skatepark Project. Submitted By: Paul Huting, Leisure Services Director 13. Resolution approving a Professional Services Agreement with AECOM for Design and Construction Administration and Inspection Services associated with a FY -2019 IDOT- funded list of projects at the Waterloo Regional Airport in the amount of $17,600, and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Director of Aviation 14. Motion approving Final Quantity Summary for a net increase of $32,567.23 in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 15. Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc. of Waterloo, Iowa, in the amount of $1,364,550.81, in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer ORDINANCES 16. An ordinance amending Storm Water User Fees. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees. Motion to suspend the rules. Page 5 of 187 Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Jamie Knutson, PE, City Engineer 17. An ordinance repealing and replacing Title Three, Chapter Four, Article A Pawnbrokers. Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers. Motion to suspend the rules. Motion to receive, file, consider, and pass for the third time and adopt said ordinance. Submitted By: Major Joe Leibold ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 6 of 187 CITY OF WATERLOO Council Communication Minutes ofJanuary 22, 2019, Regular Session, as proposed. City Council Meeting: 1/28/2019 Prepared: REVIEWERS: Department Reviewer Action D ate Ck rk Office I0y,, Nancy Approved I /23/201 I 2 08 P M ATTACHMENTS: Description Type D Department Requests; Backup Material. Submitted by: Submitted By: Page 7 of 187 January 22, 2019 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, January 22, 2019. Mayor Pro Tem Sharon Juon in the Chair. Roll Call: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at 5:33 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Chris Youngblut, Director of Technology 145766 - Schmitt/Feuss that the Agenda, as proposed, for the Regular Session on Tuesday, January 22, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 145767 - Schmitt/Feuss that the Minutes, as proposed, for the Regular Session on Monday, January 14, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that his neighbor on Williston contacted him about problems she had getting her water line repaired when she had a leak in the line. He explained that the individual incurred extra cost in having her water line repaired. He requested that the city council vote to pay the difference in the extra cost of her bill. Mr. Jacobs arrived at 5:33 p.m. Mr. Morrissey commented that he would like an update on what is happening with the city's contract with the Buxton Company. He stated that the city pays $50,000 annually and that they were to have regular updates. Noel Anderson, Community Planning and Development Director, explained that Buxton has provided annual updates and his staff does have regular communication with the company. He agreed to arrange an update for council. Mr. Schmitt commented that the Alliance has provided quarterly updates as part of that relationship and questioned how much longer the contract would be in effect. Noel Anderson explained there is approximately one year left in the contract. Mr. Morrissey commented that some people are wondering what can be done to attract businesses to Waterloo rather than having them leave Waterloo and commented that it would be great to have marketing to announce new businesses arriving to the community. He stated that another concern is about parking in downtown Waterloo and wondered when solutions will be presented to the public. He shared that Ervin Sabic received second place in the Keep Iowa Beautiful photography contest. Mrs. Klein assured everyone in Waterloo that everyone on the council thinks of Waterloo as a whole community not just where the Ward boundaries rest. Mr. Schmitt commented that an article in the Courier talked about Cedar Falls spending CIP funds in January 22, 2019 Page 2 145768 - Schmitt/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145769 - Schmitt/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 22, 2019, in the amount of $2,849,480.95, 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. 2019-30. 2. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of $300 from Casey's, 51 E. Tower Park Drive, Waterloo, Iowa for sale of tobacco to minor -first offense. Resolution adopted and upon approval by Mayor assigned No. 2019-31. 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 14, 2019 and date of public hearing as February 18, 2019 for the FY 2019 Bridge Repairs - Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-32. 4. Resolution setting a date of public hearing as February 4, 2019 for a request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District located north of 1685 Independence Avenue, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-33. 5. Resolution setting date of public hearing as February 4, 2019 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-34. 6. Resolution approving cancellation of assessment for 636 Hickory Street, in the amount of $1,564 for repairs to the service line, 1016 Forest Avenue, in the amount of $63.85 ($53.35 Sewer and $10.50 Garbage), and 1526 Byron Avenue, in the amount of $233.95 ($112.93 Sewer, $21.81 Storm and $99.21 garbage) and authorize City Clerk to notify Black Hawk January 22, 2019 2. a. b. c. d. e. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Cedar Valley Fish Market, 218 Division Street B Beer Renewal 1/25/20 Liquor and Tobacco Outlet, 2844 University Avenue B Wine / C Beer / E Liquor Renewal 1/31/20 x Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street A Liquor w/Outdoor Service Renewal 1 /14/20 x XO Food & Liquor, 428 Franklin Street E Liquor Renewal 12/14/19 x XO Food & Liquor, 428 Franklin Street B Wine / C Beer Renewal 12/14/19 x 3. Cigarette/Tobacco Permit New Application for Romantix Adult Emporium, 1507 N. LaPorte Road. Roll call vote -Ayes: Six. Abstain: One (Jacobs on items 2.d and 2e. due to possible business conflict). Motion carried. RESOLUTIONS 145770 - Morrissey/Amos that "Resolution approving a grant application to the Wellmark Foundation in the amount of $100,000 in conjunction with the Waterloo Skate Park Project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-36. 145771 - Morrissey/Amos that "Resolution approving the Iowa Certified Local Government 2018 Annual Report and authorize the Mayor and Planning Staff to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Ed Ottison, Historic Preservation Commission, provided an overview of the annual report. Resolution adopted and upon approval by Mayor assigned No. 2019-37. 145772 - Morrissey/Amos that "Resolution approving a Development Agreement and Minimum Assessment Agreement with Cedar Valley Real Estate, LLC for the redevelopment of a mixed use building located at 300-304 Commercial Street, with a tax rebate amount of 70% for a term of fifteen years and a grant of $300,000, with a minimum assessment of $1,300,000, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. January 22, 2019 Page 4 Dan Cooley and Kade Hoppenworth, Cedar Valley Real Estate, LLC, explained their interest in the property, planned investment, and anticipated increase in new jobs with the development. Mr. Schmitt questioned if the $300,000 grant is unusual to offer in development agreements. Noel Anderson explained the reasoning behind allocating the $300,000 grant is to help incentivize the development. Mr. Morrissey questioned if financing has been secured for the project. Noel Anderson explained that the developer has gone through an intensive process with the State of Iowa for Brownfield/Grayfield tax credits and that the CFO will be reviewing all of the financial data prior to releasing grant funds. Mr. Jacobs questioned if there is enough parking downtown for the project. Noel Anderson explained that the project has both on and off street parking available and listed other parking projects that are planned for around the location. Dan Cooley stated that they have 27 off street parking stalls. Mrs. Klein questioned if taxes were collected while the building was vacant. Noel Anderson explained that to his knowledge, taxes had not fallen behind. Resolution adopted and upon approval by Mayor assigned No. 2019-38. 145773 - Klein/Amos that "Resolution approving request for Release of Reversionary Rights pertaining to a Development Agreement with LG Companies, LLC, for the construction of one new single-family home located at 1935 Rainbow Drive, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned what Release of Reversionary Rights means. Noel Anderson provided an overview of the term. Resolution adopted and upon approval by Mayor assigned No. 2019-39. 145774 - Klein/Amos that "Resolution approving Design Guidelines for Historic Buildings created by the Historic Preservation Commission", be adopted. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson explained that the guidelines are put together for people to follow when they are altering or rehabilitating homes that have been deemed historic. Mr. Schmitt asked which neighborhoods are being discussed today. 1,T 1 A 1 1_ _ TT' _ 1. 1 _ __ 1 __ _ _ 1. 1 January 22, 2019 Page 5 percent of the people approve the designation for the boundaries, and if approved, would everyone within the boundaries have to go by the guidelines even if they weren't an eligible home just because they fall within the boundaries. Noel Anderson explained that it is possible to set a local historic designation for the City of Waterloo, separate from the National Register. He further explained that an ordinance would need to be adopted to set the percentage of participation, and that all renovations within the designated neighborhood would need to be reviewed by the Historic Preservation Commission to determine whether or not it is a participating property. Mr. Jacobs questioned if the guidelines are a requirement and enforceable. Noel Anderson explained how the guidelines will work. Ed Ottisen explained that the guidelines are based on the ones used by the National Register of Historic Places. The guidelines only apply to homes that are locally designated. Mr. Schmitt questioned if decimated properties would also be considered for renovation. Ed Ottisen explained that each property would need to be considered individually. Mr. Schmitt questioned if these guidelines will create complications for landlords. Ed Ottisen explained that it would be something landlords need take into consideration. Mrs. Juon questioned if the commission seeks out new properties for historic designation. Ed Ottisen explained that currently, interest is determined by way of survey. Mr. Morrissey used the example of 519 E. 3rd Street, which was granted historic tax credits and was presumably beyond restoration, and commented how remarkable the plans are to restore that property to historical standards. Noel Anderson explained that the guidelines for approval tonight would only apply for properties currently designated as historic, such as Highland Neighborhood. David Dryer, 3145 W. 4th Street, commented that too many guidelines create barriers for people trying to fix up their properties. Resolution adopted and upon approval by Mayor assigned No. 2019-40. ORDINANCES 145775 - Amos/Morrissey that "an Ordinance approving a request to vacate a 7,500 square foot portion of Bluff Street right-of- way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to be vacated", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. January 22, 2019 Page 6 that "an Ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers", be received, placed on file, considered and passed for the first time. Roll call vote - Ayes: Seven. Motion carried. Major Joe Leibold provided an overview of the ordinance and the inclusion of a transaction fee. Mr. Schmitt questioned if all pawn brokers are in support of this change. Major Leibold confirmed that all locally owned stores have been involved in the drafting and development of the ordinance language. Mrs. Klein commented she had just one email complaining about the transaction fee and asked how much that fee is. Major Leibold stated the transaction fee is .50 cents. Mr. Jacobs questioned the inspection process laid out in the ordinance. Major Leibold explained the inspection process. 145778 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. OTHER COUNCIL BUSINESS 145779 - Amos/Morrissey that Change Order No. 1, in the amount of $39,237.42 in conjunction with the Waterloo Waste Water Treatment Plant Equalization Basin Overflow Line, Contract No. 880, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Steve Hoambrecker, Waste Management Director, provided an overview of the change order. ADJOURNMENT 145780 - Schmitt/Jacobs that the Council adjourn at 6:33 p.m. Voice vote -Ayes: seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Resolution approving the request of Nathan Westemeier for tax exemptions on the construction of a new garage valued at $36,000 for the property located at 1208 Englewood Avenue and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/28/2019 Prepared: 1/22/2018 REVIEWERS: Department 1° pnn nn n tll:r g 8 .Com CIIerk Office, Reviewer Schroeder, Arid Rigby, Nancy ATTACHMENTS: Description C/1/J :.A. 1208 E rnt;k woo J .Ave„ Forn'n ( URA 1208 -.1. n.glewood Ave„ Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action A pp ro ved Approved. Type (17oveJr Menu Cover .Mern.:no Date 1 /722/2,019 ... 1/23/2019 ... :30 ) M p :24 A.M Resolution approving the request of Nathan Westemeier for tax exemptions on the construction of a new garage valued at $36,000 for the property located at 1208 Englewood Avenue and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving CURA application from Nathan Westemeier for the construction of home improvements located at 1208 Englewood Avenue, Waterloo, Iowa 50701, valued at $36,000 and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. None N/A Strategy 3.8: Continue efforts to foster new investment and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area. Hagerman Place Lot 20 and 21 Block 20 Page 14 of 187 L91. JO Si, abed For Office Use Only Date Received: -L11 Received by: Staff to make a copy fol applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the lst 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: ?)1 A. DATE: What is the Address of the property being improved? 1/ 0 (4 filijiCw.ttc Ade, A.1141,140 7e 1 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? iqzx erit CA./A. a cc, Io OcA,., c2( . ft,,c c),„ 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. / A partial exemption on the actual value added by improvements according to the following schedule: a. b. First Year 80% Second Year 0% . Third Year 60% d. Fourth Year 50% e. Fifth Year 40% f. Sixth Year -40% g. Seventh Year ------30% h. Eighth Year--- ----- 30% i. Ninth Year ---------20% j. Tenth Year --20% C. What was the nature of the improvement(s)? Att,RcLC1 D. City of Waterloo Building and Inspections Department Information: Permit Number: 10 teg 000Cn1,, Date permit was issued: E. What was the cost of the improvement? S ( 60C> F. Estimated or actual date of completion of these improvements? /2( ci Total permit(s) valuation: — G. If this is not a singe -family dwelling ut which you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO Council Communication Resolution approving the request of William P Guelner for tax exemptions on the construction of a new garage valued at $22,300 for the property located at 1325 Leavitt Street and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/28/2019 Prepared: 1/22/2018 REVIEWERS: Department 1° pataar'iang & or O Clerk Office Reviewer Schroeder, r, Ar. c p pigby, Nancy ATTACHMENTS: Description D CURA. 1325 1I.,eaavitt Street na. CUR.A. 1325 Leavitt Street Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action A pp ro ved Approved. Type (oven:' J\1erna Caver Date 1/22/20..9 ... 5:44 PM 1/7,3/2019 12:12, P Resolution approving the request of William P. Guelner for tax exemptions on the construction of a new garage valued at $22,300 for the property located at 1325 Leavitt Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. None N/A Strategy 3.8: Continue efforts to foster new investment and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area. Millers Fifth Addition Lot 8 Block 1 Page 17 of 187 For Office Use Only Date Received: ,L57 Received by: 4:: Staff to make a co eFi CONSOLIDATED URBAN REVITALIZATION AREA APPLICATIONFOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, The Consolidated Urban Revitalization Arca (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If conunercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department,) 3. This application must be filed with City prior to the Is` 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: WA" 1 it PI P. SIGNATURE: . ADDRESS:3_(1 5 Lea 41" TELEPHONE: 3) 9 • . (, ) 9 DATE: 1' / L A. What is the Address of the property being improved? / 3) L rc &; What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the (ourthouse)? , ()ix' r: i'n 1 (4c v \ \ 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. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year- - 80% b. Second Year ------70% c, Third Year-- ----- 60% d, Fourth Year 50% g. Seventh Year 30% e. Fifth Year- 40% h. Eighth Year-- ----- 30% f. Sixth Year ---------40% i. Ninth Year --20% j. TenthYear 20% C. What was the nature of the improvement(s)? 6.1 D. City of Waterloo Building and Inspections Department Information: Permit Number: 5 - 1,,iqo Date permit was issued; / 0'30 Total pennit(s) valuation: / ' ----- 000 j,R E. What was the cost of the improvement'? 30 0 , 1 G („/ ct F. Estimated or actual date of completion of these improvements? 1 G. Ifthis is not a singe -family dwelling Unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes K No Note: The improvements to your home or business may not change the assessed value. Noto: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black • Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 18 of 187 !.111111111 m11111111 .�....� I!fu,Nlrc �VI ale 11111111"1,11u1,11,11111'""' '11111111111111F "' IIIIIIIII111111!'I 111 1111 tl" 111111111111111111111111111111 IU,11:1' �aN BMW ! 'y�u��l�1' yd � P luuugpl 'ullllllillllip!i l ,1„1\1„1„,ilii13; yh;'11�'11111�11n1lU1p11111u;1111;1 lllh NNN'I�IIIN�� !111 111! 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I III I 1 .111 ��IIII ,til I��lllh � III I111ij111i111111!Ol�lll!I��Illr�i'Ii,IIV�l1�l^"I'l�iiil'Il�7,ij;'�;I;',IJI�j!+liM Iu 1.,1u1,' 1+'uumrYll,1'o I� d" 11 8 n1�o11 boa yy u fid , 01� 1117 fl IIS IIII 1011;1!!1,,.., iuljlll" ,, w9; „1, ddIINNVI�Nplp'11fl d Vm� 'Jlir'IIP; ii �lI�AYIn 1 Note Base map data source !s Black Hawk County Thu map noes not represent a sur.ey no lmbrftr Issure med for the e.ucy of the data delineated herein, Oh,r expressed or !moiled bt Bleck Hawk County the Black Hawk County Assessor or they emplu, ees The City of \Hated, makes nu warrant„ express or moiled, as to the acmes. of the Information shoen n this map, and expressly drsdzrms !Blatt, for the accuracy there, Users should refer to officral plats surveys, recorded deeds, etclocated at the Bleak Hawk County Assessor s efflce for complete end sucrate in -tomato, 50 100 200 Fee pnmm��Imnmlm�m all CITY OF WATERLOO Council Communication Resolution approving the request of Kathyrn F. Grimm for tax exemptions on the construction of a new single family home valued at $333,000 for property located at 3813 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/28/2019 Prepared: 1/22/2019 REVIEWERS: Department Reviewer Action Date 1° pnt:nnm'aan.g & Zo . n g Schroeder, Aroc Approved 1/72/2019 - 3:36 PM t.'llenk Office 119by, Nancy Approved 1/23/2019 ... 11 :24 AM ATTACHMENTS: Description Type D CLURA 3813 "fire• 1..,aarne°Map Cover Memo D CLURA 381.3 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: Resolution approving the request of Kathym F. Grimm for tax exemptions on the construction of a new single family home valued at $333,000 for property located at 3813 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Unit D and the undivided percentage interest in the common elements appurtenant to said unit, Sunnyside Cove Condominiums of Waterloo, Black Hawk County, Iowa recorded March 20, 2018 in Doc. #2018-15265 as laid Page 20 of 187 out on a part of Parcel "M" of Plat of Survey 343 Misc. 864 filed September 7, 2001. Page 21 of 187 For Office Use Only Date Received: ! Received by: S aff to make a copff r ap CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THF PROVISIONS OF THE CITY LEVITrs URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF ITIE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3 -year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: L 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 Is' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: TELEPHONE: 3 19 SIGNATURE: , >1..1 Ail1 477 DATE: ill A. What is the Address of the property being improved? What is the Legal Descriplion of the property? (May be available at County Recorder's Office on 2'd floor of the Courthouse B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) L ) C. City of Waterloo Building and Inspections Department information: Permit Number: 0(0 k , c,cccx,. (,:,], (i,2 --k4H $,.' Date permit was issued: Total permit(s) valuation: D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? Note: City Council approval does not guarantee tax exemptions. The application rraist be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK FIAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 23 of 187 Page 1 of 1 LOAN #: 8880136570 (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider 0 Second Horne Rider 0 Balloon Rider 0 Planned Unit Development Rider ❑ Other(s) [specify] ❑ 1-4 Family Rider ❑ Biweekly Payment Rider 0 V.A. Rider (H) 'Applicable Law" moans all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions, (I) - "ComrnunityAssociation Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (I) damage to, or destruction of, the Property; ([i) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its Implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender, with power of sale, the following described property located in the County - [T'pe of Recording Jurisdiction] of Black Hawk [Name of Recording Jurisdiction]: Unit D and the undivided percentage interest In the common elements appurtenant to said unit, Sunnyside Cove Condominiums of Waterloo, Black Hawk County, lowa recorded March 20, 2018 in Doc. #2018-15265 as laid out on a part of Parcel "M" of Plat of Survey 343 Aliso 864 filed September 7, 2001. APN #: TB© which currently has the address of 3813 Trent Ln, Waterloo, Iowa 50701 ("Property Address"): [Zip Code] [Street] [City] Page 24 of 187 CITY OF WATERLOO Council Communication Resolution approving the request of Ross Bauer for tax exemptions on the construction of a new single family home valued at $435,412 for property located at 128 Kestrel Circle, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department Reviewer Action Date 1° pnt:nnm'aan.g & Zo .:ng Schroeder, Aroc Approved I/23/2019 ... 10:48 AN4 t.11enk Office 1 pirby, Nancy Approved I/23/2019 ... 11:29 AM ATTACHMENTS: Description Type D CIL LJR.11 1215 1::3tackuarp D 01,p1p:Z.A 12,8 1..a stra:°p C ircie I ap SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Ross Bauer for tax exemptions on the construction of a new single family home valued at $435,412 for property located at 128 Kestrel Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Hills First Addition Lot 12 Page 25 of 187 For Office Use Only Date Received: Received by: stair to make a copy fr applicant CITY LIMITS URBAN REVIIALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF TIM CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3 -year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors, Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date ofJuly 18, 2011 do not qualify. NAME: Ross a PA4e4- ADDRESS: 1 i.e.phrej C TELEPHONE: 3 - 7ci - l• SIGNATURE: DATE: A. What is the Address of the property being improved? 1 a s. ge..ciro I oecif. (,564, 100 , re0701 What is the Legal Description of the propel y? (May be available at County Recorder'Oiice on 211 floor of the Courthouse) -1 I it B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) M Eke lAd4 A C. City of Waterloo Building and Inspections Department Information: Permit Number: 24/7.--avo 7o3)ate permit was issued: D. What was the cost of the new construction? 1?5,Yia E. Estimated or actual date of completion of this new construction? Total permit(s) valuation: , J. 4- 7 a61? Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. [—CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 26 of 187 IV! p.. ittlll^II 111111111111111111111111111111111111111111 11111 �lgll � svlll I II�i;vv II�Inllomll 1,11,11l1,101;ullll!Ip llurl11 IIlllllllp II VI�yi�II^V��liil v'fiii utlllll �''ii d; ni'IIIDVV,V1��„it(11111lilllliolllll�i'lilvvv11� I I I�I�I�I Upp�u �I�I IIIIIIJ � �, � I � �� �p��llllun �I'IIIlh II uII�1il I. Ilyl11 IIIIJn 'f1i1 I I�, II IIIIII,III II O� VIII I huludllVlllV''VIVI�l 1IIIIVVVVIII lu� 1111 1 L �I,.,'uli'llu 1111111 „Iv ovvv0OVVV1000V,V,V,000V,V,V,VVVVVVVVVVVVVVVVVVVOVI 1111 ^VIII. iNl^I1m Illllllllllrrlll;l 111,'' Note Base map data source Is Black Hawk County Thee map does not represent a stray no ,label[, Issure ed for the e.ucy of the data delineated rerun, elther expressed or Implied b, Black Hawk County the Black Hawk County Assessor or they emelt, ees The City of \Hated, makes nu warrant„ express of led, as to the accuracy of the Information shofin on thls nlae, and expressly dlsdzrms hatellty for the curacy thereof users should refer to ofrclal plats surveys, recorded deeds, etc r located Bled( Hawk County Ass ssr.s enhce for complete e and auurate nrfonrakun 11111111111111111'111111111111ONI �uIllollnummNIu W llIMryI pIllln� llr�"l'�''ul1d1''4lI� 1N'I�IrJI� I l V II ��.r� IppII III SII' CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as February 11, 2019 for the request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60 foot x 72 foot pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway, and instruct City Clerk to publish notice. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department o ro itW Clerk aftice ATTACHMENTS: Description D Application D Staff it.epoirt D Aerial Photo D Overview Map • T aliv D D P itturcs D Legal l..)o: sa°,u"il on. SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Arid i4,?,Iby, Nancy Action Approved Approved (_over .ono (.`ower L\/.erno Date /23/20 19 ... 10: 42, A 1123/2019 ... 1 i :.?,8 AM Resolution setting a date of public hearing as February 11, 2019 for the request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60 foot x 72 foot pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request to set a date of public hearing as February 11, 2019 for the request by Michael Maloney to rezone 1.55 acres from "R- 1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway. The "R-1" One and Two Family Residence District is intended to provide Page 28 of 187 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: for areas of the community which are suitable for low density residential uses that are adjacent to residential, professional offices or neighborhood commercial uses. However, the area has existing commercial businesses to the north at 3146 Logan Avenue and 3160 Logan Avenue that where established in the early 1950's as well as the west and southwest. The property at 3146 Logan Avenue was rezoned from "A-1" Agricultural to "C- 2" Commercial District in1988 and 3160 Logan Avenue was rezoned from "A-1" Agricultural District to "C-2, C -Z" Conditional Commercial District in 1994. The Future Land Use Map designates this area as Commercial. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. There are new commercial developments that have occurred in recent years with the construction the Casey's General Store located on the west side of Logan Avenue that was built in 2001, Dollar General Store located near the southwest comer of the intersection of Logan Avenue and Airline Highway at 2935 Logan Avenue that was built in 2011. The former Dine Hardware store located north of the Dollar General Store at the southwest corner of the intersection was demolished in 2013 and the site is available for redevelopment. Therefore, staff believes that the request is appropriate for the area and would help a growing new business to continue to grow and be successful. At the January 8, 2019 meeting of the Planning, Programing and Zoning Commission, the Commission unanimously recommended approval of the rezone request. None N/A Zoning, Land Use and Economic Development. The East 204 feet of the West 369 feet of the South 363 feet of the Southwest Quarter of Section No. 1, Township No. 89 North, Range No. 13, West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, except that part thereof conveyed to the City of Waterloo, Iowa, in 546 LD 790. Page 29 of 187 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.43 66 1. APPLICATION INFORMATION: j a. Applicant's name (please print): [ ll iC�.e.1 .1\ t oskt..1 Address: `l E /it �i JL 1�tiyyinL,JAr Phone: 314 ) L 3 t44 37 Fax: City:'k,i }t; loin' .J State: Ic.VCI. Zip: (?703 b. Status of applicant: (a) Owner \ (b) Other - (CHECK ONE): If other xplain: %A A /NI_ OW vies OS c?' i 16 i q : (wdi be o;.a n r b .>� t siu�- or : KO ; 4 ,) c. Property owner's name if different than above by print): J Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: ` a. General location of property to be rezoned: q � 11ir L 1 ��v� «� Wr \"` ' b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 3J1 . ;104 d. Area of Proposed Zoning Boundary (Excluding Right of Way): 1 g 5C iXOL1 e. Current zoning: U Requested zoning:_ [:vMAII'Li til 191/4 f. Reason(s)for rezo in and proposed use(s)of property: of ;,ut%l+i o r 70,,,,A_"' . u i}�t, g p P p p Y���.` \J z.. con lei I t) 0, tAft,up i !LA encs cu S rtdt.. Of' ?As.i2,-1.3, g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the estion in regards to the request. Signa E r . f Ap !leant IS Date its Date Page 30 of 187 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 Request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway. Michael Maloney, Maloney Landscaping, 45 Airline Highway, Waterloo, Iowa, 50701 The proposed rezone area is located two houses to the East of the intersection of East Airline Highway and Logan Avenue. