The URL can be used to link to this page

Home My Public Portal About2021 0323 Council PacketRIVERDALE CITY COUNCIL AGENDA PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: March 23, 2021 TIME: Too P.M. Please Note: In accordance with Governor Reynolds's disaster decree and under Section 21.8 of the Code of the State of Iowa, this meeting will be held online and in person attendance at City Hall will be restricted to no more than ten people. To attend this meeting, please visit the City of Riverdale's website (www.riverdaleiowa.com) for attendance instructions. Links to the meeting and instructions for participating/observing the meeting telephonically will be provided on the City's website, posted for public notice and on all available social media channels. The regular meeting of the City Council of Riverdale, Iowa will be conducted according to the following order and actions will be considered on the items listed. The notice of this meeting is not considered final until 24 hours prior to the meeting and may be further modified if 24 hours' notice is impossible or impractical for good cause. In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state laws, all public hearings and meetings held or sponsored by the city of Riverdale, IA will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact City Hall at (563) 355-2511 five (5) days prior to the hearing or meeting to inform of their anticipated attendance. The requirement that an Ordinance be read three times before passage may be waived by council upon an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this process and be prepared to speak either for or against any ordinance at the time of first reading. Per Chapter 21 of the Iowa Code, more specifically described in sections 21.2 and 21.8, a member of the Council may attend the meeting either in person or by electronic means, as defined in said sections. 1. WELCOME 1.1 CALL TO ORDER 1.2 ROLL CALL 1.3 PLEDGE OF ALLEGIANCE 2. REVIEW/APPROVAL OF THE AGENDA 2.1. AGENDA ODIFICATIONS/ADJUSTMENT 2.1.1. Requests by Mayor/Council Members to Move Items off the Consent Agenda 2.1.2. Requests by Members of the Public to Address the Council KDR February 18, 2021 Riverdale City Council Agenda 1 March 23, 2021 7:00 p.m. Page 2 2.2. APPROVAL OF THE AMENDED AGENDA 2.2.1 PUBLIC HEARING ON THE PROPOSED URBAN RENEWAL PLAN & FIRST PROJECT THIS UNDER THIS PLAN BEWTEEN THE CITY OF RIVERDALE AND BELMONT DEVELOPMENT LLC 2.2.1.1 OPEN PUBLIC HEARING 2.2.1.2 PRESENTATION 2.2.1.3 PUBLIC COMMENT 2.2.1.4 CITY COUNCIL DISCUSSION 2.2.1.5 CLOSE PUBLIC HEARING 2.3 APPROVAL OF CONSENT AGENDA All items under the consent agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion. 2.3.1. Council Meeting Minutes March 9, 2021 2.3.2 Approval of Warrants for March 23, 2021 2.3.3. Approval of the Treasurer's Financial Reports 2nd half of month, March 2021 2.3.4. Approval of alcohol in Community Room on 08/21/2021 2 PRESENTATIONS AND PROJECT UPDATES Presentations regarding on -going work and projects by City staff and consultants. 2.1 CITY ADMINISTRATOR REPORT 2.1.1 Administrative Summary 2.2 MSA ENGINEER'S ACTIVITY REPORT 2.2.1 Project Review Summary 2.3 FIRE DEPARTMENT REPORT 2.3.1 RFD Report to Council 2.4 PUBLIC WORKS REPORT 2.4.1.1 Maintenance Report to Council 2.4.1.2 Report for 03/03/2021 — 02/10/2021 2.4.1.3 Report for 02/11/2021— 03/18/2021 3.5 WOODS ESTATES DEVELOPMENT REPORT 3.5.1 Developer's Report to Council KDR Agenda March 10, 2021 Riverdale City Council Agenda 1 March 23, 2021 7:00 p.m. Page 3 4. PUBLIC COMMENT ON AGENDA ITEMS Audience questions and comments for specific items on the agenda. The public is invited to comment on items on the approved agenda at this time. Audience members wishing to comment on items not on the agenda may offer comment at the public comment period near the end of the agenda. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 RESOLUTIONS 6.1.1 Resolution 2021-10- A Resolution Declaring Certain Property Surplus Property and Authorizing the Disposal Thereof 6.1.3 Resolution 2021-11-A Resolution Entering into an Engineering Services Agreement with MSA to perform the Sanitary Sewer Rehabilitation, Phase 2, for $16,000.00 6.1.5 Resolution 2021-12-A Resolution Authorizing the Mayor to Enter into a Five Year Agreement for the Maintenance and Repair of Primary Roads with the Iowa Department of Transportation in the City of Riverdale, Iowa 6.1.6 Resolution 2021-13-A Resolution determining an area of the City to be an economic development and blighted area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welare of the residents of the City; designing such area as appropriate for urban renewal projects; and adopting the Fenno Drive Urban Renewal Plan 6.1.7 Resolution 2021-14-A Resolution Approving and Authorizing Execution of a Development Agreement by and between the City of Riverdale and Belmont Development Properties, LLC. 6.1.4 Resolution 2021-15-A