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. The proposed rezone request would not appear to have a negative impact upon existing pedestrian and traffic conditions in the area. Airline Highway west of Logan Avenue (Hwy 63) is classified as a Minor Arterial roadway and east of Logan Avenue (Hwy 63) is classified as a Local roadway. Logan Avenue is (Hwy 63) is classified as a Principal Arterial roadway. No trails are located adjacent to the property in question. The area in question is currently zoned "A-1" Agricultural District, and has been zoned as such since the adoption of the Zoning Ordinance in 1969. The surrounding land is zoned as follows: North — "A-1" Agricultural District -Consists of 4.8 acres of heavily wooded area, as well as commercial uses zoned "C-2" Commercial District. South — Approximately 5 acres zoned "C-2" Commercial District and 36 Acres zoned "R-4" Multiple Residence District that is being farmed. East — "R-1" One & Two Family Residence District and "A-1" Agricultural District with single family homes and farmland. West — "R-1" One & Two Family Residence District -One Single Family Home, Logan Avenue (Hwy 63) and Casey's General Store zoned "C-2" Commercial District The home at 31 East Airline Highway to the west of the applicant's property was built in 1910. The applicant's property was built in 1936 and the property to the east of the applicant's property at 75 Airline Highway was built in 2003. Mr. Baldwin the owner of 75 Airline Highway built a 40'x80' (3,200 square feet.) building on a 3 acre lot without knowing that a building permit had not been obtained by the contractor claiming that he PgDgt3lf6f 187 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 needed that size building to house his maintenance equipment for his 3 acre home site. The Zoning Ordinance, Part V, 2A-7, E states that accessory buildings cannot exceed 6% of the lot area up to 1,800 square feet. Mr. Baldwin then demolished the existing home in 2003, and built a replacement home. Mr. Baldwin applied for and was granted a variance on May 22, 2001 to legalize the existing 3,200 square foot pole building on the property. The applicant's property lies near the intersection of Highway 63 and Airline Highway. The Comprehensive Plan and Future Land Use Map designate this area for Commercial. Buffering or screening may be required for the request along the westerly and easterly property lines to shield the pole building and business activities from the adjacent residential properties to the west at 31 Airline Highway and to the east from the property owner at 75 Airline Highway. Rezoning of the land would not appear to have a negative impact upon drainage in the surrounding area as the applicant would be required to provide an approved water retention plan to the Engineering Department prior to any construction. No areas of the site in question are located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190025 and Panel Number 0187F, dated July 18, 2011. There are no schools or public spaces located within close proximity of the site in question. The applicant's existing home is served by a new septic tank that was installed by the applicant in November of 2018. However, the new septic tank was only designed to serve the existing 4 bedroom home and not the future 1 to two bathroom facilities proposed to be constructed in the proposed commercial building that will be utilized by approximately 3 full-time employees and part-time employees of the company. Additional septic capacity may be required by the Health Department The Future Land Use Map designates this area as Commercial. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. pg=032f 6f 187 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 The "R-1" One and Two Family Residence District is intended to provide for areas of the community which are suitable for low density residential uses that are adjacent to residential, professional offices or neighborhood commercial uses. However, the area has existing commercial businesses to the north at 3146 Logan Avenue and 3160 Logan Avenue that where established in the early 1950's as well as the west and southwest. The property at 3146 Logan Avenue was rezoned from "A-1"Agricultural to "C-2" Commercial District in1988 and 3160 Logan Avenue was rezoned from "A-1" Agricultural District to "C -2,C -Z" Conditional Commercial District in 1994. There are new commercial developments that have occurred in recent years with the construction the Casey's General Store located on the west side of Logan Avenue that was built in 2001, Dollar General Store located near the southwest corner of the intersection of Logan Avenue and Airline Highway at 2935 Logan Avenue that was built in 2011. The former Dine Hardware store located north of the Dollar General Store at the southwest corner of the intersection was demolished in 2013 and the site is available for redevelopment. Therefore, staff believes that the request is appropriate for the area and would help a growing new business to continue to grow and be successful. There is no platting required as a part of this request to rezone. Therefore, staff recommends that request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area. 3. The request is in conformance with the Comprehensive Land Use Plan and Future Land use Map. And with the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2. Appropriate screening is installed along the west and east property lines to effectively screen the use from adjoining residences. PgDgEP83f6f 187 City of Waterloo Rezone "A-1" to "C-2" January 8, 2019 Pg=0 84f 6f 187 City of Waterloo Planning, Programming and Zoning Commission January 8, 2019 lopoov YRiI. 1;i„11;;;!1;1;;;;;;;;,;;;!;;;;10"::‘,4;;;;;',1"," 111111111111111111111111111111 r 1, ui uuuuiuuum111111lllllul1111111111t;;;;1011i;;;11 45 E. Airline Highway Rezone from "R -i" to "C-2" Michael Maloney 0 0.005 0.01 0.02 0.03 0.04 kg87 City of Waterloo Planning, Programming and Zoning Commission January 8, 2019 45 E Airline Highway Rezone from "R -i" to "C-2" Michael Maloney 0 0.03 0.06 0.12 0.18 0.24 sof 187 MALONLY LAWN�8�� �~������ ��um������ ���~��w 319.213.4431 wwvv,K4a|wneyLan&coss..com Maloney Lawn Landscape Snow LLC was started by Michael Maloney in 2015. When started, it was Michael and a truck, trailer, mower & trimmer going around mowing lawns. Since then, the company has grown to have two full-time employees as well as a couple part time employees performing a full array of landscape services. Maloney Landscapes now offers sod installation, hydroseeding, grade work, retaining walI/patio installation, lawn care, fertilization/weed control, material hauling, snow removal, salt application, and a few more services. We have been able to grow rather quickly with the help of some of our main landscaping customers like Panther Builders and LetGet Creative (LGC). We are very grateful for these relationships and are excited to see where they take us. We service around 30 residential lawns along with 30 driveways for snow removal. We also service about fifteen commercial snow accounts, I have always said that the reason I am in business is so that if I am successful, I can use the business as a platform to help others. I am a firm believer we were put on this earth for more than just living and | want to give back. | want to incorporate a giving program where my customers can donate a percentage of their invoice to a monthly organization and my company will match it — up to 3-5%. I am a firm believer in making the world a better place and this is one way I can achieve that. Currently Maloney Landscapes services the entire Cedar Valley, also servicing as far west as Parkersburg and as far north as Waverly. We have traveled a little farther for landscaping. Below you will see some pictures of projects completed in our neighborhoods. Please feel free to ask any questions you might have! We appreciate the opportunity to rezone this property and very much appreciate your consideration. Thank you I Michael Maloney Page 37 of 187 d' �� 9ll6all V'�V4"WI nllw 11,111111 „! w wmloll d�wrr �VWw ml�Illudm�mI�IIWu�IIKR6idIIdW'f6( ,I! IrP,�4p �d'V „9,04•aIII 10 a „, log1)144014 IIII a M'I dpi mmwwe.��.wm a w..... IVIG W : W! „ gWWPWNNP m ,..' �ull!'WJI'AI!W„„cul VoViu"r�'mlgtluvv,V'r11W4tiWUV� w iryilll4�4(V IV'�i���Irl mm uwmwiv �64mloovyWIRIWu(mmwloli F+ukWl`�ablVa�W;; nrn IU,�Prd 111 1111111 p�INli(��11 Ylh"/iiPi niR6lnim uu uuuuuuu �����IIII �� .ilivilililvvovIvIvIvIvIvIvIvIvIvIvIvIvIvIvIv111111 11111111111111111111111 11111111111111111111 PIbW1 "W (� �� �Illllu, �(uuuu uw111puuuu ���II!mhuuIIIIIIIIIV' ..ii; "!'9111i11i1 11111111111111111111111111111111111111111111111111111111111111 np�m;n:IRWWu gwlYIiIIVVIIIP�4'�4'iiuiol� lu�ddl����u,II",��”mmi��d��°IWutl�IlulululRui�II11M�1��9�, I ���iY��� l'il'110011111111111P.101111111111111 1111111 1111110 VIIII 'of 187 ! k�m�rry r,„ire�III IIY1N 11111.0 1111'141111111 )111 m !ql ,ila'd:' Ipl IV I vm I m, r PYa�ai!h�'aY� I IIY¢ uluI ; � YIIIIII �I I �I�PI�'I hroN �I11i1 Q '� I 111 Page 39 of 187 11111111111111111111111, \i ' 11400.1',0o \: \ S�illWAw �(..1..!1; � / � «, \1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 9zw�! "014111:11,100,010,00,0„„,,,„,caloo11111111110001110 Page 40 of 187 SITE PLAN CITY OF WATERLOO 45 E. AIRLINE HWY 12-18-18 204' 318'-4 5/16 u::X5rfiNO BLDG 129' ExSOSD1NG BLDG WOOD DE: CK t6o' 96'-4 5/16" f" BL..0}(:; -15- 0 204' E. AI h L. 11, ,1 i H Page 41 of 187 45 East Airline Highway — Rezone from R-1 to C-2 Looking at 31 East Airline Highway. i uo iliiNuulupuiJuY111111111V!°! UlUl,rl )).,,,''. II[1 [-,['i,� Looking west along Airline Highway toward Logan Avenue/US Highway 63. Looking from Airline Highway to the existing house. aI�O10lllllllll�ll��°u, Looking toward the northwest from the front entrance of the house. Page 42 of 187 4,4400**4 4.4 H Looking northwest from behind the house. Il W;. 0111111111.... wir"" am ti Looking northeast from the front of the house toward proposed garage location. Looking northeast toward existing home on Looking northeast where ground is being the lot. graded. Page 43 of 187 The East 204 feet of the West 369 feet of the South 363 feet of the Southwest Quarter of Section No. 1, Township No. 89 North, Range No. 13, West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, except that part thereof conveyed to the City of Waterloo, Iowa, in 546 LD 790. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Page 44 of 187 CITY OF WATERLOO Council Communication Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check in the amount of $300 to Kwik Stop #3, 1104 Washington Street, Waterloo, Iowa, for sale of tobacco to minor -first offense. City Council Meeting: 1/28/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date i eg,al Even, LeAnn Approved I /24/20 I 9 2:55 1> N SUBJECT: Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check in the amount of $300 to Kwik Stop #3, 1104 Washington Street, Waterloo, Iowa, for sale of tobacco to minor -first offense. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Page 45 of 187 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with American Steel, LLC to allow for the installation of a 12 foot 6 inch long metal I-beam that is 6 feet 6 inches in height with custom fabricated lettering to encroach within a 16 foot utility easement and 3 feet 6 inches into the city right-of-way at 735 Ansborough Avenue, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/22/2019 REVIEWERS: Department Zoning :Sl Zoning// t rt &.(.sorbing Clerk. Office ATTACHMENTS: Description D City Cowie l SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Arie H yberger ;eth Schroeder, A.ric 1;vern, l:,eAnn. Action Rejected Appanoved Apprrived. April ved. Type up Material Date 1/22/2 1122/201.9 1/23/2019 1123/2019 5:49 P.M 6:58 PM. 10:24 AM 12:37 PM Resolution approving an Encroachment A. Bement with American SteeL LLC to allow for the installation of a 12 foot 6 inch long metal I-beam that is 6 feet 6 inches in height with custom fabricated lettering to encroach within a 16 foot utility easement and 3 feet 6 inches into the city right-of-way at 735 Ansborough Avenue, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Resolution approving an Encroachment Agreement with American Steel, LLC to allow for a freestanding movable sign 7' west of the building at 735 Ansborough Avenue, between the road and the building within a utility easement and city right-of-way. The sign consists of a 12' 6" long metal I- beam that is 6' 6" in height with custom fabricated lettering. The sign is not affixed to the ground and can be moved by the owner at a moment's notice. The resolution approving the Encroachment Agreement would not appear to have a negative impact on traffic or pedestrian conditions in the area as the sign would not impede visibility of traffic along Ansborough Avenue. There are no sidewalks located along the property, however there is sidewalk located on the opposite (west) side of Ansborough Avenue. The applicant could place a sign south of the building and not located within the easement, however this would require the sign to be located within the applicant's equipment yard and parking lot. If the sign were placed there it would be less visible to motorists traveling on Ansborough Avenue. Page 46 of 187 Summary Statement: The applicant was previously recommended for denial by the Planning and Zoning Commission on December 3, 2013 to place a permanently affixed sign within the utility easement. This sign is different because it can be moved at a moment's notice and is not permanently affixed to the ground. It should also be noted that the Planning and Zoning Commission recommended approval for an encroachment agreement to place a sign within the same utility easement at 721 Ansborough Avenue on September 19, 2016. The proposed sign is currently located within the utility easement and City right-of-way. The resolution approving the Encroachment Agreement with American Steel, LLC will allow the sign to remain at its present location. The Technical Review Committee noted that the existing sign is extremely heavy and could not guarantee that the sign would not be damaged in the event it had to be moved during an emergency sewer line break. At the January 8, 2019 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 1.3: Implement a comprehensive business retention and expansion program. Lots 31, 32, 33, 34, 35 and 36 in First Addition to Galloway in the City of Waterloo, Iowa except those parts of said Lots conveyed to the City of Waterloo in 604 CLD 377. Page 47 of 187 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: January 28, 2019 Resolution approving an Encroachment Agreement to install a 3' X 2' (6 SF) no parking sign with a 1.85 SF US Bank Logo that extends approximately 10' into the public right-of-way, located at 425 Cedar Street. US Bank, 222 Second Avenue, Cedar Rapids, IA 52401 Resolution approving an Encroachment Agreement to install a 3' X 2' (6 SF) no parking sign with a 1.85 SF US Bank Logo that extends approximately 10' into the public right-of-way, located at 425 Cedar Street. The resolution for approval is not anticipated to negatively impact the surrounding neighborhood or land use. US Bank is requesting to have a no parking sign placed in the right-of-way to assist them with preventing the public from using their private parking lot which is reserved for customers and employees. The request will not have a negative impact upon pedestrian or traffic conditions in the area. This request will have no impact on trails or recreational opportunities within the immediate vicinity of the encroachment area. The site is 1,100 feet away from the 218 Trail and 1,200 feet away from the 6th Street Trail. The US Bank at 425 Center Street is zoned "C-3" Commercial District, and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — "C-3" Commercial District, the RiverLoop Amphitheater. South — "C-3" Commercial District, Office Buildings. East — "C-3" Commercial District, Office Buildings. West — "C-3" Commercial District, the RiverLoop Expo Plaza. The adjacent surrounding area is mostly comprised of office buildings, and city recreational areas. No buffers or additional screening is needed with this request. The proposed project would have no impacts to local drainage. The US Bank at 425 Cedar Street is located in Zone X (Protected by Levee), as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013C and Panel Number 0302F, dated July 18, 2011. East High is located % of a mile north from the encroachment area and the River Loop Amphitheater is only 100 feet to the north as Encroachment Agreement — 425 Cedar Street pgDge48f 6f 187 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: January 28, 2019 well. There is a 15" sanitary sewer main and 18" storm drainage main located underneath Cedar Street, but they are not located in the immediate vicinity of the proposed no parking sign. There are also no water mains in the encroachment area as well. The Future Land Use Map designates the majority of this area as Commercial. Land to the south, east, and west is designated Commercial as well. Land to the north is designated as Parks, Open Spaces, Schools, Airport, Government Facilities, and Public Areas. This project is in conformance with the future land use map and the comprehensive plan. The applicant proposes to install a 3' X 2' (6 SF) no parking sign with a 1.85 SF US Bank Logo that extends approximately 10' into the public right-of-way. The Waterloo Zoning Ordinance Chapter 26 "Outdoor Advertising Signs and Billboards" prohibits post signs from being placed in the public right-of-way. Approval of the encroachment agreement will allow for the 3' X 2' (6 SF) sign to be installed. One of the conditions of the encroachment agreement is the applicant will be responsible for replacing such sign in the event the City of Waterloo requires access to the City right-of-way. An encroachment agreement would need to be signed and executed in order for the applicant to install a 3' X 2' (6 SF) post sign in the public right-of-way. The Planning and Zoning Commission unanimously approved the Encroachment Agreement request at their regular meeting on December 4, 2018. There is no platting required for this request. Therefore, staff recommends that the request for approval of an encroachment agreement at 425 Center Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. The sign only extends 10' into public right-of-way. 2. The approval of the encroachment agreement shall have minimal to no impacts on City utilities due to the fact that they are located underneath Cedar Street and not within the immediate vicinity of the proposed sign location. And subject to the following condition(s): 1 A signed and executed encroachment agreement with the owner indicating the 3' X 2' (6 SF) sign may have to be removed and replaced at the owner's expense in the event Encroachment Agreement — 425 Cedar Street PgDgL9f 6f 187 Encroachment Agreement — 425 Cedar Street January 28, 2019 the City needs access to the public right-of-way. pgDgeg9f6f 187 Waterloo City Council January 28, 2019 735 Ansborough Avenue Sign Encroachment Agreement American Steel Company Page 61 of 187 Waterloo City Counci January 28, 2019 AuilyiY�u.";I41'e'I�vdW!'�ah14Wr�lN 1111111,1111111111111111 t: .la 0011100111111111 �u I upll I,�I vN�oi iil�,aWi rJllu 735 Ansborough Avenue Sign Encroachment Agreement American Steel Company Page k of 187 Exhibit "A" Encroachment Agreement Area 12.5' X 5' 735 Ansborough Avenue Encroachment Agreement American Steel Page h of 187 Encroachment Agreement — 735 Ansborough ,m�i11,;,w11 p�1�� all tiI,IJUJIIV�iII p1RaII �Ii ,,11111111 III . it I'IIVdk 11'1,1111,11' 'IhGV"roXUlmm 00tlYfimiii111111111111111111111111 1J10.1+11 ...,. 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Looking northwest at the sign and the building. gyd 11ui411111111111 111111' aR ipiNlVli" J���,I�Ii�IlNllllj V �I ipfi'111111 1 n M NII 111111 III 111, o1 111111111111111111111111, Irv,. yes I1u 'fl N �w:r' �1l Nru '�iiiuil' , �0 1A`p' I N„ N111111111111111111111111111111101001,1,11,1,1141 11,11111101111,111111111111 vol1111111111111111111 11111111111111111111111111 fir' m1 q wl uV 1111011111111. 11 111111111111111101111111111 I11111i1"" "11 Illll lull u IIIIIIIIIIIIIII ul uV lUl11110,14 111'I� I'"' 11 VIII l � �N )111111IfJJ III ( I ,,,,�p1II111111NIIopllllulpllUll(P 11 , II IIIIIIIG��I�IV IIIIIlII1iiiIIIII!1!„„,ii„,...11lmu ,f , II �, �1II fI�uuumlllllllE N g� 111r���Nl IINIIII� � IIlhllIIIVuI , 111111 11111mallN 11 IIIIIuI uuuu I1 .�„IIIIIIIIIIIIIIIIIlluI 1.i11I�� III�� ��'°11,��, I� 0110�k��flPIIIIfI�lulmm„na1w111���rualla�mllliurr11111u1ri�ll$flVN �IY�IIf�11YV muq IIINIt VII II1;1,1,11,1111111111,11LI 11111�1I((,�YVNI1p411111,111�11111u,iull,,»,,I.u.VullI.I11If1IB1��lII�1I�I 1!1II��I111 �1',1I IYlIIulluQ111,ugtII b II Iui1 y llllllllllQIlff lu l�uN »p ,4111:, IA111111111uuauIllui01.1.1„001,11.40.;„(11( Ii 1 00 ,,finI�1111 10, n)ii11111NNIil1„I0Nlc I4 11 ”u. Illl�mll Looking north at the sign. iii) ��Il�lp 'iiiiY(((l 01111111lliliillllllll +u,luw �.pJyil .�I�,11 Page g4 of 187 01 000 If'I�'nl"''II'iiYitiIIIIIIIII ��� IIIIIGIIIIhll�lllY„"omllly0011110ll IuuY'do ����Illjlilll�llllll Air ll I�uu p''"Ild dllY .1.0.011111111110111111111111111 Im �ii, V dIIIVi,w'imlrt�rv'v�'liyjvjib�av�'IVIi�ili�1YIVIp�i'�I�,�II,II� �llllllllllllllllllll�l��I'�'C''ryh'�" I. r ciM04 ,1�lllllll001100 �rvu�;�� mmi ''I111Illlllllllllllmll000W ':1:111!1!1,111111111111111111,111111::,,H' lllllillllll,,,,uiiiuu' diiliipu,,„miiiiullll u101111IVIlIglVllll'i' 11111 g0(1 u1Vullll J� ',w„pal YY, „ l m r1111"11,1,,,11111111,1,1,1,1,1,1,1„„1,1III Iloloii°III0 ,!, Page g5 of 187 Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between American Steel, LLC, hereinafter "American Steel", and the City of Waterloo, Iowa, hereinafter "City" this day of , 2019. WHEREAS, American Steel is the owner of real estate commonly known. as 735 Ansborough Avenue, Waterloo, Iowa 50701 and legally described as Lots 31, 32, 33, 34, 35 and 36 in First Addition to Galloway in the City of Waterloo, Iowa except those parts of said Lots conveyed to the City of Waterloo in 604 CLD 377, hereinafter "American Steel Property"; and WHEREAS, American Steel is proposing to construct and maintain a sign that will consist of approximately a 12' X 6" long metal I-beam that is 6' 6" in height with custom fabricated lettering and logo attached, hereinafter "Sign" that encroaches into a 16' utility easement, hereinafter "Easement," and 3' 6" into City Right of -Way, hereinafter "Right -of -Way"; and WHEREAS, American Steel is requesting to allow said encroachment within said "Right -of - Way" and "Easement" as shown on the attached Exhibit "A" hereinafter "Encroachment Area"; and WHEREAS, the City is willing to allow said Encroachment Area as shown on attached Exhibit "A", subject to the following agreement regarding each party's rights. 1. American Steel hereby recognizes and reaffirms, said Right -of -Way and Easement. 2. The City grants American Steel the right to place and maintain said Sign in said Right -of -Way and Easement as shown on attached Exhibit "A", subject to the rights of the City and/or any agency to which the City has granted a utility franchise or Right -of -Way License Agreement to and for access over, under and upon said Right - of -Way and Easement, expressly recognizing and acknowledging that any damage that occurs to said Sign will be the sole risk and expense of American Steel including moving or replacement expenses. In the event that the City andlor any agency to which the City has granted a utility franchise or Right -of -Way License Agreement needs said Sign to be temporarily moved for access to said Encroachment Area, American Steel shall move said Sign if present and able, otherwise the City of Waterloo andlor any agency to which the City has granted a utility franchise or Right -of -Way License Agreement shall be authorized to move said Sign and assess any costs for removal against American Steel, or American Steel Property. this agreement American Steel authorize the City o 'Waterloo to remove said Sign and assess costs to American Steel, or against American Steel Property. 4. American Steel shall protect, defend, indemnify, and hold harmless the City and its successors and assigns and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or Right -of -Way License Agreement from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance, or removal of said Encroachment, including, but not limited to any damage to said Right -of -Way or Easement or said Sign. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. In WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized offices as of the date first set forth above. STATE OF COUNTY OF ) SS. City of Waterloo By: Quentin Hart Its: Mayor Attest: Kelley Felchle, City Clerk On this day of , 2019 before me, the undersigned, a Notary Public in and for the State of1.L , Paul eal, personally appeared to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. 11 TRAC1A S ROSS COMMISSION NO. 811963 MY COMMISSIQN EXPIRES STA I E OF IOWA COUNTY OF BLACK HAWK ) SS. rIrl 1 • Notary PubliF,, Exhibit "A" Encroachment Agreement Area 12.5' X 5' 735 Ansborough Avenue Encroachment Agreement American Steel Page1518 of 187 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with US Bank to install a 6 square foot no parking sign, with a 1.85 square feet US Bank Logo, that extends approximately 10 feet into the public right-of-way, located at 425 Cedar Street, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/22/2019 REVIEWERS: Department inp? Zo ninng & Zoning Zoning t"Ilerk Office ATTACHMENTS: Description D ( ty Q SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Ar. c pybergen Seth Schroeder, A.ric Li ten, 1.TeAn:n Action 1 peened Awed. Approved Approved Type Ower Memo Date 1/22/2019 1/22/2019 1/23/201 q ... 10:26 AM 1/23/2019 12:41 1.D M Resolution approving an Encroachment Agreement with US Bank to install a 6 square foot no parking sign, with a 1.85 square feet US Bank Logo, that extends approximately 10 feet into the public right-of-way, located at 425 Cedar Street, and authorize the Mayor and City Clerk to execute said do cument. Submitted By: Noel Anderson, Community Planning and Development Director Approval The request is not anticipated to negatively impact the surrounding neighborhood or land use. US Bank is requesting approval of an Encroachment Agreement to have a no parking sign placed in the right-of- way to assist them with preventing the public from using their private parking lot which is reserved for customers and employees. The US Bank at 425 Center Street is zoned "C-3" Commercial District, and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — "C-3" Commercial District, the RiverLoop Amphitheater. South — "C-3" Commercial District, Office Buildings. East — "C-3" Commercial District, Office Buildings. West — "C-3" Commercial District, the RiverLoop Expo Plaza. The Waterloo Zoning Ordinance Chapter 26 "Outdoor Advertising Signs and Billboards" prohibits post signs from being placed in the public right-of- way. Approval of the encroachment agreement will allow for the 3' X 2' (6 Page 59 of 187 SF) sign to be installed. One of the conditions of the encroachment agreement is the applicant will be responsible for replacing such sign in the event the City of Waterloo requires access to the City right-of-way. An encroachment agreement would need to be signed and executed in order for the applicant to install a 3' X 2' (6 SF) post sign in the public right-of- way. The Planning and Zoning Commission unanimously approved the Encroachment Agreement request at their regular meeting on December 4, 2018. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 1.3: Implement a comprehensive business retention and expansion program. DESCRIPTION: REMAINDER PROPERTY A PARCEL OF LAND SITUATED IN PART OF LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1, AND PART OF VACATED CEDAR STREET LYING NORTHEAST OF LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1, AND PART OF VACATED 3RD STREET LYING NORTHWEST OF LOT 5, IN BLOCK 1, ALL IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF SAID LOT 1, WHICH IS 40.00 FEET NORMALLY DISTANT NORTHEAST OF THE SOUTHWEST LINE OF SAID LOT 1; THENCE NORTH 48^ (DEGREES) 57' (MINUTES) 19" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON A LINE THAT IS 40.00 FEET NORTHEAST OF AND PARALLEL WITH THE SOUTHWEST LINE OF LOTS 1, 2, 3, 4 AND 5 IN BLOCK 1 OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, AND ITS EXTENSION NORTHWESTERLY, 307.21 FEET; THENCE NORTH 41^02'41" EAST, 185.00 FEET TO A LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF FRACTIONAL BLOCK 1 OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO; THENCE SOUTH 48^57'19" EAST ON THE LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF SAID FRACTIONAL BLOCK 1, A DISTANCE OF 307.63 FEET TO THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE SOUTH 41^10'27" WEST ON THE PRESENT Page 60 of 187 NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, ALSO BEING THE SOUTHEASTERLY LINE OF SAID LOT 1 AND ITS NORTHEASTERLY EXTENSION, 185.00 FEET TO THE POINT OF BEGINNING. CONTAINING 56,873 SQUARE FEET, OR 1.31 ACRES. Page 61 of 187 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: January 28, 2019 Resolution approving an Encroachment Agreement to install a 3' X 2' (6 SF) no parking sign with a 1.85 SF US Bank Logo that extends approximately 10' into the public right-of-way, located at 425 Cedar Street. US Bank, 222 Second Avenue, Cedar Rapids, IA 52401 Resolution approving an Encroachment Agreement to install a 3' X 2' (6 SF) no parking sign with a 1.85 SF US Bank Logo that extends approximately 10' into the public right-of-way, located at 425 Cedar Street. The resolution for approval is not anticipated to negatively impact the surrounding neighborhood or land use. US Bank is requesting to have a no parking sign placed in the right-of-way to assist them with preventing the public from using their private parking lot which is reserved for customers and employees. The request will not have a negative impact upon pedestrian or traffic conditions in the area. This request will have no impact on trails or recreational opportunities within the immediate vicinity of the encroachment area. The site is 1,100 feet away from the 218 Trail and 1,200 feet away from the 6th Street Trail. The US Bank at 425 Center Street is zoned "C-3" Commercial District, and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — "C-3" Commercial District, the RiverLoop Amphitheater. South — "C-3" Commercial District, Office Buildings. East — "C-3" Commercial District, Office Buildings. West — "C-3" Commercial District, the RiverLoop Expo Plaza. The adjacent surrounding area is mostly comprised of office buildings, and city recreational areas. No buffers or additional screening is needed with this request. The proposed project would have no impacts to local drainage. The US Bank at 425 Cedar Street is located in Zone X (Protected by Levee), as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013C and Panel Number 0302F, dated July 18, 2011. East High is located % of a mile north from the encroachment area and the River Loop Amphitheater is only 100 feet to the north as Encroachment Agreement — 425 Cedar Street PgDge62f6t 187 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: January 28, 2019 well. There is a 15" sanitary sewer main and 18" storm drainage main located underneath Cedar Street, but they are not located in the immediate vicinity of the proposed no parking sign. There are also no water mains in the encroachment area as well. The Future Land Use Map designates the majority of this area as Commercial. Land to the south, east, and west is designated Commercial as well. Land to the north is designated as Parks, Open Spaces, Schools, Airport, Government Facilities, and Public Areas. This project is in conformance with the future land use map and the comprehensive plan. The applicant proposes to install a 3' X 2' (6 SF) no parking sign with a 1.85 SF US Bank Logo that extends approximately 10' into the public right-of-way. The Waterloo Zoning Ordinance Chapter 26 "Outdoor Advertising Signs and Billboards" prohibits post signs from being placed in the public right-of-way. Approval of the encroachment agreement will allow for the 3' X 2' (6 SF) sign to be installed. One of the conditions of the encroachment agreement is the applicant will be responsible for replacing such sign in the event the City of Waterloo requires access to the City right-of-way. An encroachment agreement would need to be signed and executed in order for the applicant to install a 3' X 2' (6 SF) post sign in the public right-of-way. The Planning and Zoning Commission unanimously approved the Encroachment Agreement request at their regular meeting on December 4, 2018. There is no platting required for this request. Therefore, staff recommends that the request for approval of an encroachment agreement at 425 Center Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. The sign only extends 10' into public right-of-way. 2. The approval of the encroachment agreement shall have minimal to no impacts on City utilities due to the fact that they are located underneath Cedar Street and not within the immediate vicinity of the proposed sign location. And subject to the following condition(s): 1 A signed and executed encroachment agreement with the owner indicating the 3' X 2' (6 SF) sign may have to be removed and replaced at the owner's expense in the event Encroachment Agreement — 425 Cedar Street PgDgL 83f 6f 187 Encroachment Agreement — 425 Cedar Street January 28, 2019 the City needs access to the public right-of-way. pgDgeO4f6f 187 Waterloo City Council January 28, 2019 425 Cedar Street Enroachment Agreement for Sign US Bank Page 645 of 187 Waterloo City Counci January 28, 2019 MgIVIIIINl11111II„„, ,11111 »», 1 �Irtl dull 'iiiiiliiiiii 111 P�uulrllllll Illwu rr111111111f(pI/ Q _- fgIIIIIIIIIIIIIUTJJJIV duu01gllllll,l I r II)IIIII`I nI� P uuuuuuiii' y »� IVnpll ! � �u lill� Aull; V�ii�� llllf�lill 1 i114`I Il jIN Li) Ih IV )r II(I"'�up, 11))011)'$)1'1'°1, Ih mol '1,1,lllllll �4uullllllllii JII I,,,,,;Ilhli llllll NJJ:t Iu111f�IM� ” IIIII�IIII uum� Ilef111111 IIID Io0/iiiiuuuuuu I pq IJlJI�f IIII(” ' � r, uun,,,,„ILIN gl�ti .11 LLLLLI..„, ur+luuullln; III wl mlulmlp III» 1 +IIII hn'rP„ II)i ulll�l QP,IuuuIIIIII Property in Question �f1)1,011111,1,,,I,111111' �uuulaouupl " uuuupuuuumuunum ) W � IIIIII 1 ° 1,„IIIIIIIIIII �I,l JIIIII� Aal Itlllllllul^Ilrrrrrrllarrr «;� u LLPLMI111111111""""" �q °°1°4(°(11°'' )l�ll(h1 !),Illfl � '+11111 1)�II1Illill IIIIIIIII +IIII Id !+(III III ((1'IIII11 III(161n i I uuuuuuu°°I �w I'il r rrr I� ii��l 11uum°UI 111'pl��l l 11 »'iliMl�l�lllllllllll f���J e III�NIIIIIIIk Ir. JLLIILJ Y'�Illuuuuu IlVd1 v » )1!' ‹C‘ fll,p wuuiuY141�1 1 6v / g+llllllllll zN I° 11111 Illllllllu IyIIIIIIIII VIiu + »IIII luw iipiUduullllllll AMY ""„ AIS"',�iliiillllllll�l+lll �llll Mllllllllll uV�"ttttttttttttttr unnm IIII I lu��� wry)) ,1�II wul�llliiiiiiiiil�Ir�ll�11IIIIIJl111 liiiiiiiilillilllllll �� IIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIII ryRlrl(�IIIIIIIIIIIIII ILL ,ulllullllllltjjhllllllll������1111�1111111JJJJ II II 1,,,,1,»111,1» � .au 425 Cedar Street Encroachment Agreement for sign on City Right -of -Way US Bank Page t6 of 187 yRY° 1IUaiI�llli�i r,' rra l gll�!!!IIIII" � Encroachment Agreement 425 Cedar 00°;'lJJI/r111111111111111111111111111111 VMJ)uIIIIII11pIUUIIIUIIIIIIIII1I11111YIhluilgq1 puuumm ,,,,,uhd Looking north along Cedar toward where the proposed sign would go. •.',..1.).1.1.1J.11111111111111 ��l ��ii;" 1111 111111111 u i IWIIINIIII;; fN'�ii;11111111111111111'11"11'111101101111111111(i YNI1111111111111111nr11i11nr P IVIS lIInV l�I voulutI 111111111111, {nv1In 1fiBl11im11ll1 uuuuuuliihIilYN(Il111l11 IIi �11111111111111111111111l ll1�11,11111111 II 1111111111111111 11111111 u 11111110 11111111 i °V//IIIIIBNN Iv,y�v hJi PYunvini aaa Looking northeast toward the proposed location of the sign. Page 67 of 187 WATERLCM' 1020 Wilbur Ave. PO BOX 2098 Waterbo. SA 50704 319-233.4604 . 800.728.4604 Fat: 319-233-7514 MARSHALLTOWN 605 Iowa Ave. West Marshalltown. IA 50158 642-752-6608 888-656-7446 Fat: 641-752-6968 PROJECT US BANK LOCATION WATERLOO, IA BRIAN BUSS mama HMF 8-21-18A 1"=l'O' US BANK/8-21-18A.FS 1 2 3 4 =A IliteGGINAGOKAL SIGN Assouxncat CLIENT APPROVAL SIGNATURE/DATF PARKING ONLY VIOLATORS WILL BE TOWED AT OWNERS EXPENSE COPYRIGHT 2017 -THIS ARTWORK IS PROPERTY OF NAGLE SIGNS INC. AND MAY NOT BE REPRODUCED. THIS RENDERING IS FOR REPRESENTATiONAL PURPOSES ONLY coicr output may not be exact when viewing or printing this drawing. if these colors are incorrect, please provide the correct PAIS match & the revision will -_be made. 7 Page 68 of 187 7777,777777777777, rrrVlfll'�I�llli �IIh�VIl� J7LII rl(77g1llll7711(. VII�,IP II uuuuutl)w II�V��� I)IU�nIW �INIIII ILII 'a�llllJflli� � M "w,. r�d11���111 �fll�lllll� � 'lll�lllllllll�11( "uiil' III " VI Illllllllllllllllp } ; AI 1,,,Nilp� !f IlliillJllllllll��llilllili'`, r 111111111111111111111111111111111 rlglll1111" kop 77)77, 11 4 (1711 m7.. 11 7777717 I y„ pr ,'ayllIIIIIII )//// f'fV IVIIIIm 11Ino. I1r 4IN4 // re ff .ii I �d r y11ii"u�y1; p'411111 MII�IIIIIIIII tri ^ 'll o"''y III IIIIIIIIIIIIIIIIIIIII �", City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ® Offer to Vacate and Purchase City Right -of Way kritequcst to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement • Sale of City -Owned Property � . Applicant: 5. a � l�' Address: c1156.Dar 5-4 .. Phone No.: Ej5. 3 1/ Ct-G ✓ loos General Description of Property to Vacated (i.e.- alley between A St. & 13 St., South ofC St.): Qrea, bei uye €.4.1 Legal description of area to he conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation One Hundred Severity Five. Dollar (5 1 75.00) Filing Fee. • Easement or sidewalk vacation - Seventy Five Dollar (575.00) Filing Fee C) Encroachment -- One Hundred Dollar (5100.00) Filling Pec • Sale of city -owned property not required to be vacated - No Fee • Any request not meeting the Sale of Property Policy -One Hundred Dollar (5!00.00) Pee 2. Offer Price*[Note: lithe offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.) • Asking price (see attached Sale of Property Policy for how calculated): • Deductions e May decrease price by 50% for arca located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs. (8 yrs inside of the CURA): • Costs (surveying & mise„ demolition, remove of curbs, etc): Asking price- Deductions = Value ofProperly: Offer Price for Entire Area: Note; The above information is a summary of the Sale of Property Policy (see attached). A11 requests to vacate and purchase. City right•of way must be accompanied by a sighed "Intent to Vacate" fonii for each abutting property to the area to be vacated, Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council, Any such applicant shall need to request review to Building and Grounds through a City Council member, 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following casement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated i f the request involves additional construction as the reason for the request. Date *Not required for casement vacates sidewalk vacates or Encroachment Agreements Page O of 187 Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between U.S. Bank National Association, successor in interest to Mercantile Bank of Northern Iowa, hereinafter "US Bank", and the City of Waterloo, Iowa, hereinafter "City" this day of , 2019. WHEREAS, US Bank is the owner of real estate commonly known as 425 Cedar Street, Waterloo, Iowa 50701 and legally described as Exhibit "A", hereinafter "US [lank Property"; and WHEREAS, US Bank is proposing to construct and maintain a 3' X 2' (6 SF) sign, hereinafter "Sign" that encroaches 10' into the public right-of-way, hereinafter "right-of-way"; and WHEREAS, US Bank is requesting the City to allow said Sign within a portion of said right-of- way as shown on the attached Exhibit "B" (hereinafter the "Encroachment Area") and WHEREAS, the City is willing to allow said Sign to encroach into said Encroachment Area described above, subject to the following agreement regarding each party's rights. 1. US Bank hereby recognizes and reaffirms, said right-of-way and claims no rights or privileges therein except to the limited extent provided in this agreement. 2. The City grants US Bank the right to place and maintain said Sign in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said right-of-way, expressly recognizing and acknowledging that any damage that occurs to said Sign will be the sole risk and expense of US Bank, including repair, removal, moving, or replacement expenses, unless caused by City's negligence or intentional acts. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs said Sign to be temporarily moved fbr access to said right- of-way, US Bank shall move said Sign if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to remove said Sign and assess any costs for removal against US Bank, or US Bank Property. 3. The term of this agreement shall be for so long as said Sign is Enaintained by US Bank, and said Sign continues to exist, and that this agreement shall automatically terminate if said Sign is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the US Bank Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to US Bank and that US Bank agree to remove said Sign prior to the end of the 60 days notice and termination of this agreement. The City will provide just cause to US Bank if the sign is to ever be removed. If US Bank fails to remove said Sign upon termination of this agreement US Bank authorize the City of Waterloo to remove said Sign and assess costs to US Bank, or against US Bank Property. r Pagel -P1 of 187 4. US Bank shall protect, defend, indemnify, and hold harmless the City and its successors and assigns and .their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License .Agreement from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance, or removal of said Sign, including, but not limited to any damage to said right-of-way or said Sign. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terns of this agreement, In WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized offices as of the date first set forth above, Mary o loy, Vice President/ Facility Manager City of Waterloo By: Quentin Hart its: Mayor U.S. Bank National Association Attest: tarry (3. Morgan, Senior' Vice President Kelley Felchle, City Clerk STATE OF COUNTY OF ) SS. On this " day ofS,IAL4.4„r4 201 -8 -before mc, the undersigned, a Notary Public in and for the State of.73,, , Mary E.' Molloy personally appeared to me known to be the identical person named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. STATE OF t COUNTY OF 5J1Y7() SS. On this 1) --""day of , 2018 before me, the undersigned, a Notary Public in and for the State of 61,,„.;i"„0 , Larry (3. Morgan personally appeared to me known to be the identical person named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and decd. ANN D. BARRON Commission No, 72/19W y Comm. Expiresig,t411 STATE OF IOWA COUNTY OF BLACK HAWK ) SS, Notar ublic A ... JACOB BAILEY Notary Public, State of 01"40; Corm, Expires Mar, 27, 202 This instrument was acknowledged before me on this day of , 2018 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public Pagelh of 187 "Exhibit A" DESCRIPTION: REMAINDER PROPERTY A PARCEL OF LAND SITUATED IN PART OF LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1, AND PART OF VACATED CEDAR STREET LYING NORTHEAST OF LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1, AND PART OF VACATED 3RD STREET LYING NORTHWEST OF LOT 5, IN BLOCK 1, ALL IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF SAID LOT 1, WHICH IS 40.00 FEET NORMALLY DISTANT NORTHEAST OF THE SOUTHWEST LINE OF SAID LOT 1; THENCE NORTH 48^ (DEGREES) 57' (MINUTES) 19" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON A LINE THAT IS 40.00 FEET NORTHEAS'I' OF AND PARALLEL WITH THE SOUTHWEST LINE OF LOTS 1, 2, 3, 4 AND 5 IN BLOCK 1 OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, AND ITS EXTENSION NORTHWESTERLY, 307.21 FEET; THENCE NORTH 41^02'41" EAST, 185.00 FEET TO A LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF FRACTIONAL BLOCK 1 OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER 1N THE CITY OF WATERLOO; THENCE SOUTH 481'57'19" EAST ON THE LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL. WITH THE SOUTHWEST LINE OF SAID FRACTIONAL BLOCK 1, A DISTANCE OF 307.63 FEET TO THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE SOUTH 411'10'27" WEST ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, ALSO BEING THE SOUTHEASTERLY LINE OF SAID LOT 1 AND ITS NORTHEASTERLY EXTENSION, 185.00 FEET TO THE POINT OF BEGINNING. CONTAINING 56,873 SQUARE FEET, OR 1.31 ACRES. Page1'3 of 187 EXHIBIT "B" Page14 of 187 CITY OF WATERLOO Council Communication Resolution approving an Easement Agreement with BCS Properties, LLC to dedicate an additional 10 foot utility easement to allow for the extension of utilities adjacent to Foundation Drive, a new street to be constructed north of West Ridgeway Avenue and east of Highway 63, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department 1° not➢➢r➢'n➢➢,or➢_nrnx Clerk: Office ATTACHMENTS: Description D A.gPfeein_enV and SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer Schroeder, Ar.c EverL •Lef�nll:nn Action Approved Approved Type Coven Merno Date 1/23/2019 ... 1/23/2019 ... Resolution approving an Easement Agreement with BCS Properties, LLC to dedicate an additional 10 foot utility easement to allow for the extension of utilities adjacent to Foundation Drive, a new street to be constructed north of West Ridgeway Avenue and east of Highway 63, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by the City of Waterloo to accept an easement agreement with BC S, Properties, LLC to dedicate an additional 10' utility easement to allow for the extension of utilities along the west side of proposed Foundation Drive. Originally, the applicant proposed a 60' right-of-way for Foundation Drive, but now they want a 70' right-of-way to allow for better semi -truck movements accessing the proposed Casey's General Store at the northwest corner of Foundation Drive and West Ridgeway Avenue. The initial plat showed a 15' easement along the east property line of Lot 1 of Village West 2nd Addition, so since the widened right-of-way will take up 10' of the previous easement, the additional 10' of easement is also needed to be dedicated to provide adequate room for utilities to serve the development. Therefore, staff is recommending approval of the easement dedication to allow for the new utilities to be extended to serve future development and the proposed convenience store. None Page 75 of 187 Source of Funds: N/A Policy Issue: Land Use and Economic Development Legal Descriptions: See attached. Page 76 of 187 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into by and between BCS Properties, LLC ("Grantor") and the City of Waterloo, Iowa ("City"). WHEREAS, Grantor is the owner of real estate legally described as: Lot 1, Village West 2' Addition, City of Waterloo, Black Hawk County, Iowa ("Grantor Property"). WHEREAS, City wishes to be granted an easement on the west 15 feet of the east 25 feet of Grantor Property for the right to construct, maintain, and repair utilities. NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Grant of Easement. Grantor does hereby grant and convey to City, its successors and assigns, a perpetual easement for the erection, laying, building, and maintenance of a utilities over, across, on and/or under the west 15 feet of the east 25 feet of Grantor Property more particularly shown on the attached Exhibit "A" ("Easement Premises"). City agrees that all provisions of the Waterloo Code of Ordinances, including without limitation the Waterloo subdivision ordinance, relating to dedication of easements for a utilities are applicable and binding on City. Page 77 of 187 2. Construction. City will be responsible for any erection, laying, building, and maintenance of the utilities. Upon completion of construction of the utilities, City will take reasonable steps to restore the Easement Premises to its original condition that existed prior to the construction of the utilities. 3. Running of Benefit and Burdens. All the provisions of this agreement, including the benefits and burdens, run with the land and are binding on and adhere to the benefit of the heirs, assigns, and successors of the parties. 4. Indemnification. City agrees to defend, protect, indemnify and hold harmless Grantor and its officers, employees, agents, and assigns, from and against all claims, demands, liens, costs, losses, expenses and liabilities of any kind, including attorney's fees, arising out of or resulting from or related to the construction, installation or maintenance of the utilities. 5. Miscellaneous. (a) This Agreement shall be constructed, construed, and enforced in accordance with the laws of the State of Iowa. (b) This Agreement sets forth the entire understanding of the parties and no terms, conditions, or warranties other than those contained herein and no amendments thereto shall be valid unless made in writing and signed by the parties hereto. (c) This Agreement is subject to approval and acceptance by the City Council of the City. BCS Properties, LLC By: Brent Dahlstrom Its: Manager Attest: Cut City of Waterloo, Iowa By: Quentin Hart Its: Mayor Page 78 of 187 State of Iowa Bl.ack Hawk County ss. This record was acknowledged before me on this day of , 2019, by Brent Dahlstrom, as Manager of BCS Properties, LLC. State of Iowa Black Ha.wk County ss. Notary Public This record was acknowledged before me on this day of , 2019, by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 79 of 187 PLAT OF SURVEY PUBLIC UTILITY EASEMENT "RTA1175W PWRstliCTOW ,..8C•00VEri, r4611"ElArtrel -6"r ricin c'nr stipqrcrsorFA-FTEue,(, AESPOND TO JEREMY HARRIS iNgpc LEGEND P N COT 1oF vu-7-71WMIND7CMITION":""" cITY OF WATERLOO, BLACK HAWK COUNTY, DM, cs PROPERTIES LLC 5E5 PROPERTIES, LLC 1/4/2.019 _TLAPSADDLE-GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, ARSHAL L TOWN. IOWA 50158 'HONE 641-752-6701 ItTHARTIIWOCGACONSULTANrs,com LINE DATA LINE NUMBER BEARING DISTANCE L1 S89°06'08'W 10.00' 1_2 N89°0608E 10.00' L3 S89°06'08"W 15.00' L4 N89°06'08TE 15.00' (589'0508V 1000) (1489"OE1JEVE 10 GUI L5 S0°53'52•E 218.00' (S(E.53521 I11,001 L6 , N0°5352W 275.00 IN1115352°W 275.001 L7 S69°0608"W 11.34 (589"0518"W 11.341 7130 l/2'0111307 vil BRE /22259 - „ 487.19' - END 1/2" HEW w/ 0370 1122259 55,- " PUBUCUTILITY EASEMENT 3,270 SO FT/ 0.08 ACRES 458.66' ENE 1/7" REBAH w/ BPC 1422759 14139,11514T,, 60.00' CA. Lr' b PAB:S7112,1i.L. ,,N.tolwoo".E 1/2,' 1110118 EXHIBIT A 00 ENO 1/2" BRAD w/BPC 4,22250 RA) 1/2" DEBAR w/ YEE' #8033 ENE 1/2" HEBAH w/ BPC #22259 \—. END 1/2" MBAR POINT OF BEGINNING w/BPC 122259 ,-- SW CORNEA SE 1/4 SW 1/4 w/ BPC #22259 POINT OF COMMENCEMENT END 1/7" HEW ,7"" 5E110833-89-13 SOUTH liliE SW 1/4 SW 1/4 —E WT lil DGEW AY AVENUEw/BPC #22259 7 ND ,mill LK st 114 sw 1/1 Lar DESCRIP110N A 1501170911)5 PUBUC UTILITY EASEMENT LOCATED ENTIRELY WITHIN LOT 1 OF VILLAGE WEST 2ND ADDITION, CITY OF WATERLOO, BLACK HAWK 000141Y, IOWA MORE PARTICULARLY 1508135150 335 FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER 01 11 CERTAIN PARCEL OF LAND DESCRIBED AS LOT 1 OF VILLAGE 31557 25171 ADDITION AND RECORDED IN INSTRUMENT NO. 2019.00005029 IN THE OFFICE OF THE RECORDER, TRACK HAWK COLINTY„ IDWA THENCE, 5181)011097 4138,60' ALONG THE SOU1H LINE 07 111130 LOT 1 10 15111 POINT OF BEGINNING: THENCE, 11)0 '53'52'W 211400' TO A POINT ON 'THE NORTH LINE 011 0110 LOT 1; THENCE, N89°06'08E 15.00' ALONG SAID NORTH UNE TO THE NORTHWEST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL "0"; THENCE, S0°53'52'E 218.00' ALONG THE WEST LINE OF SAID PARCEL "0" TO THE SOUTHWEST CORNER OF SAID PARCEL '0'; THENCE, S89°06'08W 15.00' ALONG THE SOUTH UNE OF SAID LOT 1 TO THE POINT OF BEGINNING, CONTAINING 3,270 SO FT/ 0.08 ACRES. A, GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2" x30' REBAR w/BLUE PLASTIC ID CAP 122259 o PARCEL CR LOT CORNER MONUMENT FOUND O SET 1/2" 4 30" REBAR w/BLUE PLASTIC ID CAP /22259 ( ) RECORDED AS NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. ......... BCS PROPERTIES LLC SURVEY CITY OF WATERLOO, BLACK HAWK COUNTY I hereby certify that thls land surveying document was prepared A and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Iowa, JEREMY A. HARRIS, PLS date Iowa License Number 22259 SCALE 1•=60' /099F... My License Renewal Date is December 31, 2019 ?!..tcoe'SW!!SAiii Pages or sheets covered by this seal: THIS 0,114(171 ,„1„„ 11.1111111,1,1,0,1410T 1 0 0 , 'I'll1111111ii,„""'"""'1,11111,,L 111111110i ChopRaddIbbalber Amelia., , 16 Ent Mudo amp Marevilloon, kma cm% Ph 641.7524701 wor,,,!,9j&Tratio,01,mi,comi IS,V€Pir 140. 0113W51 CAO 1 DATE PHOJECI NO. 1-9-2019 5509_4.05 Page 80 of 187 CITY OF WATERLOO Council Communication Resolution approving Acquisition Contract with Vozuca, LLC, to acquire land on Sherman Avenue and Esther Street in the amount of $2,400, and authorize Mayor and City Clerk to execute all said document. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department 1° p �rnmm�rrog & Zon'�: Cl! rl': 0ffii1ce ATTACHMENTS: Description Ac -q Contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Schroeder, .Ax c Even, p eAnrb Action A ppToved Approved Type Covent Memo Date 1/23/1.01 ... 1p :: 9 AM 1/23/2019 ... 12.29 dP.N Resolution approving Acquisition Contract with Vozuca, LLC, to acquire land on Sherman Avenue and Esther Street in the amount of $2,400, and authorize Mayor and City Clerk to execute all said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve resolution In working with Marko Dostanic for a new project on the site, it was discovered the roadway goes into a small portion of the private property. This small acquisition, based on the price per square foot of assessed value of land, will correct the situation and have the road located on City right-of- way. $2,400 Bonds and TIF funds Prop erty Management Not approve S ee summary See attached Page 81 of 187 ACQUISITION CONTRACT This Acquisition Contract (the "Contract") is made and entered into as of bEt-e 'a36 1) , 2018 by and between Vozuca, LLC ("Seller"), and City of Waterloo, Iowa, ("Buyer). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the 'Property"), described as: See attached legal description, being a part of assessor parcel no. 8913-13-159-005 in Waterloo, Iowa, together with any improvements and fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller grants Buyer the immediate right to enter the Property for the purpose of gathering survey and soil data and conducting environmental assessments. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $2.400.00, due and payable in full at dosing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on a date mutually agreeable to the parties, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation. 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided .in this Contract. 8. Reserved. 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Sell payable to all parties as their interests may appear, from the date of this Contract until- delivery of the docd and possessiea. Buyer shall -notify all insurance companies of this Contract. In case of loss or destruction of part or all of the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that Page 82 of 187 the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase 1, Seller agrees that it has disclosed to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract is further subject to the following terms and conditions: (a) 14. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract by their duly authorized representatives as of the date first set forth above. Seller — VOZUCA, LLC By: /(�• Title: ppflt �tiyr Tax 1D #: gi ` APPROVAL RECOMMENDED BY: City Planning Staff Date APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: 2 Page 83 of 187 Legal Description That part of Parcel B of a Plat of Survey recorded as File Number 2003-25363 in the Office of the Recorder of Black Hawk County, Iowa , located in the Northwest 114 of Section 13, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa, lying north of a line which lies 60 feet south of and parallel with the South line of Block 7 of Logan Dale Heights, and lying east of a line which lies 60 feet west of and parallel with the West line of Block 13 of Logan Dale Heights. 3 Page 84 of 187 CITY OF WATERLOO Council Communication Resolution approving application for R.I.S.E. funding for local development for a new roadway off of Leversee Road, and approve the Memorandum of Understanding with INRCOG for the writing, preparation, and submission of said grant, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department tll:r g 8 .I om Clerk Office, ATTACHMENTS: Description D Memo of LJndQ its n� SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Schroeder, r, Ar.c Even, p.,eAnn Action Approved Approved Type Cover J\1enia Date 1/23/201.- ...:.2:1. 1/23/201.9 ...1:48 P 1\ Resolution approving application for R.I.S.E. funding for local development for a new roadway off of Leversee Road, and approve the Memorandum of Understanding with INRCOG for the writing, preparation, and submission of said grant, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Adopt resolution to approve documents The City of Waterloo applies for RISE funds to help road infrastructure to serve project areas. This application will help the development of the Levwersee Road industrial area to create additional lots for development. $2,000 for INRCOG, $200,000 estimate for road Airport TIF funds and LOT funds Economic Development Not approve The City is working to make the Leversee Road area an industrial park setting by extending infrastructure to area for project and lot development. This roadway would open up access to several lots for industrial development. NA Page 85 of 187 GRANT APPLICATION s MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo, Iowa hereinafter referred to as City, and the Iowa Northland Regional Council of Governments hereinafter referred to as I N RCOG. WHEREAS, the City of wishes to engage INRCOG's grant writing services for the following project: Type of Grant: RISE: Local Development Project Description: Airport Industrial Park INRCOG will not charge the City in advance for grant preparation services; however, in the event that RISE funding is awarded to the City for this project, INRCOG will submit a grant preparation invoice in the amount of one and one-half percent (not to exceed $2,000.00) of the funds awarded, to be paid by the City from local funds. IN WITNESS WHEREOF, INRCOG and the City of Waterloo have executed this Memorandum of Understanding as of this day of , 2019. City of Waterloo, Iowa BY: ATTEST: Mayor Iowa Northland Regional Council of Governments BY: ATTEST: Executive Director Page 86 of 187 GRANT APPLICATION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo, Iowa hereinafter referred to as City, and the Iowa Northland Regional Council of Governments hereinafter referred to as INRCOG. WHEREAS, the City of wishes to engage INRCOG's grant writing services for the following project: Type of Grant: RISE: Local Development Project Description: Airport Industrial Park INRCOG will not charge the City in advance for grant preparation services; however, in the event that RISE funding is awarded to the City for this project, INRCOG will submit a grant preparation invoice in the amount of one and one-half percent (not to exceed $2,000.00) of the funds awarded, to be paid by the City from local funds. IN WITNESS WHEREOF, INRCOG and the City of Waterloo have executed this Memorandum of Understanding as of this day of , 2019. City of Waterloo, Iowa BY: ATTEST: Mayor Iowa Northland Regional Council of Governments BY: ATTEST: Executive Director Page 87 of 187 DOCUMENT INFORMATION (Continued) To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources. This application has been duly authorized by the participating local government(s). I understand the attached resolution(s) binds the participating local governments to assume responsibility for adequate maintenance of any new or improved city streets or secondary roads. I hereby certify, under penalty of perjury, that any award of RISE funds; any subsequent letting of contracts for design, construction, reconstruction, improvement, or maintenance; or the furnishing of materials therefore; shall not involve direct or indirect interest, prohibited by Iowa Code 15A.2, 314.2, 362.5, or 331.342, of any state, county, or city official, elective or appointive. Any award of RISE funding or any letting of a contract in violation of the foregoing provisions shall invalidate the award of RISE funding and authorize a complete recovery of any funds previously disbursed. I understand that, although this information is sufficient to secure a commitment of funds, a firm contract between the applicant and the department is required prior to the authorization of funds. Representing the City of Waterloo Name of Applicant's Governing Authority Signed Signature in ink Date Quentin Hart, Mayor Attested Typed Name and Title Date Signature in ink Date Kelley Felchle, City Clerk Typed Name and Title Date Page 88 of 187 IOWADOT Foran 105101 (3-18) Minority Impact Statement Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code 8.11, all grant applications submitted to the State of Iowa that are due beginning Jan. 1, 2009, shall include a Minority Impact Statement. This is the state's mechanism for requiring grant applications to consider the potential impact of the grant projects proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). Submit additional pages as necessary. ❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project. Indicate which groups are impacted. ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project. Present the rationale for the existence of the proposed program or policy. Page 89 of 187 Provide evidence of consultation with representatives of the minority groups impacted. Indicate which groups are impacted. ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other ® The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. This project involves the construction of a public street that will be open and accessible to all persons. Accordingly, the proposed project is not expected to have a disproportionate or unique impact on minority persons. hereby certify that the information on this form is complete and accurate, to the best of my knowledge. Name Quentin Hart Title Mayor, City of Waterloo Definitions "Minority Persons," as defined in Iowa Code 8.11, means individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans. "Disability," as defined in Iowa Code 15.102, subsection 7, paragraph "b," subparagraph (1): b. As used in this subsection: (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits ane or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability" does not include any of the following: (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania. (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "State Agency," as defined in Iowa Code 8.11, means a department, board, bureau, commission, or other agency or authority of the State of Iowa. Page 90 of 187 CITY OF WATERLOO Council Communication Resolution accepting Warranty Deed from BCS Properties, LLC and dedicating 2,180 square feet (0.05 acres) as city owned right-of-way, located at the northwest corner of West Ridgeway Avenue and Foundation Drive. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: D epartment 1° p ac:mm�rrog;, Zon'�: t., Merl': Office Reviewer Schroeder, Alit; Even ATTACHMENTS: Description V yy Deed a9ndl R ( D ��V'EVmVmR.ErOt SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: 1' Oat p' aarcel Action Approved Approved Type Cover Memo Date 1/23/1. 019 ... 1/23/2019 ...M 38 .M 8P Resolution accepting Warranty Deed from BCS Properties, LLC and dedicating 2,180 square feet (0.05 acres) as city owned right-of-way, located at the northwest corner of West Ridgeway Avenue and Foundation Drive. Submitted By: Noel Anderson, Community Planning and Developoment Director Approval The City of Waterloo is proposing to accept a deed from BCS Properties, LLC to dedicate an additional 10' or right-of-way along the west side of Foundation Drive, just to the east of where a new Casey's General Store will be constructed. The original right-of-way of Foundation Drive was 60', however, Casey's has requested the additional 10' and widening the roadway in this area to 37' to allow for better movement of semi -truck entering the site, most specifically tanker trucks that will provide fuel. Therefore, it is requested that the City Council adopt a resolution to accept the deed and dedicate the Parcel "0" as shown on the attached plat of survey as right-of-way. None N/A Right -of -Way See attached plat of survey. Page 91 of 187 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 Address Tax Statement to: City of Waterloo, Iowa, 715 Mulberry St., Waterloo, IA 50703 WARRANTY DEED — COMPANY GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, BCS Properties, L.L.C., a limited liability company organized and existing under the laws of Iowa does hereby convey to the City of Waterloo, Iowa, the following described real estate in Black Hawk County, Iowa: Parcel "0" of Plat of Survey filed , 2019, as Document No. being part of Lot 1, Village West 2nd Addition, Waterloo, Iowa. This deed is excepted from filing a declaration of value and groundwater hazard statement pursuant to Iowa Code §428A.2(21). Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record. The Company 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. Dated: BCS Properties, L.L.C. By: Brent Dahlstrom PLAT OF SURVEY 0#613kgrOk INDEX LEGEND 1:6-rf-Gr ViEtARVESriffri AVITRW:— „ilirY OF WATERLOO, BLACK HAWK COUNTY, ()WA. CS PROPERTIES LLC CS PROPERTIES LLC LD W RK aM LET D: gCliiiVP-PfICVAAECYgri: RESPoN0 TO JEREMYHARRIS LINE DATA LINE NUMBER BEARING DISTANCE L1 9`06.08'W 10.00' 12 N89106:08IE 10.00' L3 NO`53'52'W 275.00' L4 S89`06.08'W 11.33' /4/2019 III.APSADOLC,GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, ARSHALLTOVVN, IOWA 50158 'HONE 641-752-6701 CGACONSULTANTS.COM - /01/ 7 REHM w/1//C #22209 INS 'lie RENAR w/OPC 412210$1 A RID 1/2" REBAN w/0331 it 22259 0„ PARCEL "Cr 2,180 SO FT/ 0.05 ACRES 473.66' N89°0514"Eii, 60 00' '7766a3'1306660'i' 13 03 FND 1/2' KOMI w/800 ,1122219 POINT OF BEGINNING SOUTH LINE SW 1/4 SW 1/4 „ „.. WEST .RIDGEW AY .AV EWE "" FND 1/2' FEAR ; w/BPC 022259 11/10"0611/Er E 60.00' DEScallin1911 PARCEL "0" LOCATED ENTIRELY WITHIN LOT 1 OF VILLAGE WEST 2ND ADDITION IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 13 WEST or THE Ste P,104, CITY OF WATERLOO, BLACK HAWK COUNTY, tom., MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING Al THE SOW HEAST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED AS LOT 1 OF VILLAGE WEST 2ND AGEaTION AND 01000001/0 /3 INSTRUMENT IVO. '210t9-00005029 IN THE OFFICE OF 011E RECORDER, BLACK HAWK COUNTY', IOWA, THENCE, 53/9 115111/W10.00' ALONG THE SOUTH LINE OF SAID LOT 1: THENCE, NO*53"52tVV 218,00' TO A P03310 031 THE NORTH UNE OF SAID 101 1; THENCE, 311l3306'01PE 10,00: ALONG SAID NORTH UNE TO THE NORTHEAST CORNER OF SAID LOT 1; THEN CIE„'31r'531ZE 218.00' ALONG THE EAST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, CONTAINING 2,180 SC/ FT/ 0.05 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. SCALE 1`.,...60' 100 1/2 30140/1 w/ BPC 022259 7.5 u ENO 1/2'11E8/111 w/ 41'C 01033 — E14111 1/2' HEAP w/ UPC 4122259 SOUTH LINE 1/1 1/4 SW 1/4 SW 310115E11 1/1/ 1/4 ,SW 1/4 SECTION 33-89-13 IND MAO SPIKE LEGEND: A GOVERNMENT CORNER MONUMENT FOUND • GOVERNMENT CORNER MONUMENT sEr 3/1'x 30" REBAR vv/BLUE /103030 /0 CAP #22259 • PARCEL CR LOT CORNER MONUMENT FOUND O SET 1 12" x 30' REBAR w/BLUE PLASTIC ID CAP #22259 /) RECORDED AS N.PM! ALL BEARINGS ARE THE FIESULT OF G.P.S. OBSERVATION BCS PROPERTIES LLC SURVEY CITY OF WATERLOO, BLACK HAWK COUNTY I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal nupervisilon end Halt 1 arn a duly TIcenued PodOelNonal Land Surourt unclog the law& of the Stele of Iowa. 0 60' L LLL 17,511,0"o3tii PhiLwh Virg - '11101111•111 1 lillit1:11,,I11,41.1.t1,11,0104111,111ti 11111111111.111,1410. 11114.,11.1,10, ry„,„„„ fl, 0, bi, ASS.ifill., [11C IIS En( ROW 9htiiiiii JEREMY A. HARRIS, PLS date Nivel Oh AM, Orms 5iii i ilia Ph 84 i-Mihihril, Iowa License Number 22259 iltilit DRAWN DHEET NO My License Renewal Date Is December 31, 2019 CACI 1 1-0-20111 5509_4.05 Page 93 of 187 CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Development Agreement with Residential Development Partners, LLC, Black Hawk Contracting and Development Co., GMJ2 Industries, LLC, and Lincoln Savings Bank, to change construction timelines and parties involved moving forward, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 1/28/2019 Prepared: 1/25/2019 REVIEWERS: Department Reviewer Action Date [° nntnnrn'nnnu & Zoning Anderson, Noel. .Approved. 1/25/201.9 - 11 p 34 .AM. t.'llerk )fhcn. p^;ven C..LA ti Approved .1./25/201.9 -..2:5.9 9M ATTACHMENTS: Description D Amendment to p)a°vacprnnent.Ageemant SUBJECT: Submitted by: Type up Material. Resolution approving an Amendment to a Development Agreement with Residential Development Partners, LLC, Black Hawk Contracting and Development Co., GMJ2 Industries, LLC, and Lincoln Savings Bank, to change construction timelines and parties involved moving forward, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve changes to allow for construction Summary Statement: Expenditure Required: The City of Waterloo is amending the previous Residential Development Partners agreement to move ahead with present owners, Black Hawk Contracting and Development and Lincoln Savings Bank. Through the utilization of 657A Policy, CLURA, and State Workforce Housing tax credit program, this will allow for infill housing development. $5,000 per finished house. For a total of 14 new homes over a 3-4 year period. ($70,000). Payments are made when Certificate of Occupancy is submitted to home. Source of Funds: Bond funds for housing development Policy Issue: Housing, Infill, Economic Development Alternative: Not approve The City had enteredinto Development Agreements for the infill development of Baltimore Field, Willostin Field, and the former school sites: Lafayette School and at Madison/Monroe area. Page 94 of 187 Background Information: This amendment will allow for infill development to occur, under City policies for 657A and Infill Development, as well as re -set timelines, update active development partners, and work to move ahead to gain new housing in Waterloo neighborhoods. Legal Descriptions: See attached Amendment Page 95 of 187 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2019 by and among Residential Development Partners, LLC (the "Company"), Black Hawk Contracting & Development Co. ("BHCD"), GMJ2 Industries, LLC ("GMJ2"), Lincoln Savings Bank ("LSB"), and the City of Waterloo, Iowa (the "City"). Jim D. Ellis executes this Amendment for the limited purpose stated in Section 2 hereof. RECITALS A. Company and City are parties to a certain Development Agreement dated June 25, 2012 and filed October 19, 2012 as Doc. No. 2013-8061 (the "Agreement"), providing for Company's development of certain properties as described therein. B. The members of Company are BHCD and GMJ2, and Company has divided its assets between its members. The Properties now titled in the name of BHCD (the "BHCD Properties") are identified on Exhibit "A-1" attached hereto. C. LSB is the successor in title to certain of those Properties that were distributed by deed from Company to GMJ2. The Properties now titled in the name of LSB (the "Bank Properties") are also identified on Exhibit "A- 1" attached hereto. D. The parties desire to amend the Agreement on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Regarding any provision of the Agreement in which Company is required to take any action upon or in respect of any of the Properties, the Agreement is hereby Page 96 of 187 AMENDMENT TO DEVELOPMENT AGREEMENT Page 2 amended to provide that such actions shall be performed by BHCD for any of the BHCD Properties and shall be performed by LSB for any of the Bank Properties. Company shall have no further obligations of performance under the Agreement hereafter. 2. No later than February 15, 2019, GMJ2 will deliver to City a properly executed special warranty deed in fulfillment of City's right of reverter of title over all parts of the Properties that are now titled in GMJ2's name, which are described as set forth on Exhibit "A-1" attached hereto (the "GMJ2 Property"). GMJ2 and its principal, Jim D. Ellis, agree to indemnify City and to hold it harmless from and against any and all claims, demands, causes of action, costs, expenses, fines, fees, penalties, and liabilities of any type or nature whatsoever, including but not limited to attorney's fees and expenses, arising out of or in connection with GMJ2's ownership of the GMJ2 Property or the acts or omissions of GMJ2, Ellis, their employees, contractors or agents upon or about the GMJ2 Property. 3. Section 2 of the Agreement is amended to strike the last sentence thereof and to substitute in its place the following sentence: "The Project shall be divided into the phases described in Exhibit "B" attached hereto." 4. Section 5 of the Agreement is amended to strike the text thereof in its entirety, and the following new text is substituted in its place: "Indemnity. BHCD, LSB, and GMJ2, each for itself, agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, injury, cost, expense or liability, including but not limited to reasonable attorney fees and expenses, made, suffered, or incurred as a result of or in connection with (a) the Project on its respective Properties, (b) its failure to carry on or complete same, or (c) any lien, claim, charge, or encumbrance on or against its respective Properties of any type or nature whatsoever that attaches to the Properties by virtue of such indemnitor's ownership of same. Notwithstanding the foregoing, GMJ2 shall not be liable to indemnify City for its failure to carry on or complete a Project on any of its Property. If City files suit to enforce the terms of this Agreement and prevails in such suit, then City shall be entitled to recovery of its legal costs and expenses, including but not limited to reasonable attorneys' fees. The duties of indemnity set forth in this Section shall survive the expiration, termination or cancellation of this Agreement for any reason." 5. With respect to Section 6.A of the Agreement, the parties acknowledge that City has demolished and cleared the Block 18 site, has retained title to same, and has conveyed the lots in Block 19 to Company, which thereafter deeded them to the current owner, BHCD. Further activities of City and BHCD with respect to the Lafayette phase property shall be as set forth in Exhibit B. 6. Section 6.B of the Agreement is amended to strike "2.2 acres" therefrom and to substitute "1.21 acres" in its place. 7. A new Section 6.D is added to the Agreement, as follows: Page 97 of 187 AMENDMENT TO DEVELOPMENT AGREEMENT Page 3 "D. Development Grant. Upon completion of each new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of $5,000.00 for each completed home, in accordance with City policy." 8. BHCD and LSB, each for itself, hereby makes to City each of the representations and warranties set forth in Section 11 of the Agreement. 9. Section 14 of the Agreement is amended to add the following notice information: (c) if to BHCD, at P.O. Box 295, Waterloo, Iowa, 50704, Attn: John Rooff. (d) If to LSB, at 242 Tower Park Drive, Waterloo, Iowa, 50701, Attn: 10. Jim D. Ellis is hereby removed as a personal guarantor of the Agreement. 11. Exhibit "A" of the Agreement is amended to swap the paragraph captions for the legal descriptions of Baltimore Field and Williston Field. 12. Exhibit "B" of the Agreement is stricken in its entirety, and a new Exhibit "B" as attached hereto is substituted in its place. 13. Except as modified herein, the Agreement shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the Agreement. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 14. This Amendment may be signed in any number of counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 98 of 187 AMENDMENT TO DEVELOPMENT AGREEMENT Page 4 CITY OF WATERLOO, IOWA RESIDENTIAL DEVELOPMENT PARTNERS, LLC By: By: Quentin Hart, Mayor Jim D. Ellis, Manager Attest: GMJ2 INDUSTRIES, LLC Kelley Felchle, City Clerk By: Jim D. Ellis, Manager Jim D. Ellis, personally BLACK HAWK CONTRACTING & DEVELOPMENT CO. By: John Rooff, President LINCOLN SAVINGS BANK By: Title: Page 99 of 187 EXHIBIT "A-1" Properties of Each Developer Party (as of 1/01/2019) GMJ2 Property Orlo C. Miller Addition, all of Lot 1 except the West 30 feet, Lot 2, and all that part of the Southerly one-half of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street, all in the City of Waterloo, Black Hawk County, Iowa. (part of Baltimore Field) BHCD Properties Lots 2 and 4, Hawthorne Estates First Addition, City of Waterloo, Iowa. (part of Baltimore Field) Lot No. 5, except the East 156 feet thereof in Auditor Francis' Reitzel Plat and except that part thereof platted as Hawthorne Estate First Addition, City of Waterloo, Iowa. (part of Baltimore Field) Lot No. 3, except for the Northerly 20 feet in even width thereof, Lots 4 and 5, and the Northerly 15 feet of Lot 6, all in Block 19 in Linden Place, in the City of Waterloo, Black Hawk County, Iowa. (part of former Lafayette School site) LSB Properties Lots 1-4, Baltimore Field 1St Addition, City of Waterloo, Iowa. (part of Baltimore Field) Lots 1-5, Williston Field Addition, City of Waterloo, Iowa. (Williston Field) Page 100 of 187 EXHIBIT "B" Project Phases and Schedule Within the periods stated below with respect to each separate phase of Improvements, BHCD and LSB, as applicable concerning the Property titled in its name, will have taken all actions stated below for Housing Improvements and related Infrastructure Improvements to support the Housing Improvements. 1. Baltimore Field. No later than October 1, 2019, BHCD and LSB shall commence construction of Housing Improvements, or cause such construction to commence, on each separately platted lot in Hawthorne Estates First Addition and Baltimore Field 1st Addition and shall complete such improvements within 12 months thereafter. With respect to unplatted land in Auditor Francis' Reitzel Plat and with respect to the GMJ2 Property, no later than December 2021 BHCD and City will amend this Agreement to establish a schedule for Project activities thereon. 2. Williston. No later than October 1, 2019, LSB shall commence construction of Housing Improvements, or cause such construction to commence, on each separately platted lot in Williston Field Addition and shall complete such improvements within 12 months thereafter. 3. Lafayette. No later than December 2021 BHCD and City will amend this Agreement to establish a schedule for Project activities thereon. 4. Burton (a/k/a former Van Eaton School site). No later than December 2021 BHCD and City will amend this Agreement to establish a schedule for Project activities thereon. To aid in development of the Baltimore, Lafayette and Burton Projects, City agrees to continue to hold in reserve those parts of the Properties identified on Exhibit "A" that are not identified on Exhibit "A-1" as the BHCD Properties or the LSB Properties. Disposition of City -owned Properties will be determined in connection with the 2021 amendments contemplated by this Exhibit "B". Page 101 of 187 CITY OF WATERLOO Council Communication Resolution approving an Amendment to Development Agreement with Black Hawk Contracting & Development Co., changing the project construction timeline and adding the 657A Infill Policy incentive for the property located at 7th and Lafayette Street, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 1/28/2019 Prepared: 1/25/2019 REVIEWERS: Department Reviewer Action Date i°pntnnnm'n& Zoning Anderson, /ipproved /25/2019... Clerk_ Office. i ^;vein i:.e h m o Approved 1/25/2019 ... ATTACHMENTS: Description Type D 7th i,naf amend Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: 34 AM Resolution approving an Amendment to Development Agreement with Black Hawk Contracting & Development Co., changing the project construction timeline and adding the 657A Infill Policy incentive for the property located at 7th and Lafayette Street, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve amendment The City continues to work with Black Hawk Contracting and Development for the infill of housing at East 7th and Lafayette Streets $5,000- per unit, upon Certificate of Occupancy Residential housing bonds Downtown Development Infill Development Not approve The City continues to work with Black Hawk Contracting & Development for infill housing See amendment Page 102 of 187 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2019 by and among Black Hawk Contracting & Development Co. ("Company") and the City of Waterloo, Iowa (the "City"). John R. Rooff III ("Rooff") executes this Amendment individually for the purpose stated in Section 2 hereof. RECITALS A. Company and City are parties to a certain Development Agreement dated May 6, 2013 and filed September 13, 2013 as Doc. No. 2014-5853 (the "Agreement"), providing for Company's development of certain property as described therein. B. The parties desire to amend the Agreement on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The Agreement is amended to provide that the schedule for construction and completion of the improvements described therein is suspended. No later than December 2021, the parties agree to amend the Agreement to establish a schedule for Project activities. 2. The Agreement included a personal guaranty that Rooff failed to execute. Rooff agrees that his execution of this Amendment shall have the same legal effect as if he had signed the personal guaranty included in the Agreement and that he shall be bound thereby to the same extent as if he had originally signed it. 3. A new Section is added to the Agreement, as follows: Development Grant. Upon completion of each new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, Page 103 of 187 City will make to the developer party a one-time grant of $5,000.00 for each completed home, in accordance with City policy." 4. Except as modified herein, the Agreement shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the Agreement. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BLACK HAWK CONTRACTING & DEVELOPMENT CO. By: By: Quentin Hart, Mayor John R. Rooff, III, President Attest: Kelley Felchle, City Clerk 2 John R. Rooff, III, personally Page 104 of 187 CITY OF WATERLOO Council Communication Resolution approving Anti -Heroin COPS grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $6,111, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorize the Mayor and Chief of Police to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/17/2019 REVIEWERS: Department Department Reviewer ➢s Elven, eAnn ATTACHMENTS: Description D A.rit i eroiri COP S Gant D C ertuf.ed Aso:,oanraannces D Grant Con SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type (.'GDveIr I\ mo Giver r Mcn`➢rio Memo Date /17/2it19; 1/22/201.9.2: Resolution approving Anti -Heroin COPS grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $6,111, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorize the Mayor and Chief of Police to execute said document. Submitted By: Frank Krogh, Captain of Police Services Request that the City Council pass a resolution authorizing Mayor Hart and Chief Trelka to receive Anti -Heroin COPS grant money as a sub -recipient from the Governor's Office of Drug Control, for a $6,111.00 grant with no matching funds required. The money will directly pay overtime costs associated with the investigation into mid and high level Heroin crimes. Your approval of this grant will enable the Tri -County Drug Task Force to further investigate mid and high level Heroin crimes creating a safer community. N/A N/A N/A N/A Page 105 of 187 ANTI -HEROIN TASK FORCE GRANT PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E. 7th Street, Des Moines, Iowa 50319 (515) 725-0300 Anti -Heroin Task Force CFDA #16.710 Grantee: Waterloo Police Department 715 Mulberry StreetStreet Waterloo, Iowa 50703-5714 Grant #18 -COPS Heroin -09 Grant Period: January 1, 2019 through December 31, 2019 Federal: $6,111 Match: $0 Total: $6,111 ODCP Contact: Dennis Wiggins 515/725-0311 Legal Applicant: Quentin Hart Program Director: Daniel Trelka This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program request for proposal, and the stipulations, if any, noted under "Special Conditions." Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perforin all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application. for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms, and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL CONDITIONS • Grant funding is provided to assist project with mid to high level heroin investigations or precursor diversion investigations. • Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system. • Projects will regularly deconflict investigations by searching potential targets in the LEIN database system. In witness wherefore, the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 106 of 187 lowa Governor's Office of Drug Control Policy CERTIFIED ASSURANCES NON -SUPPLANTING The grantee assures that Federal funds made available under this formula grant will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for project activities. MATCHING FUNDS The grantee assures that matching funds required to pay the non -Federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for criminal justice activities by the recipients of grant funds and shall be provided on a project -by - project basis. RECORD KEEPING The grantee assures that fund accounting, auditing, monitoring, evaluation procedures, and such records as the Governor's Office of Drug Control Policy shall require, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received. REPORTING The grantee assures that it shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Governor's Office of Drug Control Policy may reasonably require to administer the program. NONDISCRIMINATION The grantee assures that it will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith - based and community organizations). FINDINGS OF DISCRIMINATION The grantee assures that in the event a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, disability, age, or sex against a recipient of funds, the recipient will promptly forward a copy of the finding to the Governor's Office of Drug Control Policy. REPORT MISUSE OF FUNDS The grantee assures that it will promptly refer to ODCP any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subcontract for services. Page 107 of 187 lowa Governor's Office of Drug Control Policy NON -DISCLOSURE AGREEMENTS The grantee assures that no recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM The grantee will determine whether it is required to formulate an Equal Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et. seq. if the grantee is not required to formulate an EEOP, it will submit a certification form to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), indicating that it is not required to develop an EEOP. If the grantee is required to develop an EEOP, but is not required to submit the EEOP to the OCR, the grantee will submit a certification form to the OCR and the ODCP certifying that is has an EEOP on file which meets the applicable requirements. If the grantee is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its ESOP to the OCR and the ODCP. Non-profit organizations, Indian Tribes, and medical and education institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. LIMITED ENGLISH PROFICIENCY Applicant must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov . Assistance for Spanish speaking people may be available through the Iowa Division of Latino Affairs at http://www.latinoaffairs.iowa.gov or 515-281-4080. Local interpreters and translators may be available through the Iowa Interpreters and Translators Association at https://www.iitanet.org. FINANCIAL AND ADMINISTRATIVE GUIDE The grantee assures that it will comply with the provisions of the Office of Justice Programs' "Financial and Administrative Guide for Grants. http://ojp.gov/financialguide/DOJ/index.htm COMPLIANCE WITH FEDERAL PROCEDURES The grantee assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of 2 Page 108 of 187 lowa Governor's Office of Drug Control Policy Identifiable Research and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. SANCTUARY JURISDICTIONS The grantee assures that it will comply with the provisions of 8 U.S.0 § 1373 which addresses the exchange of information regarding citizenship and immigration status among federal, state, and local government entities and officials from "prohibit[ing] or in any way restrict[ing]" government officials or entities from sending to, or receiving from, federal immigration officers information concerning an individual's citizenship or immigration status. AUDIT REQUIREMENTS The grantee assures that it will provide for an independent audit report on an annual basis as required by Title 2 C.F.R. Part 200, Subpart F and the OJP Financial Guide which states: a. Non—Federal entities that expend $750,000 or more in Federal funds (from all sources including indirect recipients) in the organization fiscal year (12 month turnaround reporting period) shall have a single organization -wide audit conducted in accordance with the provisions of Title 2 C.F.R. Part 200, Subpart F. b. Non -Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirement for that year. Records must be available for review or audit by appropriate officials including the United States Department of Justice, Governor's Office of Drug Control Policy, and General Accounting Office. FEDERAL FUNDS ACKNOWLEDGMENT The grantee assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds for the projects or program. DRUG TASK FORCE TRAINING The grantee assures that each sworn member of a law enforcement task force funded in whole or in part with these grant funds will complete Department of Justice required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). Participants should use the preauthorization code QX6S4 when conducting the training. 3 Page 109 of 187 lowa Governor's Office of Drug Control Policy DUNS/SAM Registration: The grantee assures that it will register and provide the Governor's Office of Drug Control Policy a Data Universal Number System (DUNS) number. The recipient shall maintain a current registration with the System for Award Management (SAM) for the duration of the grant project period. Recipient Integrity and Performance The grantee assures that it will comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) this award. Under certain circumstances, recipients of federal grant funds are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. METHAMPHETAMINE MITIGATION The grantee shall: a. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; b. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; c. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; d. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; e. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; f. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; g. Monitor the transport, disposal and recycling components of subparagraphs number "e" and "f' immediately above in order to ensure proper compliance; h. Have in place and implement a written agreement with the responsible State environmental agency. This agreement must provide that the responsible State environmental agency agrees to: (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory; and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the State environmental agency and in accordance with existing State and Federal requirements; and i. Have in place and implement a written agreement with the responsible State or local service agencies to properly respond to any minor, as defined by State law, at the site. This agreement must ensure immediate response by qualified persons who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up tests, examinations, or health care made necessary as a result of 4 Page 110 of 187 lowa Governor's Office of Drug Control Policy methamphetamine toxicity. CERTIFICATION I certify that the program in this application meets all the requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; that all the information presented is correct; and the application will comply with the provisions of the Act and all other Federal laws, regulations, and guidelines. By appropriate language incorporated in each subcontract or other document under which funds are to be disbursed, the undersigned shall assure the applicable conditions above apply to all recipients of assistance. Signature - Project Director Signature - Legal Applicant Date Date 5 Page 111 of 187 lowa Governor's Office of Drug Control Policy CIVIL RIGHTS REQUIREMENTS INFORMATION 1. Civil Rights Contact Person: 2. Title/Address: 3. Telephone Number: 4. Number of persons employed by the agency responsible for administering this grant: 6 Page 112 of 187 lowa Governor's Office of Drug Control Policy US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (Sub -Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, participants' responsibilities. The regulations were published as Part VIII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON FOLLOWING PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in the certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date Name of Organization Address of Organization 7 Page 113 of 187 lowa Governor's Office of Drug Control Policy INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non -procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 8 Page 114 of 187 lowa Governor's Office of Drug Control Policy U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Grantees Other Than Individuals This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988, 28 CFR Part 67, Subpart F. The regulations, published in the May 25, 1990 Federal Register, require certification by grantees, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government wide suspension or debarment (see 28 CFR Part 67, Sections 67.615 and 67.620). The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination;, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). Place(s) of Performance: The grantees shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant (street address, City, County, State, zip code): Organization Name Name and Title of Authorized Representative Signature Date 9 Page 115 of 187 lowa Governor's Office of Drug Control Policy CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit Standard Form # LLL, 'Disclosure of Lobbying Activities", in accordance with its instructions. (Forms are available from the Governor's Office of Drug Control Policy.) (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly. Name and Address of Organization Name of Authorized Individual Signature and Date 10 Page 116 of 187 lowa Governor's Office of Drug Control Policy 11 Page 117 of 187 Iowa Governor's Office of Drug Control Policy CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. If recipient completes Section A or C and sub -grants a single award over $500,000, in addition, please complete Section D. Recipient's Name: Address: Is agency a; o Direct or n Sub recipient of OJP, OVW or COPS funding? Law Enforcement Agency? o Yes o No DUNS Number: Vendor Number (only if direct recipient) Name and Title of Contact Person: Telephone Number: E -Mail Address: Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. n Less than fifty employees. o Indian Tribe n Nonprofit Organization o Educational Institution o Medical Institution. o Receiving a single award(s) less than $25,000. [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302. I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub -grants a single award over $500, 000, in addition, please complete Section D Print or Type Name and Title Signature Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty or more employees and is receiving a single award or, subaward, of $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305): I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: [organization], [address]. Print or Type Name and Title Signature Date Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award, or subaward, of $500, 000 or more, then the recipient agency must send an EEOP Short Form to the OCR for review. 1, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. If recipient sub -grants a single award over $500,000, in addition, please complete Section D 12 Page 118 of 187 Iowa Governor's Office of Drug Control Policy Print or Type Name and Title Signature Date D—Declaration Stating that Recipient Subawards a Single Award Over $500,000 If a recipient agency, subawards a single award of $500.000 or more then the granting agency should provide a list; including, name, address and DUNS # of each such sub -recipient. Sub -Recipient Agency Name/Address Sub -Recipient DUNS Number If additional space in necessary, please duplicate this page. 13 Page 119 of 187 Iowa Governor's Office of Drug Control Policy INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt. E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements; many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's EEOP requirements, please consult your grant award document, your program manager, or the OCR. Recipients should complete either Section A or Section B or Section C, not all three. If recipient completes Section A or C and sub - grants a single award over $500,000, in addition, please complete Section D. Section A The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty employees. To claim the complete exemption from the EEOP requirements, complete Section A. Section B Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business; and (2) have fifty or more employees; and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption from the submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP on file has been prepared within twenty-four months of the date of the most recent grant award. Section C Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business, and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare, maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP Utilization Report (or in the process of submitting one) to the OCR, should complete Section C. Section D Recipients that (1) receive a single award over $500,000; and (2) subaward a single award of $500,000 or more must provide a list; including, name, address and DUNS # of each such sub -recipient by completing Section D. Submission Process Recipients should download the online Certification Form, complete required sections, have the appropriate official sign it, electronically scan the signed document, and then send the signed document to the following e-mail address: EEOPForms@usdoj.gov. The document must have the following title: EEOP Certification. If you have questions about completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027). OMB Approval No. 1121-0340 Expiration Date: 12/31/15 Public Reporting Burden Statement Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 20531. 14 Revised 06/18/18 Page 120 of 187 IOWA GOVERNOR'S OFFICE OF DRUG CONTROL POLICY STANDARD GRANT CONDITIONS Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Postconviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free Communities; Anti -Heroin Task Force; and Paul Coverdell Forensic Science. 1. General: These standard grant conditions, unless otherwise stated herein, apply to the following grant programs administered in Iowa by the Governor's Office of Drug Control Policy (ODCP): Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Postconviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free Communities; and Paul Coverdell Forensic Science. The Grantee shall provide the necessary facilities, materials, services, and qualified personnel to perform and/or provide all the services set forth in the approved application and the letter of notification for the grant amount. The grant budget will be a basis for the Grantee's expenditure of the grant amount. Acceptance of the terms and conditions of the grant is indicated by the applicants' signatures on the grant contract, attached certification, and by requesting and expending grant funds. The Grantee agrees to indemnify and hold harmless the Governor's Office of Drug Control Policy (ODCP) and the State of Iowa for all loss and damage sustained and liability incurred by the Grantee. The Grantee hereby agrees to abide by all applicable Federal, state, and local laws, rules and regulations. The Certified Assurances and forms signed and or submitted via www.iowagrants.gov by the Grantee in making application for grant funds are incorporated herein. 2. Definitions: a. "State" means the State of Iowa. b. "ODCP" means the Governor's Office of Drug Control Policy. c. "Grantee" or "Legal Applicant" means the governmental agency contracting with the Governor's Office of Drug Control Policy. d. "Program/Project Director" means the person who has been delegated authority to administer the project described in the application. 1 Page 121 of 187 e. "Special Conditions" means those conditions applying uniquely to this grant contract as identified on the grant contract page. f. "Standard Grant Conditions" means those conditions applying to all ODCP grant contracts. g. "JAG" means the Federal Byrne—Justice Assistance Grant program, for which ODCP is the State Administrative Agency in Iowa. 3. Accountability for All Entities: Grantees shall promote effectiveness, efficiency, and accountability. They must serve their publics in an ethical and transparent manner. This includes operating professionally, truthfully, fairly, and with integrity and accountability to uphold public trust. 4. Additional Guidance for Nonprofit Organizations: Nonprofit organizations must be aware of and comply with applicable law and regulations. The Iowa Nonprofit Principles and Practices for Charitable Nonprofit Excellence Revised 2016 shall be used as a means of educating nonprofit organizations about the laws and regulations with which they must comply and to provide guidance about good operational practices and ethical conduct. This publication may be accessed at https://inrc.law.uiowa.edu/sites/inrc.law.uiowa.edu/files/pp-2016ed-web.pdf The purpose of the Iowa Principles and Practices for Charitable Nonprofit Excellence is to promote good management practices, ethical conduct, and public accountability for Iowa charitable nonprofit organizations as they perform their crucial community services. The Principles and Practices are not regulatory. While many of the Principles and Practices will be helpful to all nonprofits, they are specifically written for 501(c)(3) organizations. The Iowa Principles and Practices for Charitable Nonprofit Excellence are intended to be primarily an educational process designed to improve efficiency and accountability. It is recognized that implementation will take different forms and occur at different levels, given the resources of the nonprofits. 5. Accounts and Records: a. The Grantee shall comply with pertinent state and Federal laws, and the provisions of the Office of Justice Program's (OJP) Financial Guide: https://ojp.gov/financialguide/doj/pdfs/D0J_FinancialGuide.pdf b. The Grantee shall maintain accurate, current, and complete records of the financial activity of this contract, including records which adequately identify the source and application of funds. Grantees are expected to maintain separate records for each Federal grant or program. Cash or matching contributions made by the Grantee shall be verifiable from the Grantee's records. These records shall contain information pertaining to contract amount, authorizations, obligations, unobligated balances, assets, liabilities, expenditures, and program income. 2 Page 122 of 187 c. Effective control and accountability shall be maintained for all assets, including current and accurate equipment inventory records. The Grantee shall adequately safeguard all such property and assure that it is used solely for authorized purposes. Accounting records shall be supported by source documentation such as canceled checks, paid bills, receipts, payrolls, contract award documents, etc. d. The Grantee, in making project expenditure accounts, records and reports, shall make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resulting from administrative or compliance reviews and audits. Such adjustments shall be set forth in the financial reports filed with the ODCP. e. The Grantee agrees to maintain a sufficient recordkeeping system to provide statistical data for the purpose of planning, monitoring, and evaluating their program. f. All pertinent records and books of accounts related to this contract shall be retained for a period of three (3) years—following the closure of the grantee's most recent audit report. In the event of litigation, negotiation or audit findings, the records shall be retained until all issues arising from such actions have been resolved or until the end of the regular three-year period, whichever is later. 6. Cash/In-Kind Match (If required and included in the approved budget): Grant application materials will specify the level and conditions of match required for each grant program. If cash or in-kind match is required, the match will be identified in the grant contract signed by the grantee as well as in the approved budget. If "cash" match is included in the approved budget, the grantee must be able to demonstrate that the match is from a new appropriation, or from existing resources which were not intended for the stated program purpose Grantees must maintain records clearly showing the source, the amount, and the timing of all match contributions. The following may be used as cash match: a. Local and state appropriations; b. Funds contributed from private sources; c. Federal funds from the following sources: 1.) Housing and Community Development Act of 1974; 2.) Appalachian Regional Development Act; 3.) General Revenue Sharing; d. Existing resources (as long as the existing funds were used in areas stated program purpose); e. Salaries of existing personnel who are transferred to grant activities positions are filled with new personnel; 3 other than the (if the original Page 123 of 187 f. Asset forfeiture funds resulting from state or Federal court action per applicable state and Federal guidelines; g. Program income and the related interest earned on that program income generated from projects may be used as match provided it is identified and approved prior to making an award; h. Funds appropriated by Congress for the activities of any agency of a Tribal government or the Bureau of Indian Affairs performing law enforcement functions on Tribal lands; and i. Funds otherwise authorized by law. All funds designated as match are restricted to the same use as grant program funds. The matching share must be obligated by the end of the period for which Federal funds have been made available for obligation under an approved program or project. The Grantee must submit a written plan for expenditure of matching funds if requested by ODCP. 7. Non -Supplanting Requirement: Federal funds must be used to supplement existing funds for program activities and not replace those funds which have been appropriated for the same purpose. Potential supplanting will be the subject of application review, as well as pre -award review, post - award monitoring, and audit. If there is a potential presence of supplanting, the grantee will be required to supply documentation demonstrating that the reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 8. Program Income: "Program income" means gross income earned by the Grantee during the grant period as a direct result of the grant award. Direct result is defined as a specific act or set of activities that are directly attributable to grant funds and which are directly related to the goals and objectives of the project. Program income shall be accounted for and used for any purpose that furthers the broad objectives of the legislation under which the award was made. Program income earnings and expenditures must be reported with claims for reimbursement and must be used in accordance with the provisions of 2 CFR Part 200, Uniform Administrative Requirements. 9. Subcontracting: None of the activities or funds of this grant shall be subcontracted to another organization or individual without specific prior approval by ODCP, with the exception of subcontracts under $1,000. Open and free competition is required. To obtain ODCP approval, the Grantee shall submit the proposed contract or written agreement between the parties. The contract or agreement must contain a list of the activities to be performed by the subcontractor, and the contract policies and requirements. All grant related certifications 4 Page 124 of 187 and conditions agreed upon by the applicant agency shall be passed on to subcontracting agencies. Subcontractors shall complete the Standard Grant Condition Certification. 10. Property and Equipment: a. Iowa Administrative Code, Administrative Services [401, Chapter 11] and Section III, 3.7 of OJP's Financial Guide prescribe property rules and regulations. b. The grantee shall develop procedures to assure competitive acquisition of approved purchases. c. Definition of Equipment: Any item costing $5,000 or more and having an anticipated useful life of more than one year. Chairs, tables, files and movable partitions costing less than $5,000 shall be accounted for in aggregate. All other items of equipment shall be accounted for individually. The above definition identifies a minimum list of items, which must be considered as equipment. The Grantee's accounting system may include other items of equipment as well. d. The Grantee shall maintain property records, inventory control, and maintenance procedures for all non -expendable property purchased all or in part with grant funds. An inventory report form must be completed and submitted to ODCP with the last project report. Procedures for managing equipment (including replacement, whether acquired in whole or in part with project funds), will, at a minimum, contain records, which include the following: 1.) Description of the property; 2.) Serial number or other identification number; 3.) Source of the property; 4.) Identification of who holds the title; 5.) Acquisition date; 6.) Cost of the property; 7.) Location of the property; and 8.) Disposition data including the date of disposal and sale price. e. Title of Property: Notwithstanding any other provision of law, title to all expendable and nonexpendable property purchased with grant funds made available under the Grant Program shall vest in the agency that purchased the property, if it certifies to the ODCP that it will use the property for the purposes outlined in the grant application. If such certification is not made, title to the property shall vest in the State of Iowa, which shall seek to have the property used for program related purposes elsewhere in the state prior to using it or disposing of it in any other manner. f. Use of Property: The Grantee may use property acquired in whole or in part with Federal funds for the authorized purpose of the original grant as long as needed whether or not the program or project continues to be supported by Federal funds. 11. Computer Systems: 5 Page 125 of 187 No federal funding may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this subsection limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 12. Travel: Travel specifically identified in the grant application and approved budget is approved for reimbursement by ODCP. Out of state training and travel not identified and approved in the application and grant budget requires approval by ODCP prior to reimbursement. Requests for out-of-state training and travel must be submitted to ODCP in writing. Recipients shall follow their own written policy for allowable travel costs. In the event a reasonable and prudent policy does not exist, State of Iowa approval rates will apply to subrecipient travel costs. State rates are available by contacting ODCP. 13. Payments: Expenditure reports must be submitted monthly. Expenditure reimbursement shall be made on program cash expenditures included in the grant budget and upon the receipt and acceptance by ODCP of a properly completed and authorized expenditure report and supporting documentation. Reimbursement must be requested within 23 days after the end of the period for which payment is being requested. Payments may be adjusted to correct disallowance's resulting from audit or contract review. Reimbursement may be withheld if a grantee is delinquent in program reporting or if the grantee fails to meet any contract condition. 14. Reporting: Form to be Used: a. Claim for Reimbursement - Completed online at www.iowagrants.gov b. Quarterly Progress Reports - Completed online at www.iowagrants.gov c. Inventory Report Form Equipment purchased all or in part with grant funds must be listed on the inventory report form. (See property.) Due to ODCP 30 days after the grant period. d. Annual Audit Report If agencies are exempt from audit requirements, you must keep 6 Due Date: Due by the 23rd day of each month, following expenditures. Due Date: October 23rd January 23rd April 23rd July 23rd Due Date July 31St Due Date For July 1st through June 30th audit is due by March 31st Page 126 of 187 records that are available for review or audit by appropriate officials including the Federal agency, the State agency, and the US Government Accountability Office (GAO). 15.Awards to private agencies - accounting system audit requirement. These organizations must have financial and compliance audits conducted by qualified individuals who are organizationally, personally, and externally independent from those who authorize the expenditure of Federal funds. This audit must be conducted in accordance with the Government Auditing Standards (December 2011 Revision), as found on the GAO website. The purpose of this audit is to ascertain the effectiveness of the financial management systems and internal procedures that have been established to meet the terms and conditions of the award. Audits must be conducted no less frequently than every 2 years. The dollar threshold applies as established for audit reports in OMB Circular A-133, as amended. 16.Audits: Subrecipients of Federal funds are required to permit access to their records and financial statements as necessary to comply with Title 2 CFR Part 200, Subpart F Audit Requirements and Code of Iowa, Chapter 11, Audit of Counties, Cities and School Districts. Non -Federal entities that expend $750,000 or more in Federal funds (from all sources including pass-through subawards) in the State fiscal year (July 1 - June 30) shall have a single organization -wide audit conducted in accordance with the provisions of Title 2 CFR Part 200, Subpart F. Non -Federal entities that expend less than $750,000 in Federal awards in a fiscal year are exempt from audit requirements for that year. Records must be available for review or audit by appropriate officials including the Federal agency, pass-through entity, and General Accounting Office (GAO). A management letter must be submitted with the audit report. Grantee audit reports must be submitted no later than nine (9) months after the close of each fiscal year during the term of the award. Grantees shall comply with any audit resolution activities as directed by ODCP. Audit costs for audits not required or performed in accordance with Title 2 CFR Part 200, Subpart F are not allowable. If the grantee did not expend $750,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audit; these costs may not be charged to the grant. 7 Page 127 of 187 Monitoring/Evaluation: The Governor's Office of Drug Control Policy may conduct site visits to review grant compliance, assess management controls, assess the applicable activities or strategies, and provide technical assistance. In addition, the Grantee agrees to provide any data or information required for the purposes of monitoring and program evaluation. Such evaluation may be conducted by ODCP or other appropriate agencies. The Grantee agrees to ensure the cooperation of the Grantee's employees and board members in such efforts. Following each site visit ODCP shall submit a written report to the Grantee, which will identify the findings of the site visit. A corrective action plan with a timetable to address any deficiencies or problems noted in the site visit report may be requested by ODCP. The corrective action plan shall be submitted to ODCP for the approval within the timeline outlined in the written report. The Grantee agrees to carry out the plan after it is approved by ODCP. Failure to do so may result in suspension or termination of funding. 17. Changes in the Program: a. Changes in Service: Changes in types of services provided by the Grantee as agreed to in the application and award require prior approval by ODCP. Discontinuation of a service may result in a decrease in the grant amount or termination of the grant. b. Changes in Location: ODCP must be notified of any change in office or service location (relocation, addition, or deletion) from that shown in the application within 72 hours of such change. c. Changes in Program Director or Other Personnel: When there is a change in the program director or any other personnel supported by the grant from that shown on the application, ODCP must be notified. The Grantee is responsible for replacement, and notifying ODCP in writing of each action within 72 hours. d. Change in Legal Applicant/Grantee: A change in legal applicant is the process whereby the legal and administrative responsibility for administering the grant is transferred from one legal entity to another. A change of Grantee must be approved in advance by ODCP. ODCP reserves the right to not contract with a new Grantee. A written agreement of the original Grantee to relinquish all rights to the project; and, a written agreement of the new Grantee to accept all the terms and conditions of the contract must be submitted to and approved by ODCP prior to the date of transfer. e. Change in Budget: Due to the fact that budget line item amounts are only estimates of budget expenditure, funds may be reallocated among budget line items. Budget revision requests must be submitted, and approved by, ODCP prior to the revised expenditure of funds. ODCP will not reimburse funds for unapproved expenditures. Budget revisions may be requested, via iowagrants.gov, by the legal applicant and/or the legal applicant's authorized designee (e.g. the Program/Project Director), who must certify that the change in budget does not constitute a change in the goals and objectives of the program. 8 Page 128 of 187 18.Withholding of Support, Suspension, and Termination: a. Withholding of Support: With ten (10) days written notice, ODCP may temporarily withhold payment of funds until a corrective action plan has been submitted by Grantee and approved by ODCP. Reasons may include, but are not limited to the following: 1.) Delinquency in submitting required reports; 2.) Failure to provide adequate management of the funds; 3.) Failure to show satisfactory progress in achieving the objectives of the program or failure to meet the terms and conditions of the contract; and 4.) Failure to regularly coordinate the activities and services with other local providers funded by ODCP. Temporary withholding of funds does not constitute just cause for the Grantee to interrupt services to clients. b. Suspension: When, as determined by ODCP, a Grantee has materially failed to comply with the terms and conditions of the grant, ODCP may, with ten (10) days written notice to Grantee, suspend the grant. Only necessary and proper costs that ODCP agrees could not have reasonably been avoided during the period of suspension will be paid by ODCP. Suspension shall remain in effect until the Grantee has shown to the satisfaction of the ODCP that corrective action has been or will be taken, or until ODCP terminates the grant. c. Termination: 1.) 2.) 19. Copyrights: Termination for Cause: The ODCP may terminate a grant in whole or in part anytime before the date of completion if ODCP determines that the Grantee has failed in a material way to comply with the terms and conditions of the grant. To terminate a grant, ODCP must send written notice to the Grantee stating the date and reasons for the termination. Payments to the Grantee will be only for services provided or purchases authorized up to the date of termination. Recovery of funds by ODCP shall be made in accordance with the terms and conditions of this grant. Termination on Other Grounds: In addition to termination for cause, ODCP grants may be terminated in whole or in part as follows: (a) By ODCP with the consent of the Grantee. Both parties agree on the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. (b) By the Grantee. Thirty (30) days written notice to ODCP is required. Such notice shall set forth the reason for such termination. Termination of part of the grant is subject to Section 17 entitled "Changes in the Program." (c) By ODCP due to the lack of adequate funds to support the grant. Should this contract terminate prior to the expiration date as set forth in the grant cover page, the Grantee agrees to deliver such information and items which are due as of the date of termination. The ODCP shall not be liable for unemployment compensation arising from the termination of this grant. 9 Page 129 of 187 The U.S. Department of Justice and the State of Iowa, ODCP reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: a) the copyright in any work developed under a grant, or contract under a grant or subgrant; and b) any rights of copyright to which Grantee or contractor purchases ownership with grant support. 20. Publicity: Program directors are encouraged to make the results and accomplishments of their activities available to the public. Prior ODCP approval is not needed for publishing the results of an activity under a grant project; however, an acknowledgment of State/Federal support must be made. Grantee shall, when issuing statements, press releases, and other documents describing the grant project, clearly state: a) the percentage of the total cost of the project which will be financed with Federal and State funds; and b) the dollar amount of Federal and State funds for the project. Any publication (written, visual, or sound), whether published at the grantee's or government's expense, shall contain the following statements: (NOTE: This excludes press releases, newsletters, and issue analyses.) "This project was supported by Grant No. , awarded by the U. S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Governor's Office of Drug Control Policy." 21. Release of Information and Confidentiality of Records: a. Release of Grant Information: The Grantee is required to make available all records, papers and other documents kept by the Grantee relating to the receipt and disposition of any funds, if requested by any member of the public. All such records shall be available except when access to the records is limited by Federal confidentiality regulations. The intended use of such information will not be a criterion for release. b. Confidentiality of Client Records: Privacy rights of parents and students apply to this program. Grantee policies and procedures shall provide that records of the identity, diagnosis, prognosis, or treatment of any client which are maintained in connection with the performance of the grant be kept confidential and be used only for the purposes and under the circumstances expressly authorized under the Federal confidentiality regulations 42 CFR part 2 "Confidentiality of Alcohol and Drug Abuse Patient Records." The Code of Iowa, Chapter 22.7 Confidential records are available from the ODCP. 22. Conflict of Interest: The Grantee shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. 23. Report Misuses of Funds 10 Page 130 of 187 The recipient must promptly refer to ODCP any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subcontract for services. 24. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 1) In accepting this award, the recipient -- a) represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b) certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict) reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 25.Drug Free Workplace: All recipients receiving awards from the Governor's Office of Drug Control Policy shall certify that they will maintain a drug-free workplace, or in the case of a recipient, who is an individual, certify to the agency that his or her conduct of award activity will be drug-free. If a recipient makes a false certification, the recipient is subject to suspension, termination, and debarment. In order to comply with the Drug Free Workplace Act of 1988, Grantees are required to report any conviction of their employees under a criminal drug statute for violations occurring on the Grantees premises or off the Grantee's premises while conducting official business. A report of a conviction must be made to ODCP within ten (10) days of receiving notices of such conviction. 11 Page 131 of 187 26.Americans With Disabilities Act: The Grantee hereby assures and certifies compliance with Subtitle A, title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, and Department of Justice implementing regulation, 28 CFR Part 35. 27. Immigration and Naturalization Service: The grantee shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of Federal funds to verify that persons are eligible to work in the United States. 28.Limited English Proficiency: "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." 29. Equal Employment Opportunity Program: a. All grant recipients, including contractors, will comply with any applicable Federal nondiscrimination requirements, which may include the following: Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d); Victim of Crime Act (42 U.S.C. 10604(e)); Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. 5672(b)); Civil Rights Act of 1964 (42 U.S.C. 2000d); Rehabilitation Act of 1973 (29 U.S.C. 794); Americans with Disabilities Act of 1990 (42 U.S.C. 12131-34); Education Amendments of 1972 (20 U.S.C. 1681, 1683, 1685-86); Age Discrimination Act of 1975 (42 U.S.C. 6101-07); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations — Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); Ex. Order 13279 (equal protection of the laws for faith -based and community organizations); and 28 C.F.R. pt. 38 (U.S. Department of Justice Regulations — Equal Treatment for Faith -Based Organizations). b. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the Iowa Governor's Office of Drug Control Policy (ODCP). c. Recipient will provide an Equal Employment Opportunity Plan (EEOP) to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), if required to submit one. Otherwise, it will provide a certification to the OCR and the ODCP that it has a current EEOP on file, if required to maintain one. Grantee agencies receiving less than $25,000; grantee agencies with less than 50 employees, 12 Page 132 of 187 regardless of the amount of the award; and non-profit organizations, Indian Tribes, and medical and education institutions, are exempt from the EEOP requirement, but the grantee is required to submit a certification form to the OCR to claim the exemption. A copy of the certification form shall also be submitted to the ODCP. Information about civil rights obligations of grantees can be found at www.ojp.usdoj.gov/ocr . d. In accordance with Federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. All grant recipients, including contractors, will also comply with the Iowa Civil Rights Act. The Iowa Civil Rights Act, (IAC Ch 216), prohibits discrimination in employment because of a person's: Race, Creed, Color, Sex, Age, National Origin, Gender Identity, Sexual Orientation, Disability, or Religion. e. Grant recipients, if required, must make available, upon request, its Affirmative Action Program containing goals and time specifications. f. This contract may be suspended or terminated, in whole or in part, in the event of the Grant recipient's noncompliance with this section and the recipient may be declared ineligible for further contracts with ODCP. Additionally, ODCP may take further action by imposing other sanctions or invoking other remedies as provided by the Iowa Civil Rights Act of 1965 or as otherwise provided by law. g. The U.S. Department of Justice, Office of Civil Rights issued an advisory document for grant recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans. 30. Equal Treatment for Faith Based Organizations: The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, governing "Equal Treatment for Faith Based Organizations". The Equal Treatment Regulation provides in part that grant awards may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Grant recipients may still engage in inherently religious activities, but such activities must be separate in time or place from the grant funded program, and participation in such activities 13 Page 133 of 187 by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs funded through grant funding are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equalfbo.htm. 31. Lobbying Restrictions: The Grantee agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract or grant, and the Grantee receives Federal funds exceeding $100,000, the Grantee shall complete and submit standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions https://www.gsa.gov/forms-library/disclosure-lobbying-activities c. The Grantee shall require that the language of this certification be included in any subcontracts and that all contractors shall certify and disclose accordingly. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 32. Sanctuary Jurisdiction Grantee will comply with the provisions of 8 U.S.0 §1373 which addresses the exchange of information regarding citizenship and immigration status among federal, state, and local government entities and officials from "prohibit[ing] or in any way restrict[ing]" government officials or entities from sending to, or receiving from, federal immigration officers information concerning an individual's citizenship or immigration status. 33. Liability: a. If any provision contained herein is in conflict with any State or Federal law or shall be declared to be invalid by any court of record of this State, such invalidity shall affect only such portions as are declared invalid or in conflict with the law. Any remaining portion ruled valid by the court shall continue to be in effect. b. ODCP reserves all administrative, contractual and legal remedies, which are available in the event that the Grantee violates or breaches the terms of this contract. 34. Drug Task Force: 14 Page 134 of 187 Officers funded by the Office of Drug Control Policy who encounter minors who as a direct or indirect result of the presence and or the use of any illegal drug are at risk of exposure, abuse, or neglect shall at a minimum report the encounter to the Department of Human Services. Task forces are strongly encouraged to participate in a Drug Endangered Children program designed to identify and protect the wellbeing of these youth. 35.Drug Task Force Training: Each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete Department of Justice required online (internet-based) task force training. All task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When registering for the training, participants should use the preauthorization code QX6S4 36.Use of Force Training Metrics (Byrne JAG Grantees Only) Law enforcement agencies receiving director or sub -awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 37. NEPA Clandestine Methamphetamine Laboratories: This condition facilitates compliance with the provision of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter,"meth lab operations"]. No Federal monies from this award may be obligated to support meth lab operations unless the grant recipient implements this condition. The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program -level Environmental, health and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grant recipient for any OJP funded meth lab operations: a. The grant recipient shall comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. b. Grant recipients shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan 15 Page 135 of 187 will be used to ensure the adverse environmental, health, and safety impacts in the Assessment are mitigated in a manner consistent with the requirements of this condition. c. Grant recipients shall monitor grant funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. Methamphetamine Mitigation Conditions Where applicable, grant recipients shall: a) Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; b) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; c) As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; d) Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; e) Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; f) Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; g) Monitor the transport, disposal and recycling components of subparagraphs number "e" and "f' immediately above in order to ensure proper compliance; h) Have in place and implement a written agreement with the responsible State environmental agency. This agreement must provide that the responsible State environmental agency agrees to: (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory; and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the State environmental agency and in accordance with existing State and Federal requirements; i) Have in place and implement a written agreement with the responsible State or local service agencies to properly respond to any minor, as defined by State law, at the site. This agreement must ensure immediate response by qualified persons 16 Page 136 of 187 who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up tests, examinations, or health care made necessary as a result of methamphetamine toxicity; and j) Report all clandestine lab responses to the Iowa Division of Narcotics Enforcement using EPIC report form #143. Assistance in completing this form is available by calling 515/281-9054. 38. DUNS/SAM Registration: Grant recipient shall register and provide the Governor's Office of Drug Control Policy a Data Universal Number System (DUNS) number. The recipient shall maintain a current registration with the System for Award Management (SAM) for the duration of the grant project period. 39. Recipient Integrity and Performance The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) this award. Under certain circumstances, recipients of federal grant funds are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 40. Contested Cases — Administrative Procedure Act: Grantees who wish to contest the application of these standard grant conditions may do so in accordance with Chapter 17A of the Code of Iowa. 17 Revised 6/18/18 Page 137 of 187 Iowa Governor's Office of Drug Control Policy STANDARD GRANT CONDITIONS CERTIFICATION Legal Applicant & Program/Project Director On behalf of, (agency) I have read, understand, and agree to abide by the Standard Grant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program. (Legal Applicant — Print or Type) (Signature Legal Applicant) (Date) (Program/Project Director — Print or Type) (Signature Program/Project Director) (Date) Iowa Governor's Office of Drug Control Policy STANDARD GRANT CONDITIONS CERTIFICATION Contract Services (If Applicable) (contracting agency) has entered into an agreement with (Legal Applicant) to provide services through a grant provided by the Office of Drug Control Policy. The applicant agency has provided a copy of the standard grant conditions. I have read, understand, and agree to abide by the Standard Grant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program. (Signature Contracting Agency) (Date) 18 Page 138 of 187 CITY OF WATERLOO Council Communication Resolution approving an Ambulance Services Agreement with UnityPoint at Home dba UnityPoint Hospice for ambulance services, and authorize the Mayor to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department Reviewer Action Date p:::Ann Approved I/73/2 p"/ PM ATTACHMENTS: Description Type D A:nbu.a➢6 nce S °rviee Agreement Backup Ma SUBJECT: Resolution approving an Ambulance Services Agreement with UnityPoint at Home dba UnityPoint Hospice for ambulance services, and authorize the Mayor to execute said document. Submitted by: Submitted By: Lieutenant Jason Hernandez, Fire Rescue Recommended Action: Approve agreement. Summary Statement: This is a continuation of the original agreement signed in 2012 to provide ambulance hospice services to Unity Point. Page 139 of 187 AMBULANCE SERVICES AGREEMENT THIS AMBULANCES SERVICE AGREEMENT (the "Agreement") is made by and between UnityPoint at Home dba UnityPoint Hospice ("Hospice") City of Waterloo dba Waterloo Fire Rescue ("Company"). (Hospice and Company shall each be referred to as a "Party" and collectively referred to as the "Parties"). WHEREAS, Hospice provides services within Waterloo, Iowa and surrounding areas and desires to enter into an agreement to meet the medical transportation needs of its patients; and WHEREAS, Company is a state authorized and Medicare approved ambulance service provider in the business of providing medical transportation in Iowa and desires to provide such services to Hospice patients; and WHEREAS, Hospice must maintain control and coordination of services provided including the overall professional and administrative responsibility for the referral and acceptance of clients, services provided and manner furnished. Therefore, Hospice retains full authority and responsibility for professional and medical management of care for each of its patients and for ensuring that services provided by Company Providers under this Agreement are furnished in a safe and effective manner by qualified personnel and in accordance with applicable standards. NOW THEREFORE, in consideration of the foregoing premises and the following covenants and agreements, the Parties hereby agree as follows: ARTICLE I DUTIES AND OBLIGATIONS OF COMPANY Section 1.1 - Services. Company shall provide both emergent and non -emergent ambulance transportation to Hospice patients upon request by Hospice (the "Services") in accordance with the following standards and conditions. Services shall be provided twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year. a. Company shall respond to requests for non -emergent services in a timely manner based on a mutually agreed upon schedule. Company shall respond to requests for emergency services in accordance with any applicable laws or regulations. For any previously scheduled request to transport, Company shall arrive at the requested pick up location at the scheduled time. b. Facility expressly understands and acknowledges that Company may be unavailable at times due to high demand, emergencies or other unforeseen circumstances. Company will notify as soon as possible Facility when requests for Company under this Agreement cannot be honored to permit Facility to obtain the services of another provider. Facility understands that, in those instances where Company is unavailable, that Company has no responsibility to arrange or pay for the charges of a substitute provider or to pay Facility the difference, if any, between the contracted rate and the charges of any such substitute provider. c. All Services provided by Company pursuant to this Agreement shall be provided by qualified, licensed individuals who have a contractual or employment relationship with Company ("Providers"). Company must obtain background checks, including but not limited to licensure, orientation, competencies, criminal background checks, U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 140 of 187 OIG and other applicable exclusion list checks, dependent adult abuse checks, national sex offender registry check, immunizations, OSHA, HIPAA, and medical record requirements on staff who have direct contact with patients or access to patient's medical records. These background checks shall be completed at a minimum of every three (3) years. All Services rendered by Company through its Providers shall be in accordance with participation and reimbursement coverage requirements imposed by applicable governmental and other third party reimbursement sources. d. Hospice shall not be liable for patient's personal items that may be transported with the patient during transport. Section 1.2 - Contract Compliance. Company specifically agrees and warrants that all Services and/or products to be provided to Hospice under this Agreement will meet or exceed, and will comply with, all of the following, if and as applicable: a. All Medicare Conditions of Participation and Performance Standards, as amended or revised; b. All Accreditation Standards and Elements of Performance, as amended or revised; c. All federal, state, and local statutes, regulations and guidelines, as amended or revised; d. All relevant federal and state licensing and certification requirements, as amended or revised; e. Hospice's bylaws, policies, procedures, rules and procurement standards, as amended or revised; and f. Hospice's Compliance Policies, as amended or revised. Section 1.3 - Quality Assessment Performance Improvement Program and Reporting of Alleged Violations. a. Company must follow an incident tracking program for patient and employee events as well as patient complaints. Company must report all alleged violations involving mistreatment, neglect, or verbal, mental, sexual and physical abuse, including injuries of unknown source, and the misappropriation of patient property by anyone unrelated to the Hospice immediately to the Hospice and other appropriate authorities. b. The services provided under this Agreement may be monitored as part of the Hospice's Quality Assessment Performance Improvement ("QAPI") program. Incident reports, patient evaluations, chart audits, audits related to this Agreement, and other reviews pursuant to Hospice policies and procedures may be completed to verify compliance with the terms of this Agreement, Hospice policies, and all applicable regulations. Company personnel shall cooperate with the QAPI efforts of the Hospice. The provision of any Services and/or products by Company that fail to meet the above requirements, as applicable, shall be considered the provision of a deficient Service or product. 2 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 141 of 187 The provision of a deficient Service or product shall constitute a substantial and material breach of this Agreement and shall be grounds for the immediate termination of this Agreement by Hospice without any right of cure. Hospice shall be entitled to seek legal redress for any loss, claim or expense caused by the provision of any deficient Service or product via any legal or equitable remedy then available to Hospice. Section 1.4 - Ambulance and Equipment. All ambulances and equipment utilized by Company in providing Services pursuant to this Agreement shall be operated by Company unless provided pursuant to Section 1.1 and must meet all local, state and federal laws, regulations and standards for transporting patients. If Company transports neonates the Company shall also comply with relevant laws, regulations and standards for neonate transports. ARTICLE II BILLING AND PAYMENT Section 2.1 — Billing. a. Company shall be solely responsible for billing patients and/or third party reimbursement sources (collectively "reimbursement sources") for Services provided to Hospice patients by Company. Company shall keep all payments received from such reimbursement sources it bills as payment in full for Services rendered. b. Hospice shall be financially responsible for the Services provided by Company under this Agreement only when Hospice authorizes Company to bill Hospice for the Services upon providing Company a fully executed Authorization Form, substantially in conformity with Exhibit A attached hereto. c. Services for which Hospice is financially responsible shall be charged according to the current Medicare guidelines and rates unless alternative rates are mutually agreed upon and noted in an attached Exhibit. d. Hospice shall not be liable for any reason for denial of payment to Company by a reimbursement source, including but not limited to lack of medical necessity. e. If for any reason Company has received payment from both a payor and Hospice, Company should reimburse Hospice or payor accordingly for the additional payment. Section 2.2 — Invoices. Company shall submit to Hospice within sixty (60) days after the end of each month an invoice for Services rendered to each patient during the previous month for which Hospice is responsible for payment pursuant to Section 2.1. ARTICLE III TERM AND TERMINATION Section 3.1 - Effective Date: This Agreement shall become effective on December 15th, 2018 and shall be effective for twelve (12) months thereafter. After the initial term, this Agreement shall be automatically renewed for successive twelve (12) month periods. All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received 3 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 142 of 187 upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, as set forth below: For Hospice: UnityPoint at Home 11333 Aurora Ave Urbandale, IA 50322 Attn: Contracts For Company: City of Waterloo 425 E 3rd St Waterloo, IA 50703 Attn: Administrator Section 3.2 - Termination by Hospice. Hospice may terminate this Agreement effective immediately upon the occurrence of any one or more of the following events: • Company or any of its Providers ceases to be in good standing with licensing authorities; • In the reasonable judgment of Hospice, Company or any of its Providers poses a present danger to its patients; • Company fails to be covered by adequate insurance coverage as required by Section 4.1 of this Agreement; or • Company or any of its Providers is excluded, debarred, suspended, or otherwise ineligible for participation in any governmental health care programs, as defined in Section 5.1, or engages in fraudulent or dishonest practices or other misconduct in the rendering of Services under this Agreement. Section 3.3 — Termination With or Without Cause. Either Party upon thirty (30) days prior written notice may terminate this Agreement, with or without cause. Section 3.4 - Mutual Termination. This Agreement may be terminated at any time upon the mutual agreement of the Parties. ARTICLE IV INSURANCE Section 4.1 — Insurance Requirements. Company shall maintain professional liability insurance with a minimum liability limit of $1,000,000 for each incident, $3,000,000 in the aggregate and $1,000,000 in general liability insurance on behalf of itself and all of its Providers for the duration of this Agreement. Such policies of insurance shall provide that the insurance company may not cancel or modify any policy of insurance without providing Hospice thirty (30) days written notice. Company shall provide Hospice proof of the foregoing insurance coverage upon request. The insurance required by this paragraph may be provided through self- insurance, commercial insurance or a combination thereof. ARTICLE V EXCLUDED PROVIDER AND INDEMNIFICATION Section 5.1 — Governmental Health Care Programs. Each Party represents and warrants that neither it nor any of its owners, employees, affiliates, or subcontractors (collectively its "Agents") are or have been denied Medicare or Medicaid enrollment, have had its Medicare or Medicaid billing privileges revoked, or have been debarred, excluded or terminated from participation, and are not otherwise ineligible to participate, in a "Federal Healthcare Program" as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program and/or Medicaid. If either Party or any Agent of the Party should be excluded from participation, or 4 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 143 of 187 becomes otherwise ineligible to participate in any such program during the term of this Agreement, the Party will immediately, and in no event later than three (3) days after occurrence, notify the Other Party in writing of the event. Upon the occurrence of the event, whether or not such notice is given to the Other Party, the Other Party may immediately terminate this Agreement without penalty upon written notice to the ineligible Party. In the event of breach by the ineligible Party of the terms of this paragraph, the ineligible Party agrees to indemnify the Other Party for any expense or liability incurred by the Other Party arising from the ineligible Party's breach of its obligations under this paragraph. ARTICLE VI RELATIONSHIP OF PARTIES Section 6.1 - Independent Parties. This Agreement is an independent contract between Hospice and Company to provide the Services described in this Agreement. Neither Party shall be construed in any manner whatsoever to be an employee or agent of the other. Hospice shall not exercise any control or direction over the methods by which Company or any of its Providers perform their professional work and functions. The sole interest and responsibility of Hospice is to ensure that the Services provided under this Agreement are performed and rendered in a competent, efficient and satisfactory manner. Hospice has no legal obligations for payment of any compensation or benefits to Providers including, but not limited to, worker's compensation. Section 6.2 - Non -Exclusivity. Nothing in this Agreement shall be construed as to limit or restrict in any manner either Party's right to render the same or similar services as those covered by this Agreement to other individuals and entities, including but not limited to other acute care facilities. Nothing is this Agreement shall be construed as limiting or restricting in any manner Hospice's right to obtain the same or similar services as those provided by Company pursuant to this Agreement from other individuals or entities. Section 6.3 — Business Associate. For the services provided pursuant to the terms of this Agreement, both Parties agree that Company is not considered a Business Associate of Hospice. Company is a health care provider and/or a covered entity for HIPAA purposes. Company will be responsible for providing training to its workforce regarding patient confidentiality. In the event that there are additional HIPAA regulations issued or the Department of Health and Human Services issues clarification that makes it clear Company would be a HIPAA covered entity or business associate, the Parties agree at that time, to work together to amend the contract accordingly to ensure Company compliance with HIPAA regulations. ARTICLE VII ACCESS TO RECORDS Section 7.1 — Confidential Records. For four (4) years following the furnishing of Services pursuant to this Agreement, Company agrees to make available upon receipt of written request from the Secretary of Health and Human Services, the U.S. Comptroller General, any of their duly authorized representatives, or any duly authorized state agency, this Agreement and all books, documents and records of Company that are necessary to certify the extent of costs incurred by Hospice under this Agreement. This Agreement shall not be construed to permit access to books, records, or documents that are deemed confidential under any evidentiary privileges including, but not limited to, the attorney-client, doctor -patient or accountant -client privileges. 5 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 144 of 187 Section 7.2 — Records of Subcontractors. If Company carries out any of the duties of this Agreement through the use of a subcontract with any related organization or individual, whose work is valued at $10,000 or more over a twelve-month period, each contract between Company and said subcontractors must contain a provision incorporating the requirement outlined in Section 7.1 as applicable to the subcontractor. ARTICLE VIII NON- DISCRIMINATION Section 8.1 — Non-discrimination Clause. Company agrees that no person will be denied the benefits of or otherwise be subjected to discrimination under any program, Services or activity provided by Company on the grounds of age, race, creed, sex, color, religion, handicap, sexual orientation, marital status or national origin. ARTICLE IX INDEMNIFICATION Section 9.1 — Indemnification Generally. To the extent permitted by law, each Party shall indemnify and hold harmless the other Party against all actions, claims, demands, liabilities, loss, damage, costs, and expenses, including but not limited to reasonable attorneys' fees, arising directly or indirectly out of an actual or alleged injury to a person or to property as a result of the negligent or intentional act or omission of the Party or any of its employees, subcontractors, or agents providing Services under this Agreement or in connection with the Party's obligations under this Agreement, except to the extent any such loss, damage, costs, and expenses are caused by the negligence or intentional act or omission of the other Party, its officers, employees or agents. ARTICLE X MISCELLANEOUS Section 10.1 - Waiver. Neither the failure or any delay on the part of either Party to exercise any right, remedy, power or privilege ("Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any Right preclude any other or future exercise of the same or any other Right, nor shall any waiver of any Right with respect to any occurrence be construed as a waiver of such Right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver. Section 10.2 - Controlling Law. This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of Iowa. Section 10.3 - Assignment. The rights and obligations of Hospice under this Agreement will inure to the benefit of and be binding upon its successors and assigns. Company shall not assign this Agreement without the written consent of Hospice, which shall not be unreasonably withheld. Section 10.4 - Entire Agreement. This Agreement and all attachments thereto, including any exhibits and schedules, contain the entire understanding between the Parties hereto with respect to the subject matter hereof. This Agreement supersedes all prior and 6 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 145 of 187 contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written, except as stated herein. Neither this Agreement nor its attachments may be modified or amended other than by an agreement in writing signed by the Parties. Section 10.5 - Exhibits and Schedules. All exhibits, schedules, addenda or other attachments hereto are hereby incorporated by reference and made a part of this Agreement as though fully set forth herein. Section 10.6 - Compliance with Laws and Regulations. Notwithstanding anything to the contrary in this Agreement, in the event either Party, in consultation with counsel, develops a good faith concern that continued operation of this Agreement or any activity of the Company or Hospice is in violation of any applicable federal, state, or local law, regulation, order or policy issued under such law, such Party shall immediately notify the other Party in writing of such concern, including the specific activities giving rise to such concern and the reasons therefore. If a method for resolving such concern is not agreed upon within ten (10) days of such written notice, the activities described in the notice shall cease or be appropriately altered until the concern is resolved, and in addition, either Party shall at that time have the right to immediately terminate the Agreement. Section 10.7 - Changes in the Laws and Regulations. In the event any applicable federal, state or local law or regulation, order or policy issued under any such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect in the practical realization of the benefits anticipated by either Party, the adversely affected Party shall notify the other Party in writing of such a change and the effect of the change. Thereafter, the Parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement on a method for modifying this Agreement is not reached within thirty (30) days of such written notice, either Party may immediately terminate this Agreement. Section 10.8 - No Third Party Beneficiaries. This Agreement is entered into by and between Company and Hospice for their benefit. There is no intent by either Party to create, imply or establish a third party beneficiary or status or rights in any person except as expressly set forth in this Agreement, and no such third party shall have any right to enforce, or any right to enjoy, any benefit created or established under this Agreement. IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement by their duly authorized representative on the date first written above. UNITYPOINT AT HOME dba CITY OF WATERLOO dba WATERLOO UNITYPOINT HOSPICE FIRE RESCUE 've.((-.V( By: By: Printed: Marissa Smith Printed: Its: VP/Chief Compliance Officer Its: Date: December 5th, 2018 Date: 7 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 146 of 187 Exhibit A Ambulance Authorization Form Patient Name Date of Service (Company) UnityPoint Hospice (Hospice) herby authorizes the transport of the above named patient from: to By authorizing this transport, Hospice understands that it shall be responsible for payment of the above specified ambulance services to the ambulance company mentioned above. This authorization is specifically limited to ambulance services rendered to and from the above location (s) designated herein on the date mentioned above. Signature of Hospice Authorized Representative 8 Date U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 147 of 187 9 U:\Contracts\Professional Service Agreements\Ambulance and Medical Transport Agreements\City of Waterloo Ambulance Services (still renewing)\City of Waterloo dba Waterloo Fire Rescue- UPAH - Ambulance Services - (2018).docx - Stafford Page 148 of 187 CITY OF WATERLOO Council Communication Resolution approving the Otto Schoitz Foundation grant application in the amount of $100,000 in conjunction with the Waterloo Skatepark Project. City Council Meeting: 1/28/2019 Prepared: 1/18/2019 REVIEWERS: Department Reviewer Action Date Leisure Services Fluting, Paul /Approved /i8/2( {p6 p' N4.. Clark Office Even, LieArm Approved 1/22/2019 12 P M ATTACHMENTS: Description D Approval Noti O). D Schoitz 1..,0. D 1.)L 11 1 Pub! 1" uinun ; Non SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Cover IMn.no (:'over M �°aero (.'over M4 ll`rio Resolution approving the Otto Schoitz Foundation grant application in the amount of $100,000 in conjunction with the Waterloo Skatepark Project. Submitted By: Paul Huting, Leisure Services Director Approve resolution. Waterloo's Riverside Skatepark was heavily damaged by the flood of 2016 and needs to be replaced. Leisure Services has contracted with a skatepark design firm and is in the process of gathering public input for design of the new skatepark. A design meeting flyer is attached. Several funding sources are being sought for this estimated $350,000 project. This grant has no specific required match but we currently have $75,000 in CIP bond funds designated for this project. $75,000 in City of Waterloo CIP bond funding is currently designated for this project. A $100,000 grant application to Wellmark Foundation is also being submitted. A Letter of Intent for a $20,000 grant has been submitted to McElroy Trust. The balance of needed funding will be sought through other grant sources and next year's CIP. This plan for a new skatepark would support the City of Waterloo Strategic Plan, Strategy 4.5 - "Maintain City facilities that support quality of place". A Letter of Interest was submitted earlier to the Schoitz Foundation for the Skatepark project, resulting in an invitation to apply for a grant. A copy of that letter is attached, along with a copy of the submitted LOI. A City Council Resolution of approval is required for the full application. Page 149 of 187 PAUL HUTING From: MARK GALLAGHER Sent: Thursday, January 17, 2019 8:45 AM To: PAUL HUTING Subject: FW: Otto Schoitz Foundation LOI Approval & Invitation to Submit Full Proposal Organization: City of Waterloo/Leisure Services Form Name: Spring 2019 Grant Application Process Name: Spring Competitive Grant - 2019 Project Name: Waterloo Skatepark Project Dear Mr. Mark Gallagher, The Otto Schoitz Foundation is pleased to invite your organization to submit a full grant application for the project as outlined in your LOI. There is sufficient interest in your proposal that we would like more information to evaluate whether your project meets the Foundation's highest funding priorities. Please be advised, however, that this invitation does not imply a guarantee of funding. To access the application, log into your dashboard on the online grants management system. The application for this cycle is due February 15, 2019. We are available to answer questions at any time and, in fact, would enjoy meeting with you to review your grant proposal. If you would like to meet in person, please contact us via phone or email to arrange the specifics. Please note, the Otto Schoitz Foundation utilizes the online grants management system to generate email communication important to your application. The email address 4cimioi5tratg!AgrArytjptgrfacp.corn is used for these system -generated communications. Please ensure this address is not be blocked or filtered by your email service. Do not however use this email address to send correspondence; it is not established to receive incoming messages. We look forward to receiving your grant application. Sincerely, Otto Schoitz Foundation 319-232-2870 1 Page 150 of 187 ut I:_uf a yfi;:1(,: ;el Select Language LOI Waterloo Skatepark Project Process: Spring Competitive Grant - 2019 Contact Info Request Applicant: Mr. Mark Joseph Gallagher mark.gallagher@waterloo-ia.org waterloo-ia.org 319-291-0165 300 Jefferson Waterloo, IA 50701 United States Organization: City of Waterloo/Leisure Services 42-6005327 319-291-0165 300 Jefferson Waterloo, IA 50701 United States Contact Email History ,.. 1 MN 0 If your organization information does not appear correct, please contact the funder. Thank you. fl LOI Fields with an asterisk (*) are required. Overview Spring 2019 Grant Cycle ® LOI Packet ® Question List Thank you for your interest in applying for funding from the Otto Schoitz Foundation. As you know, the Otto Schoitz Foundation desires to improve the health and wellbeing of the Cedar Valley. Your request should demonstrate how funds would help achieve this goal. The first step in the application process is to complete and submit the Letter of Inquiry (LOI), which is the form that follows below, no later than January 11, 2019. https://www. grantinterface.com/Request/Submission/LOI?request=3996192 Par90f 187 Guiding Principles* Please indicate if you have read and understand the Otto Schoitz Foundation's Guiding Principles and Approach. The Guiding Principles and Approach will give you deeper insight into the type of projects the Foundation is interested in funding. Preference is towards: • projects changing individuals and communities • meeting the needs of the vulnerable • addressing root or primary causes • ideas with evidence of success and impact • impacting Waterloo, because of the greater needs • demonstrating a shared funding approach vo Yes No Organizational Information Organizational Purpose* Briefly describe the purpose 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 lifelong 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 1,067 characters left of 1,500 Organizational Structure* Please identify your organizational structure. v 501c3 as designated by the IRS • Governmental entity, such as municipality (or department thereof) or school district Assurance of No Competition - Background The Otto Schoitz Foundation was established in 2016 with an investment resulting from the transfer of Wheaton -IA hospitals/health facilities from Wheaton Franciscan Sisters to Mercy Health Network (MHN). As part of the transfer, MHN committed to continue operating the existing Wheaton hospitals/health facilities in substantially the same manner as before the transfer. Correspondingly, the Foundation's predecessors agreed to avoid using the investment in a manner that competed with MHN hospitals/health facilities. As a result, the Foundation is particularly attentive to, and cautious of, grant applications that are affiliated with organizations that may compete with MHN, including (but not limited to) all UnityPoint entities & https://www.grantinterface.conn/Request/Submission/LOl?request=3996192 Page�1N9f 187 vor affiliates. The Foundation is not opposed to the mission or people of these organizations in any way; rather, the Foundation is focused on remaining faithful to the legal requirements & the spirit of the transfer agreement. Competitive Organization* This restriction on competition applies to the grant funds absolutely. The restriction on competition applies to fiscal agents and fiscal sponsors and their associates even if, for example, the fiscal agent or sponsor does not necessarily directly compete against Wheaton Franciscan Healthcare and/or Mercy Health Network, or their affiliates. Grants will not be awarded for projects determined by the Otto Schoitz Foundation, in its sole discretion, to compete, or to appear to compete, with Wheaton Franciscan Healthcare and/or Mercy Health Network, or their affiliates. Are you an organization or affiliated with an organization that competes with Wheaton Franciscan Healthcare and/or Mercy Health Network and their affiliates OR does the proposed project invoke competition with these entities in any way? If so, answer Yes and do not complete this application. Yes • No " Project Information Project Title* Waterloo Skatepark Project Type of Request* To assist in making the choice for type of request, we use the following as general definitions for each category • Capacity building — funds for initiatives that improve the grant -seeker's effectiveness, in terms of organizational and financial stability, program quality, and growth — such as professional development for the grant -seeker's staff/board members or opportunities for peer learning, networking or leadership development. • Capital — funds to acquire long-term assets such as land, building and/or major equipment; major renovations and/or construction projects. • Operating — funds to support the organization's overall activities and mission, including administrative expenses and overhead. • Programmatic — funds for specific project or activity tied to project -based outcomes; typically involves services that directly touch the grant -seeker's clients. Capacity Building https: //www. grantinterface. com/Request/Submission/LOI?request=3 996192 Paypii 0187 :,..k0yQAe ��gt40f6 • Capital Operating Support Programmatic Support Community Need Being Addressed* Please describe the community need/issue being addressed by the proposed project Waterloo's Riverside Skatepark, located in Exchange Park, was heavily damaged by the flood of 2016 and is currently CLOSED. The skatepark was originally constructed in 2002 and was also severely damaged during the 2008 Cedar River flood. Currently Waterloo's skaters do not have a facility in Waterloo to pursue their chosen recreational pursuit. Skateboarding is a good outlet for area youth, providing healthy outdoor activity in a designated public setting. Such a facility lessens the potential for damage or ijury from skating in areas where skateboards are prohibited or unwelcome. A local group named the Cedarloo Skateboard Association has stepped up to advocate for the replacement of the Waterloo skatepark. 48 characters left of 1,000 Project Description* Briefly describe the pjeo. The Waterloo Leisure Services Commission is planning to remove the damaged Riverside skatepark and replace it with a new park located adjacent to nearby Straub Baseball Field at the intersection of Lafayette Street and Park Road, a site protected by the flood control levee. The proposed new site is accessible to the paved recreational trail system and will benefit from the existing parking lot and restroom adjacent tOthe site. /\nationally recognized skatepark design firm has been retained by Leisure Services to gather 45Ocharacters left of1.5OO Summarize Project Description* Provide a concise summary of Project Description response. This pjgctiatobui|donewanowakoteboardingparhtobettermeetthergonsaUona|negde of area youth. The new skatepark will be designed with public input, and will replace the closed and severely damaged park with a state-of-the-art facility. Ocharacters left of25O s Project goals and/or expected outcomes* Please describe the pject's top goals and/or expected outcomes. What results do you expect to achieve? PB 187 hnns:�vvv�p/. c.c000/Rcqucet/Snbnoinuiou/LOl?reguost~3g46l92 �7/2�{0- The primary goal of the project is to provide a new skatepark for area youth. A second related goal is to better meet the outdoor recreational needs of our community. A third goal is to construct a durable skatepark in a suitable location (out of the floodway) that will serve our community for many years to come. A fourth goal is to alleviate skateboarding in prohibited or unwelcome 0 100 characters left of 1,000 Targeted population* Describe the targeted population this project is intended to impact. This project is primarily targeted to positively impact children, teens and young adults in Waterloo and surrounding communities. 370 characters left of 500 \✓ Financial Information Project Budget* Please indicate the proposed project budget $ 350,000 OSF Requested funds* Please indicate the total dollar amount you are requesting from the Otto Schoitz Foundation $ 100,000 Use of Funds* Please describe how the funds you are requesting will be used. Otto Schoitz Foundation funds will be used along with City of Waterloo Capital Improvement funds and funds from multiple other area foundations and trusts to construct a new skatepark near Straub Field ball diamonds. 34 characters left of 250 Electronic Signature https://www. grantinterface.com/Request/Submission/LOI?request=3996192 Pailay9Of 187 efraui�if'ecvek, Page 60f6 Please noLe:bvemterimgyourimfonnabVnondsehscthmg"Uagree^.ymmama, 1. Certifying, to the best of your know|edge, all information included in this Letter of inquiry is compete and accurate; 2. And agreeing that your nserton of information in th8fo|UOVvhDg fields constetutes an eAectPOmiC signature. agree Date* n 01/07/2019 Name of Individual Submitting Lo|° Paul Huting Title of Individual Submitting Lor Leisure Services Director, City of Waterloo Once complete, you must submit the LOl; you will receive an automated email stating the LOl has been successfully submitted. IMPORTANT: The Otto Schoitz Foundation utilizes the online grants management system to generate email communication from the email address ad ministrator©grantinterface.com. As this communication is important to your application, please ensure this address is not blocked or filtered by your email service. Furthgr, do not send correspondence to this email address - it is not established to receive incoming messages. Pagge 156 of 187 11111111 11111111 lOsoll1111110,1132 11 AR VALLEY SPORTSPLEX 300 JEFFERS0 ST. \WATERLOO, IA 50701 ADE INPUT & SMAPE THE CITY Of Vt(ATERLO03 NEW SKATEPARK JANUARY 29, 2019 1 6:00 - 7:30 PM ri$7_zZ MULTkPURPOSE ROOM CMPR) SPOHN RANCH SKATEPARKS Page 157 of 187 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM for Design and Construction Administration and Inspection Services associated with a FY -2019 IDOT-funded list ofprojects at the Waterloo Regional Airport in the amount of $17,600, and authorize the Mayor to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/22/2019 REVIEWERS: Department Reviewer Action Date Airport Caspa:rn Keith .Approved I/22/2019 ... (perk; Office venin, 1:,e%n:m Approved. p /22/201.9 2,:Q14 ATTACHMENTS: Description Type D AECOM 1) ,n n Agreennn rr0 ('over Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving a Professional Services Agreement with AEC OM for Design and Construction Administration and Inspection Services associated with a FY -2019 IDOT-funded list ofprojects at the Waterloo Regional Airport in the amount of $17,600, and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Director of Aviation Approve of the request by Airport Staff, as listed above. This project request by Staff allows for the continued improvements to the City and Airport vertical infrastructure at Waterloo Regional Airport. See below "Background Information" for a description of projects to be completed. The total for the above design and CA&I services is a not to exceed total of: $17,600.00. 100% of the funds for both design, and future construction improvements, will be derived by the Iowa DOT's Office of Aviation, with fundng via the State's Rebuild Iowa Infrastructure Fund (RIIF). The Waterloo City Council approved the Iowa DOT Grant for a total of project funds at $102,354.00 on September 4, 2018. The list of projects for improvements, complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy Nos: 3.1, 3.4, 3.5 and 3.7. Goal No: 4. and Strategy No: 4.5. Page 158 of 187 Alternative: There were no project alternatives associated with this request by Staff. Background Information: Continues previously requested and approved projects for on-going vertical infrastructure requests by Airport Staff to City and Airport owned buildings at Waterloo Regional Airport. This particular requests, pending receipt of final bids, provides improvements to the following: 1. Exterior painting to Aircraft Storage T -Hangar (Row C) located on the East Side of the Airfield; 2. Replacement of antiquated interior light fixtures to Aircraft Storage T - Hangar Rows A -B -C; 3. Replacement of Interior Ceiling Mounted Light Fixtures on the First Floor of the Airline Passenger Terminal Building (Replacing current florescent light fixtures with energy and budget saving LED fixtures. 4. Installation of a twin -set of doors located in between two vacant airline ticket offices; and, 5. Replacement of Floor Covering (carpet) in the area of the first floor of the airline passenger terminal building. Note: Throughout the terminal building, there is an estimated $300,000+ of carpet in the terminal building, that needs replacement - first, and primarily on the first floor ticketing, lobby and baggage claim areas. IDOT now allows these RIIF funds to be used for this purpose. So, Staff will be using these funds in contrast with going through the City's annual CIP process - and over multiple phases, to complete the replacement of carpeting throughout the terminal building. Also, the replacement of light fixtures located in all three rows of General Aviation Aircraft Storage T -Hangars, and that of the airline passenger terminal, will overtime, not just payback for the cost of the fixtures, but the intent of staff is to reduce our electrical footprint and cost to operate the light fixtures - all with a goal to save on the Airport Dept.'s annual O&M budget. Legal Descriptions: Not Applicable for this request by Staff Page 159 of 187 ,4ECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com FY19 VERTICAL INFRASTRUCTURE PROJECTS IDOT PROJECT NO. 91190AL0200 IDOT CONTRACT NO. 20601 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description: See Attachment Scope of Services: See Attachment Compensation A. Compensation for services for this project shall be a cost plus fixed fee not to exceed Seventeen Thousand Six Hundred Dollars ($17,600.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated April 15, 2014. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By Quentin M. Hart, Mayor Douglas W. Schindel, P.E. Associate Vice President Date Date Page 160 of 187 AECOM SCOPE OF SERVICES FY19 VERTICAL INFRASTRUCTURE PROJECTS IDOT PROJECT NO. 91190ALO200 IDOT CONTRACT NO. 20601 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA 1. Project Description Page 2 The project is described as the projects associated with the Iowa Department of Transportation FY 2019 Vertical Infrastructure Projects. Projects identified in the grant include the following: 1. Terminal Lighting: Project will retrofit the interior lights in the public areas of the terminal building with LED units including the main terminal building entrance, ticket counter area, lobby area, bag claim and rental car areas. In addition to these modifications, occupancy sensors will be added to the lighting system to limit the amount of time that these light fixtures will be in use. 2. Hangar C Siding Repair and Exterior Paint: Project will complete repairs to the exterior siding, treat rusted areas and provide a new exterior paint system to extend the life of the structure. 3. Terminal Building Carpet: Project will replace carpet in the ticket counter areas of the terminal building with new commercial grade carpet tiles. 4. Hangars A, B and C Interior Lighting: Project will replace interior lighting in all t - hangar spaces and storage rooms with LED fixtures. Project will not update or replace conduit or wiring serving the fixtures. 5. Terminal Building Ticket Counter Door: Project will add an interior door between ticket counter offices to provide access between these unused spaces for potential lease. 11. Scope of Services The work to be performed by the Consultant includes the following tasks: 1. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. The record drawings of completed projects and utility information will be compiled as background information for the project. The Client shall coordinate with lease holders of the General Aviation T -Hangars so that the Consultant can gain access to these in a timely manner for the purpose of survey, investigation, and photographic documentation of their existing conditions. 2. Final Design. This task consists of the preparation of the final bid documents for this project, including specifications, drawings (as required) and cost estimates. The final plans and/or specifications will set forth the requirements of the design phase. 3. Final Project Specifications. This task consists of the preparation of specifications for the project. The specifications will be in compliance with current Page 161 of 187 ,4ECOM Page 3 City of Waterloo and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost. This task consists of the preparation of an estimate of construction costs based upon the plans and specifications. This statement of probable construction cost prepared by the Consultant represents the Consultant's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither the Consultant nor the Client has any control over the cost of labor, materials or equipment; over the contractors method of determining bid prices; or over competitive bidding or market conditions. Accordingly, the Consultant cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimates prepared by the Consultant. 5. Quality Review. This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel not directly involved in the project. 6. Bid Assistance. This task consists of assisting the Client in advertising for and receiving bids or quotes, analyzing the bids or quotes received and preparing a recommendation to the Client for award of contract. Project will be bid as three separate bid packages. 7. Bid Document Interpretation. This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. 8. Resident Review. This task consists of limited on-site construction review at key critical construction operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. 9. Project Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. O:\Administration\AGREE\PROF\ALO 2019 IDOT CSVI.doc Page 162 of 187 2019 Commerical Service Vertical Infrastructure Waterloo Regional Airport Waterloo, Iowa IDOT Project No. 91190ALO200 / Contract No. 20601 Engineering Services Consultant Cost Summary Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 12 $88.60 $1,063.20 Project Professional 42 $62.50 $2,625.00 Staff Professional 20 $48.45 $969.00 Professional 0 $31.65 $0.00 CADD Operator II 8 $36.45 $291.60 CADD Operator I 0 $25.50 $0.00 Senior Technician 24 $38.40 $921.60 Technician 0 $28.90 $0.00 Project Support 12 $33.30 $399.60 $6,270.00 118 II. Payroll Burden and Overhead Costs 136.85% $8,580.50 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 400 0.580 232.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 1200 0.06 72.00 Color Copies 50 0.22 11.00 Plan Copier 200 0.50 100.00 EDM Equipment 0 12.50 0.00 GPS Equipment 0 25.00 0.00 Nuclear Density Guage 0 40.00 0.00 Miscellaneous, Other 100.00 $515.00 IV. AECOM Estimated Actual Costs $15,365.50 Rounded $15,370.00 V. Subcontract Expense $0.00 VI. Estimated Actual Costs $15,370.00 VII. Fixed Fee (15% of Items I & II) Rounded $2,230.00 VIII. Maximum Amount Payable $17,600.00 Page 163 of 187 2019 Commerical Service Vertical Infrastructure Waterloo Regional Airport Waterloo, Iowa IDOT Project No. 91190ALO200 / Contract No. 20601 Engineering Services Staff Hour Estimate Item Description No. Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD Operator I Senior Technician Technician Project Support Totals 1 Data Collection & Review 4 8 12 2 Project Plans 8 8 8 24 3 Project Specifications 2 8 8 8 26 4 Estimate of Construction Cost 2 2 5 Quality Review 4 4 6 Bid Assistance 8 2 10 7 Bid Document Interpretation 8 8 8 Resident Review 24 24 9 Construction Administration 2 4 2 8 Total Engineering Services 12 42 20 0 8 0 24 0 12 118 Page 164 of 187 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of $32,567.23 in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/28/2019 Prepared: 1/22/2019 REVIEWERS: Department Reviewer Action Date .Engineering pCn ason, Jamie Approved i/22/2019 ... ,:rk Office ^;ven p:.eAnn Approved 1/2.3/201 ... ATTACHMENTS: Description D SUBJECT: Submitted by: Summary Statement: Source of Funds: Type C. ove11:' J\1en.io PM Motion approving Final Quantity Summary for a net increase of $32,567.23 in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 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 a net increase to the total project cost. Local Option Sales Tax. Page 165 of 187 CITY OF WATERLOO, OWA FINAL QUANTIY SUMMARY PROJECT: F.Y. 2018 ASPHALT OVERLAY PROGRAM , CONTRACT NO. 943 Date Prepared: January 22, 2019 AMOUNT: $ 32,567.23 Increase TO: Aspro, Inc. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contTact dated April 8, 2018. A. Description of change to be made or extra work to be done: Adjust. original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. Total Net Increase $32,567.23 CITY OF WATERLOO BY: Aspro, Inc. Mayor Date CONTRACTOR BY: ATTEST: City Clerk Date PRINTED NAME: lIJw TITLE: A44cJi ofiv-F Date APPROVED: ,,76.ty Engineer Date Page 166 of 1 7 81- 10 L91, abed F.Y. 2111& ASPHALT 0 4 PROGRAM I CONTRACT FINAL QUANTITY SUMMARY --- BFD 1 ' ASFRO I 0INAL FINAL QUANTITY ITEM I DESCRIP1IQN ( L2'TT LR4TT PRI, EE ' !1I'AhT(IY Q,(LAN7'1TY 1 IRE410VEC ANDREPLACE bVT1'H E -I L'SLEI' EACH S `3,396.00 1 0.00 - fi (IAO) 9.00 1,9 S (3595.00) S 3,150.00 RE'.r1OVEAND REPLACE E -1-C GSE IXING CASTING) [ EACH $ 3,150.001 8.00 IREMOVEAND REPLACE E -2-C (USE EXISTING CAST114G) EACH 5 4500.04 1.60 - (1.00) S (4500.00) 4 _ REl4OVEANDRFPLACE D.TAKEOOXOUTIE-I-C I EACI1 I S 1,650.00 200 1.00 (1AO) S (1.650,00; 5 .REMOVE AND REPLACE INTAKE BOXOUT/E-2-C i EACH I $ 2490,04 2006 !FU1INISHE-IL INLETCASTMG i EACH EACH IS 1,04409 2.40 3,00 1.00 S 1,000.00 7 'F ISH 0-1-0 DRIVE OVER IAJLET CASTING 5 2,150.00 1.00: 1.00 - 5 - 3 (REMOVE AND REPE.ACEMH 84X007 EACH 5 1.725.00 5,00' 200 (3.0011 5 (5,175,00) 9 ISUBDRAINOIftL.L'1'.... EACH S 150,00 8.001 11.00 3.4015 450.00 (0 1ST0ILM SEWER, 10' TRUSS LF 5 93.09 32.00 33.00E 7.00 i 5 99.00 II IRE3404ESIDEtVAIdC SF S 250 3H6201 2,55320 . (293.001; 5 (732-50) 12 'SIDEWALI£.4' PCC 5F 5 5.00 2,089,00 1 1.3(9.30 (209.709' 5 (1,348.50) (3 .SB)EK'AUC6'PCC SF $ 6.255 (,559.00€ 1510.30 (43,20)5$ 1253,OSZ 5 (30030) 14 ! PEDESTRIAN RAMP DETECTABLE WARNING SURFACE SF 5 35.35 255.00 's 244.00 (IO.CO)! 5 'TOPSOILREMOVAL FROM ?ARM,' G SY 5 16,75( 3'53.705 131.30 5197.40)5$ (3306.45) 16 RII30 REPLACE 24" C&G/9" PCC LF S 55,00 1 27550: 263.50 (13.00): 5 (525,00) IIFIJ[.I-T7EPTH PATCH OR DRIVEWAY, IiE'vL'REP 6 SY 5 60.40 144.50= 170201 (2420)1$ (1.452.00) (8 I RECYCLED ASPHALT TON S 62,50 237.00 5 17.66 1 (..1 34) 5 ((3,708,75}_ 19 I PAVEMENT SCARIFICATION SY 5 6.95 19,036.301 (9,336?0 20 MHi- 9VEDGE EACH 5 2,535,40 17.00 23.00 ( 6.00 5 15.:10.00 21 !CRACK AND SEAT SY 15 3AO 21331.30 666530: (6:26.007 S (27.304,40); _ ISLRFACE PATCH '= TON 5 S 250.00 I 26.00 6.99 ; (19.02 � 1.00 I S (4,752.50)5 23 SPEED HUMP EACH : 5 3,000.00 1.00 24 1HMA STANDARD TRAFFIC( 1NTCIiN,ED1ATE, Il?^MIX, PG 58.265, 6 R TON 5 I ]325 I 2,444,20 3,424,42 I 43022 5 50,07332 I 25 26 1H STANDARD';TRAFFIC(ST) SURFACE, 1(2' MLX, FG 58.235.75% CR, NO FR TON 1 $ 119,45 1 3,147.40 3,415.47 218.07 S 26,040.46 [HMA PAVEMENT SAMPLES AND TESTING 1S I S 3.x,00 I 1.40 1.00 - 0 - 27 !CASTING EXTENSION RING (INLET) EACH ! S 225.00 . (8.00) S 11,600.093 29 CASTING EXTENSION RING (MANHOLE} 1 EACH $ 640.00: 23.00 17.00 S 915.00 5 3,00 1.00 (6.00) (2.00) 5 13,940,001 5 11.830,001 29 IFC.'RNiSH AND INSTALL MANHOLE CASTING ;EACH 30 :PRE -C UT PAVE.V.E'TSYMBOLS 'EACH 5 440.00 1,00. 1.00 - ,5 - 31 PAINTED PAVEMENT;v:ARKINGS STA 5 55.00 63.63 5 69.43 I 5.35 ': 5 24421 32 :TRAFFIC CONTROL 3 1001 HIGH PERFORMANCE HMA SURFACE (NEi'VBLL ST. BRIOGE7 T4N 5 $ 174.00 31.95 31.46 - $ - 2001 3 FG'LG DEF'1T-t SAW CIIITING LF ! S 6.60 743.00 750.00 2,0000 i $ 13320 5 2042 1 PAVEh3ENT I(EMOVAL SY ' S (650 25550 246.40 5 0 5000 5 $ 8?5 2003 PCC PAVEMENT, (2" SY 5 $ 75.63 24559 246.5)0 5 03000 j $ 37.82 2004 TRAFFIC CONTROL IS S 884.00 1,00 I.Op $ - 3401 'CHOKFSTONE INTERLAYER TON 5 5 34.10 (48.17 14+5. (7 - $ - -_. . 4001 REMOVE AISD REPLACE MA*IHOi.E EACH S 3.773.00 5001 DEPTH PATCH SF 5 7,75 1 50.00 1,833.00 483.0090 $ 3.74325 5002 (IMA STANDARDTRAFFICI ST) SURFACE, IC_' MIX, PG 58.285, 75%CR, NO FR( TON 5 119.45 5 400.0(3 417.40 ; 17.0000 1 5 2,055.6_5 I 5003 PAIN1`ED PAVEMENT MARKINGS STA S 55.00: 71.70 13.40 1.3000 15 71.50 1 _- 5004 I CONTROL I IS $ 1,500,00 1.00 1,00 . S 1 INCRESEJDECREASE I $ 3',,,56723 I FAY ESTIMATE NI May 19, 2018 1 5 111,731.51 [ 5 PAY ESTIMATE (T3JLula 1.2_018 S 208.733.07 1__1____I PAY ESTIMATE R3 Junc 15, 2018 ---- 5 171,07132 PAY ESTIMATE 115 Juno 29.2016 5 19,948.14 FAYESTIMA`CElt51uly 13.2015 5 7,441.;3 i PAY ESTIMATE 6S July 23, 2418 S (1,363.68 PAY ESTIMATE 07 Aug -.5i C. 2019 1 S 206,026.86 PAY ESTIMATE r78 SQt4, 2618 5 4115(X738 PAY ESTIMATE 1t9 Scptert0:er 14, 2018 S 51,467.96 5 jj I PAY ESTIMATE 010 SCID la r 28, 2010 ' ! 5 29,919,20 5 i PAY 11 Cctthar 15,3010 1 $ 391.53 PAY ESTIMATE 012 C11tth 3I 2018 ; 5 69,53433 RETAINAGE S 64.915.97 I :. TOTAL PAYMENT 5 $ 1,364,550.81 - 0]UGINAL C05tTRACTAMOUNT ( $ 1,26 ,902.06, CI(ANGE ORDER 00 SIGNED BY CITY RSGINEER - S 5,433,'.0 5 i CHANGE ORDER 52 SIGNED BY CCL 5 28434.72 jj CHANGE ORDER 113 SIGNET} BY9TY FS(GI*IEER S 5,052.601 I CHANGE ORDER 54 SIGNED BY CITY FNGLNEER 5 5,775.00 I CHANGE ORDER 05 SIGNED BY COUNCIL 1 5 60356.00 1 d`. le- � �� ll- IFmAL*VA:VTTTYADIUSTMENT IS �.,56723I 1 FINALCON7RACT AMOUNT i5 1364554.81 e a (lv 4TWalvloo iJata CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc. of Waterloo, Iowa, in the amount of $1,364,550.81, in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and receive and file a two-year maintenance bond. City Council Meeting: 1/28/2019 Prepared: 1/22/2019 REVIEWERS: Department Reviewer Action Date Engineering .K/.nu Lson, Approved 1.9 5:09 P M ClIen1<_ Office Even, 11:,ehn nn Approved 1/23/2019 ... 1:49 0 M SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc. of Waterloo, Iowa, in the amount of $1,364,550.81, in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer Aspro, Inc. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Local Option Sales Tax Page 168 of 187 MAINTENANCE 130ND KNOW ALL MEN BY THESE PRESENTS: "{wad No, 2268683 That, Aspro, Inc. of Waterloo, Iowa as Principal, and the North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Waterloo, IA in the penal sum of One Million Three Hundred Sixty-four Thousand Five Hundred Fifty And ($ $1,364,550.81 ) 81/100 Dollars. lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executor's, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas. the said Principal entered into a certain contract. with City of Waterloo, IA To furnish all the material and labor necessary for the construction of FY 2018 Asphalt Overlay Program, Waterloo, IA - Contract No. 943 in Waterloo, Iowa in confortnity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from the date of acceptance of the work under said contract; and Whereas, the said North American Specialty Insurance Company for a valuable consideration, has agreed tn_join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, IA Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of Two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with alt the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to he. null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and scats this day of ,r/14/1/42y , kV/ A8 North Am'rican Specialty,. urance Company B Sure Dione R. Young rney-in-Fact SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH„ STACY VENN, DIONE R. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �t��� %A M-j1�i4j� aS10N,u .,:4 �4,.0o/tiGiif 4, 4'. 011PO .tiS p,4. By ?‘*"-I' Z 4". SEAL l'.41 . Steven P. Anderson, Senior Vice President of Washington International Insurance Company •S ;' ; y2. V u'S i r & Senior Vice President of North American Specialty Insurance Company �t 1 '% 1973 n al— LT 'n & Senior Vice President of Westport Insurance Corporation h ?,°C) \ By r y` 1 /',�� O Un1N�a,\` r nan��` R`� Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 3rd day of November , 20 17 North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation State of Illinois County of Cook On this 3rd day of ss: November , 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public . Starr of Aliin is My Comm;ssion Expires 12/041021 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this $ day of T/94/1/447 , h0'i 9 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation CITY OF WATERLOO Council Communication An ordinance amending Storm Water User Fees. City Council Meeting: 1/28/2019 Prepared: 1/23/2019 REVIEWERS: Department i^ cuurueeu nun>, Reviewer vera, e Ann ATTACHMENTS: Description D (ilOUAn Comrrbuarun a F rl�uu��ueai Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Action A pppr'a.uved Type Cover\4uo C over C140110 Date 11/13/2011 ... 3:40 PM Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Jamie Knutson, PE, City Engineer Approve Ordinance increasing fees storm water user fees. An Ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees. See Council Communication attached. Page 169 of 187 Nancy Higby From: MICHELLE WESTPHAL Sent: Monday, January 28, 2019 4:41 PM To: COUNCIL MEMBERS; LEANN EVEN; KELLEY FELCHLE; QUENTIN HART; Nancy Higby Subject: PUBLIC COMMENTS - STORM WATER FEE INCREASE Follow Up Flag: Follow up Flag Status: Flagged Nora Jean Csukker, 2853 Cedar Terrace Dr., 296-2153, is not in favor of the fee increase. She is snowed in, otherwise she would be at tonight's council meeting. Thank you. Michelle Westphal Executive Secretary to the Mayor City of Waterloo • 715 Mulberry Street • Waterloo, Iowa 50703 Phone: (319) 291-4301 mayor@waterloo-ia.org 1 STORM WATER USER FEE INCREASE January 21, 2019 The City of Waterloo adopted its current storm water fees on December 7, 2010. Since then there has not been an increase in the user fees, yet the number of projects that need to be constructed to control storm water have been increasing. See Appendix A for a map of the existing storm water projects. Currently the storm water fee pays for the storm water management program, maintenance of the City's storm sewer system, enforcement of storm water regulations, public education and outreach programs, storm sewer system studies, drainage way assessments, storm water staff, the City's annual IDNR storm water discharge permit and street sweeping. The current user fee is set up to differentiate between residential and commercial properties. Residential users currently pay a fee of $2.75 per dwelling unit/month. A fee reduction of $1.00 per month is available to those households that meet the City of Waterloo's low income guidelines. Commercial, industrial and institutional properties are charged a base fee of $2.75/month plus $2.75/month for each 5,000 square feet of impervious area. Impervious areas include buildings, driveways, sidewalks, parking lots, etc. Table 1.0 below shows how the City of Waterloo's current storm water user fees compares to other cities across the state of Iowa. Storm Water Fee Comparison City Residential Amount Residential Amount Per Month Per Year Davenport $ 2.72 $ 32.64 Waterloo $ 2.75 $ 33.00 Cedar Falls* $ 3.15 $ 37.80 West Des Moines $ 4.25 $ 51.00 Iowa City $ 4.50 $ 54.00 Ames $ 4.95 $ 59.40 Cedar Rapids $ 5.18 $ 62.16 Dubuque $ 6.81 $ 81.72 Des Moines $ 12.68 $ 152.16 Table 1.0 *The City of Cedar Falls just adopted a 5.0% increase each of the next five years to cover increasing storm water compliance costs. Currently listed in the Capital Improvements Plan (CIP) are approximately $30 million dollars in storm water projects that have been identified city-wide. Most of these projects are currently unfunded. Current CIP bonding has held steady at around seven million to eight million dollars Page 1 of 9 Page 170 of 187 per year. Storm water projects have been rated lower in priority than other projects and at the current CIP levels, the storm water projects never rate high enough to be funded. There are numerous possibilities that could be used to determine a rate increase but I will focus on three of them: 1. No increase 2. $1.25/month increase in all service types plus $0.25 increase for all service types for each year for 5 years 3. $3.00/month increase With no increase in the storm water user fee, current obligations such as storm sewer enforcement, maintenance of the storm sewer system, street sweeping and other required operations would continue but there would be very little revenue for construction projects and funding for construction of these projects would need to come from the CIP with an undetermined time frame to complete the projects. With a $1.25/month increase in the storm water user fee along with an increase of $0.25 each year for five years all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 20 to 25 years. With a $3.00/month increase in the storm water user fee all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 15 to 20 years. This increase would amount to a doubling the current storm water fee. This increase in revenue would be difficult to spend each year as there is only so much construction and so many contractors to complete the work during any given year. Table 2.0 below shows the existing rates for each property type and the proposed rate for 2019: STORM WATER USER FEE RATES Proposed Property Type Current 2019 Undeveloped Property $ - $ - Residential (1.0 ERU) $ 2.75 $ 4.00 Commercial/Industrial (Base) $ 2.75 $ 4.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 2.75 $ 4.00 Table 2.0 Page 2 of 9 Page 171 of 187 Along with the proposed increase for 2019, I am also proposing an increase in the user fee each year for the next 5 years. This is an increase is a $0.25/ month for each property type listed below. Table 3.0 below shows the proposed rates for each property type: STORM WATER USER FEE RATES Property Type 2020 2021 2022 2023 Undeveloped Property $ - $ - $ - $ - Residential (1.0 ERU) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (Base) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Table 3.0 If the City had installed an automatic rate increase of 3% each year from 2010 to 2019 the current monthly rate would be $3.60 versus the proposed $4.00 monthly rate and a 5% increase each year during that same time frame would result in a current user fee of $4.25 for 2019. Based on raising the fee to $4.00 per month, Waterloo will still be in the bottom one-third of what cities are charging for their storm water fee. If the user fee increase is approved, Appendix B shows the proposed list of storm water projects for the years 2019-2029. These projects would be subject to change based on factors such as property acquisition, economic development opportunities and funding availability. Please note that the projects listed are based on the assumption that after 2023 the storm water user fees continue to increase by $0.25/month until 2029 at which point the fee is projected to remain flat. Appendix C shows how the storm water user fee increase will affect non-residential property owners for 2019. I am asking the council to approve the rates as shown in Table 2.0 effective March 4, 2019 and the rates shown in Table 3.0 to be effective beginning January 1st of each year listed. Page 3 of 9 Page 172 of 187 APPENDIX A EXISTING STORM WATER MAP Page 4 of 9 Page 173 of 187 Ilowrc'+�eve <, hi Mrtmco'wW ND A VriZtr CLNUM POR IMPROVEML4 DETENTION OB$I'. ROX CULVERT IM STORM SEWER OI CHANNEL IMPRO WA I'M1'WL! DRY CREEK vvoalriERsvo APPENDIX B PROPOSED STORM WATER PROJECTS LIST YEARS 2019-2029 Page 6 of 9 Page 175 of 187 Proposed Storm Water Projects and Timeline Project 2019 2020 2021 2022 2023 2024 2025 Year Year Year Year Year Year Year Upton Detention Study $ 37,500.00 Upton Detention Design $ 125,000.00 Upton Detention Construction $ 550,000.00 Sunnyside (Martin Rd to BHC) Study $ 30,000.00 Sunnyside (Martin Rd to BHC) Design $ 125,000.00 Sunnyside (Martin Rd to BHC) Construction $ 500,000.00 $ 500,000.00 Sunnyside (Ridgeway Ave to Martin Rd) Study $ 150,000.00 Sunnyside (Ridgeway Ave to Martin Rd) Design $ 300,000.00 Sunnyside (Ridgeway Ave to Martin Rd) Construction Sunnyside (Ridgeway Ave to Martin Rd) Construction Sunnyside (Ridgeway Ave to Martin Rd) Construction Sunnyside (Ridgeway Ave to Martin Rd) Construction Sunnyside (San Marnan to Ridgeway) Study Sunnyside (San Marnan to Ridgeway) Design Sunnyside (San Marnan to Ridgeway) Construction Delane Detention Study Delane Detention Design Delane Detention Construction Delane Detention Construction Airline Hwy Storm Sewer Outlet Design $ 8,750.00 $ 35,000.00 $ 200,000.00 $ 1,100,000.00 $ 1,100,000.00 $ 200,000.00 Airline Hwy Storm Sewer Outlet Construction $ 500,000.00 Virden Creek Outlet (Hwy 63 to Virden Creek) Design Virden Creek Outlet (Hwy 63 to Virden Creek) Construction Virden Creek Outlet (Hwy 63 to Virden Creek) Construction Ridgeway Box Culvert Study Ridgeway Box Culvert Design Ridgeway Box Culvert Construction Pleasant Valley Drainage Improvements Study Pleasant Valley Drainage Improvements Design Pleasant Valley Drainage Improvements Construction Allen Hospital Drainage Improvements Study Allen Hospital Drainage Improvements Design Allen Hospital Drainage Improvements Construction $ 750,000.00 $ 750,000.00 $ 35,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 750,00C $ 50,000.00 $ 200,000.00 $ 800,00( $ 50,000.00 $ 200,00C APPENDIX C NON-RESIDENTIAL STORM WATER EXAMPLES Page 8 of 9 Page 177 of 187 Storm Water Examples Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 2.75 $ 13.75 $ 165.00 50,000.00 5,000.00 $ 2.75 $ 30.25 $ 363.00 100,000.00 5,000.00 $ 2.75 $ 57.75 $ 693.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 4.00 $ 20.00 $ 240.00 50,000.00 5,000.00 $ 4.00 $ 44.00 $ 528.00 100,000.00 5,000.00 $ 4.00 $ 84.00 $ 1,008.00 Proposed 2019 Commercial Area (sf) Total Increase 20,000.00 $ 75.00 50,000.00 $ 165.00 100,000.00 $ 315.00 Large Site Example Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 2.75 $ 5,502.75 $ 66,033.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 4.00 $ 8,002.75 $ 96,033.00 Proposed Increase $ 30,000.00 Page 9 of 9 Page 178 of 187 ORDINANCE NO. AN ORDINANCE AMENDING STORM WATER USER FEES PURSUANT TO SECTION 8-4-7 OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: C. Except as noted herein or in Chapter 4, Title 8 of the Code of Ordinances, each customer whose property lies within the corporate limits of the city shall pay to the city, through its collection agent, at the same time payment of city water, sewer and garbage services is made, the following user fees, regardless of the amount of water consumption by such customer: 1. Undeveloped Property: Zero dollars ($0.00) per month. 2. Residential: $4.00 per month per dwelling unit. 3. Commercial/Industrial: $4.00 base, plus $4.00 per ERU per month. D. The fees stated above will become effective with bills issued after July 1, 2019. E. July l st increase by 25 cents for each year after until 2023. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 20_, and approved by the Mayor on the day of , 20_. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Ordinance No. 4981 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk, of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4981, as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 20 . 20 . Witness my hand and seal of office this day of , SEAL Kelley Felchle, City Clerk CITY OF WATERLOO Council Communication An ordinance repealing and replacing Title Three, Chapter Four, Article A Pawnbrokers. City Council Meeting: 1/28/2019 Prepared: REVIEWERS: Department Reviewer Action Date i�oiace Department Approved 11/116/2,() ATTACHMENTS: Description D Ordinance SUBJECT: .1 Type Backup Ma: i Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers. Motion to suspend the rules. Motion to receive, file, consider, and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Major Joe Leibold Page 181 of 187 ARTICLE A. PAWNBROKERS 3-4A-1: Definitions 3-4A-2: Licenses Required 3-4A-3: License Criteria 3-4A-4: License Issuance 3-4A-5: License Stipulations and Fee 3-4A-6: Transaction Fee 3-4A-7: Records Register 3-4A-8: Inspections 3-4A-9: Law Enforcement Holds and Seizures 3-4A-10: Holding Periods 3-4A-11: Prohibited Acts 3-4A-12: Denial, Suspension or Revocation 3-4A-13: Penalty 3-4A-14: Hold Harmless 3-4A-1 Definitions: Pawnbroker means every person who makes loans or advancements upon pawn, pledge or deposit of personal property or who receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or who by advertisement, sign or otherwise holds himself or herself out as a pawnbroker. 3-4A-2 License required A. No person shall engage in the pawn business without first obtaining a pawnbroker license. B. All applicants for such licenses shall apply in writing to the city clerk. C. All license applications shall contain the following information: 1. The full name, residential address, business address, date of birth and social security number of all parties who have an ownership stake. 2. Where the applicant is a corporation or partnership, the names of the officer/partners and name and address of the local manger. D. The name and address of the owner of the business' premises. E. The business, occupation or employment of the applicant, including location thereof, for the two years immediately preceding the date of application. F. The arrest record of the applicant and whether the applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction. G. Assurance the applicant has a computer that can access the interne and utilize the automated pawn records system. H. Proof of $10,000 surety bond. Page 182 of 187 3-4A-3 License criteria Upon receipt of a pawnbroker license application, the city clerk shall forward a copy of the application to the chief of police and the zoning enforcement officer or their designees who shall review the application. The applicant shall furnish such evidence as may reasonably be required in support of the statements set forth in the application. The chief of police and the zoning enforcement officer or their designees shall report to the city clerk within 30 days of receipt of the application considering but not limited to the criteria of whether: A. The applicant or his or her agent or employee charged with receiving or distributing property has been convicted of a felony. However, if the conviction of a felony occurred more than five years before the application for a pawnbroker license and if such person's rights of citizenship have been restored by the governor, such conviction shall not be a bar to obtaining a pawnbroker license; B. The applicant has truthfully reported all relevant facts within the pawnbroker application; C. The applicant has such financial standing and good reputation to indicate that he or she will comply with all the laws of the state and the city; D. The applicant has a computer that can access the internet and utilize the automated pawn records system; and E. The pawnbroker's business complies with City of Waterloo zoning requirements, Iowa State Law and all relevant site plan regulations and guidelines. 3-4A-4 License issuance A. Upon receipt of an acceptable police and zoning report and the appropriate fees, the city clerk shall approve the application if the applicant has fully complied with all of the requirements of this division, and the city clerk shall thereupon issue a pawnbroker license to the applicant and forward a copy of such to the chief of police. 1. The license shall expire on December 31 after the date of issuance. 2. The license shall state the name, address and phone number of business licensed 3. The business to be transacted 4. The date of issuance and expiration of the license. B. If the city clerk determines that the applicant for a new or renewal license has not fully complied with all of the requirements of this ordinance or that the applicant has falsified his or her application, the city clerk shall, after consultation with the city attorney, deny the license. 1. The applicant then may appeal the clerk's decision to the City Council. C. Upon any change in any of the information required to be submitted as part of the application, licensee shall within five (5) days of such change notify the city clerk of said change, in writing, and in the event of a change of address for doing business, the license shall be returned to the city clerk and an amended license issued designating the new location. The amended license shall be valid for the length of time remaining on the original license. Page 183 of 187 3-4A-5 Stipulations and fees A. An applicant for a pawnbroker license shall submit a $50 application fee to the city clerk at the time of filing the application. The license fee will be required for renewal each January. B. An applicant who makes a late application for renewal of a pawnbroker license shall pay a late fee of $10 per month after January 1st. Failing to acquire the appropriate license by April 1st will require the person to close the business and face criminal and civil penalties. C. Any person operating several or separate pawn broking businesses shall pay the license fee and procure a license for each physical location. D. Violations in one licensed premises shall not be deemed violations in all premises licensed by that pawnbroker, unless there is a clear nexus for the violation and the business. E. Every licensed pawnbroker shall display his or her license conspicuously in the business so that it may be readily observed by all persons entering the premises. F. No pawnbroker license shall be sold or transferred. The purchaser of any pawnbroker business or of the majority of the stock of any corporation operating a pawnbroker business shall make application for and obtain a new license before operating such business at the location for which the license has been issued. 3-4A-6 Transaction fee A pawnbroker shall collect a transaction fee of $.50 per transaction. The transaction fee shall be collected by the licensee, from each customer, upon the initiation of each new pawn loan, and each transaction involving the purchasing of personal property. The pawnbroker shall pay to the city all transaction fees collected, by the 15th of the following month. a. Transaction Fees will be utilized to maintain and operate an electronic filing system to aid law enforcement in recovering stolen property. b. Transaction fees in excess of the amount needed to cover costs associated with maintaining the system will be reimbursed to the license holder to help offset the loss associated with stolen/recovered property seized by the Waterloo Police Department. The percent of reimbursement will be determined by dividing the funds available by the total seized property and then distributed based on percentage seized to each licensee. c. If all license holders have been made whole, remaining fees will be placed in a project account for the City of Waterloo to provide solvency to the system. 3-4A-7 Records Register A. Record Required: on each item or article at the time of pawning or purchasing said item, every license holder shall be required to keep a record in which the license holder shall accurately collect the following: 1. Date and time the item was presented Page 184 of 187 2. A detailed accurate description of the item 3. The serial and model number if available 4. Special characteristics or identifying marks 5. Amount paid, advanced or loaned for the item 6. A photocopy or digital copy a VALID State or Government Issued photo I.D. 7. A current address and telephone number from the person presenting the item. B. Failing to obtain and keep the above information, making false or fraudulent entries will be considered a simple misdemeanor with criminal charges, loss of license and fines. C. The Records Register shall be submitted electronically to the City of Waterloo or its authorized agents, at a minimum on each Monday by 9 AM. 1. If there are issues preventing the submission all items collected during that time, the following requirements apply: i. The licensee must record and submit the required information in another manner on the appropriate Monday. ii. All property received, will be held for 5 days from the time electronic submissions are restored 1. This holding period does not apply to the redemption of loan items. iii. If there are extenuating circumstances resulting in extended electronic downtime the Chief of Police or Designee will have the authority to waive the holding period. 2. Each entity is responsible to maintain data security and confidentiality of personal infonnation and is responsible for any and all breaches to in their respective systems. i. Confidential information shall include 1. Any and all personal information 2. Transactional Information that would give a business advantage to any participating organization. 3. Certain necessary information may be released by law enforcement for investigative or prosecution of criminal offenses as per Iowa Law. 3-4A-8 Inspections The license holder shall at all times permit a duly authorized Police Officer of the City of Waterloo to inspect the entire premises covered by the license, including all locked containers and all records having any relationship to the operation of the pawn business. No licensee, agent or employee shall refuse, resist or attempt to prevent a duly sworn police officer from examining the licensed premises for the purpose of discovering/recovering stolen property or any violation of this ordinance. 3-4A-9 Law Enforcement Holds and Seizures Page 185 of 187 A. The police are authorized to require a "hold" on property for investigative purposes. This hold requires the licensee to hold the property until such time the hold has been cleared. 1. If law enforcement has not cleared the hold or recovered the property within 15 days of placing the hold the licensee may dispose of the items as they deem appropriate. D. The police are authorized to seize property with a seizure notice; a copy of the receipt will be given to the licensee. 3-4A-10 Holding Periods 1. Any item pawned shall not be sold, transferred, altered, removed from the premise or otherwise disposed of for 15 days from the date the item was received by the licensee. a. However an individual may redeem said item that was pawned during or after the 15 day holding period at the discretion of the pawnbroker, provided there are no law enforcement holds. b. Items purchased for resale by the licensee shall be held for 15 days prior to being offered for sale. c. There is no hold required for items purchased from a wholesale vendor and sold as new. 3-4A-11 Prohibited Acts 1. No licensee shall receive property from any person under the age of 18. 2. No licensee shall receive property unless the seller presents a VALID State or Government Issued photo I.D. 3. No licensee will interfere with law enforcement investigations or recovery of stolen property. 4. No goods or merchandise shall be stored or continuously displayed on any public right of way. 3-4A-12 Denial, Suspension or Revocation 1. Any license under this article may be denied, suspended or revoked for any of the following reasons by the Waterloo City Clerk: a. Failing to conform to the Waterloo Zoning Ordinance b. Failing to comply with health, building and building maintenance of the City of Waterloo, Black Hawk County and/or the State of Iowa. c. Violating any provisions of this article d. Any type of fraud or deception. e. Failure to cooperate with lawful requests of City Officials. f. Failure to provide accurate information at the time of application. 2. All appeals of a license denial, suspension or revocation will be heard by the Waterloo City Council. Page 186 of 187 3-4A-13 Penalty Every person, agents and employees of the licensee who violate any provisions of this article shall upon conviction be guilty of a municipal infraction and fined as provided in subsection 1-3- 2C of this code. Each day a violation occurs shall constitute a separate offense. Page 187 of 187