Resolution Entering into an Engineering Services Agreement with MSA to perform the Belmont Road Townhomes Plan and Plat Review for $6,000.00 6.1.8 Resolution 2021-16-A Resolution Considering the City of Riverdale's FY2o22 Budget 6.2 ORDINANCES 6.2.1 Ordinance 2021 -o1 -Amendment to Chapter 16o-Floodplain Management OTHER COUNCIL ACTION 7. DISCUSSION AGENDA 8.1 FIRE AND PUBLIC SAFETY 8.1.1 Plan for Helmets 8.1.2 Discussion for Long Range Planning for Capital, Training, and Positioning Department 8.1.3 Potentional Upcoming Fundraising Activities 8.2 BUDGET AND FINANCE 8.2.1 Status Report on FY22 Budget KDR Agenda March 10, 2021 Riverdale City Council Agenda March 23, 2021 7:oo p.m. 8.2.2 Status of Long -Range Budget Planning Process 8.3 STREETS AND PUBLIC WORKS 8.3.1 Update on Fenno Road 8.4 PARKS AND GROUNDS 8.4.1 Nothing at this time 8.5 Public Engagement/Involvement 8.5.1 Easter Egg Hunt per Council member Kelly Krell 8.5.2 Events Policy/Ordinance per Council member Kelly Krell 9. REPORT FROM THE MAYOR 9.1 INTERGOVERNMENTAL 9.2 28E AGREEMENT BODIES 9.3 EXECUTPJE ACTIONS 9.4 PROCLAMATIONS Page 4 10. GENERAL PUBLIC COMMENT/COMMUNICATIONS TO THE COUNCIL Audience questions and comments for issues not on the agenda. The public is invited to comment on items of individual or general concern. 11. ADJOURNMENT OTHER MEETINGS/CITY EVENTS OF NOTE (all meetings will be held online Public Hearing for FY2o22 Virtual Public Hearing:Adoption Virtual Public Hearing:Approval Regular City Council Meeting Easter Event Special City Council Meeting Planning and Zoning Regular City Council Meeting Planning & Zoning Meeting Regular City Council Meeting Regular City Council Meeting Regular City Council Meeting City Hall Closed Memorial Day Saturday, March 20, 2021 of the UR Plan Tuesday, March 23, 2021 of Development Agreement Tuesday, March 23, 2021 Tuesday, March 23, 2021 Sunday, March 28, 2021 Tuesday, March 30, 2021 Tuesday April 6, 2021 Tueday, April 13, 2021 Tuesday, April 22, 2021 Tuesday, April 27, 2021 Tueday, May 11, 2021 Tuesday, May 25, 2021 Tuesday, May 31, 2021 7: oo pm 7:00 pm 7:00 pm 7:00 pm 2:00 pm 7:00 pm 2:00 pm 7:00 pm 7:00 pm 7:00 pm 7:00 pm 7:00 pm All Day KDR Agenda March 10, 2021 FENNO DRIVE URBAN RENEWAL PLAN for the FENNO DRIVE URBAN RENEWAL AREA CITY OF RIVERDALE, IOWA March 2021 Revised Final Version TABLE OF CONTENTS SECTION A. INTRODUCTION B. DESCRIPTION OF THE URBAN RENEWAL AREA C. AREA DESIGNATION D. HISTORY AND PURPOSE E. BASE VALUE F. DEVELOPMENT PLAN G. PLAN OBJECTIVES H. TYPES OF RENEWAL ACTIVITIES I. ELIGIBLE URBAN RENEWAL PROJECTS J. FINANCIAL INFORMATION K. URBAN RENEWAL FINANCING L. PROPERTY ACQUISITION/DISPOSITION M. RELOCATION N. PROPERTY WITHIN AN URBAN REVITALIZATION AREA O. STATE AND LOCAL REQUIREMENTS P. SEVERABILITY Q. URBAN RENEWAL PLAN AMENDMENTS R. EFFECTIVE PERIOD EXHIBITS A. LEGAL DESCRIPTION OF FENNO DRIVE URBAN RENEWAL AREA B. FENNO DRIVE URBAN RENEWAL AREA MAP Revised Final Version Fenno Drive Urban Renewal Plan for the Fenno Drive Urban Renewal Area City of Riverdale, Iowa A. INTRODUCTION The Fenno Drive Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Fenno Drive Urban Renewal Area ("Area" or "Urban Renewal Area") has been developed to help local officials alleviate blighting conditions and influences and promote commercial economic development in the City of Riverdale, Iowa (the "City"). In order to achieve this objective, the City intends to undertake Urban Renewal activities pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. B. DESCRIPTION OF TIIE URBAN RENEWAL AREA The Urban Renewal Area is described in Exhibit "A" and illustrated in Exhibit "B." The City reserves the right to modify the boundaries of the Area at some future date. C. AREA DESIGNATION With the adoption of this Plan, the City designates this Urban Renewal Area as a mixed area containing property designated as blighted that is suitable for blight remediation activities, and property designated as appropriate for commercial economic development. D. HISTORY AND PURPOSE The Urban Renewal Area is being created in order to remediate blighting influences and to promote commercial economic development in the Area. For the purposes of urban renewal, Iowa Code Section 403.17(5) (2019) defines a "blighted area" as follows: "Blighted area" means an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; insanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination of these factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. A disaster area referred to in section 403.5, subsection 7, 3 Revised Final Version constitutes a "blighted area". "Blighted area" does not include real property assessed as agricultural property for purposes of property taxation. In August 2020, a blight assessment was completed on properties within the proposed Urban Renewal Area. The findings of the blight assessed were reported in the Engineering Assessment for Slum & Blight Inventory — August 2020. The report evaluated individual properties within the Area based on blighting factors considered under the Community Development Block Grant (CDBG) criteria. The report also evaluated infrastructure within the Area. The Engineering Assessment for Slum & Blight Inventory — August 2020 report identified a number of conditions that contribute to a "blighted area" under Iowa Code Section 403.17(5), including: • Fenno Drive is a deteriorating roadway with a defective and/or inadequate layout because it is not sized appropriately for emergency vehicle traffic. • The exterior structural elements of some residential structures in the Area, including foundations, decks, and porches, show signs of deterioration or aging, which create unsafe conditions. • Photos in the report evidence the overgrowth of vegetation and mold around and on several structures in the Area, which can contribute to the deterioration of improvements. In the course of preparing this Plan, City staff evaluated current conditions within the Area and identified the following additional conditions within the Area which are consistent with a "blighted area": • The layout of lots in the Area is faulty in relation to accessibility, as several lots within the Urban Renewal Area are not easily accessible for emergency vehicles. Furthermore, the faulty layout of the lots and inadequate size of Fenno Drive create conditions which endanger life and property by fire and other causes because emergency vehicles cannot appropriately respond to fires or other emergencies in this Area. Accordingly, these combined conditions impair the sound growth of the City in this Area and present a menace to the public health, safety, and welfare. • There are vacant/abandoned structures within the Area. Vacant structures are prone to deterioration and can house unknown dangerous conditions. Based in part on the conditions confirmed to exist within the Area by the Engineering Assessment for Slum & Blight Inventory — August 2020 report and by City staff review of current conditions (as summarized above), the City Council has determined that the Urban Renewal Area qualifies as a blighted area under Section 403.17(5) of the Code of Iowa (2019). Accordingly, the City Council has designated the Urban Renewal Area as a blighted area as well as an economic development area suitable for commercial economic development. E. BASE VALUE If the Urban Renewal Area is legally established, a Tax Increment Financing (TIE) Ordinance is adopted, and debt is certified prior to December 1, 2021, the taxable valuation as of January 1, 2020, will be considered the frozen "base valuation" of the taxable property within that area 4 Revised Final Version covered by the TIF ordinance. If a TIF Ordinance is not adopted until a later date, or debt is not first certified prior to December 1, 2021, the frozen "base value" will be the assessed value of the taxable property within that area covered by the TIF Ordinance as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt on the Area. F. DEVELOPMENT PLAN Riverdale has a general plan for the physical development of the City as a whole, outlined in the 2012-2032 Comprehensive Plan, adopted November 7, 2012. The goals and objectives proposed in this Plan, and the urban renewal projects described herein, are in conformity with the land use policies and plans for the development of the City as a whole established in the 2012-2032 Comprehensive Plan. The Urban Renewal Plan does not in any way replace the City's current land use planning or zoning regulation process. The land being included in the Urban Renewal Area is currently zoned as R-1 residential, but may be rezoned to R-2 multi -family, if needed, in accordance with the City's standard zoning processes. The need, if any, for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in this Plan. As the Area continues to develop, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. G. PLAN OBJECTIVES Renewal activities are designed to eliminate blighting influences and to provide opportunities, incentives, and sites for community economic development purposes. More specific objectives for development, revitalization, and alleviation of blight conditions within the Urban Renewal Area are as follows: 1. To eliminate blighting influences and promote revitalization, through public action and commitment, or by providing incentives to private persons or businesses, to acquire, rehabilitate, renovate, demolish, and/or redevelop existing structures or property. 2. To achieve a diversified, well-balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base. 3. To plan for and provide sufficient land for commercial development and for redevelopment of blighted properties in a manner that is efficient from the standpoint of providing municipal services. 4. To help develop a sound economic base that will serve as the foundation for future growth, development, and revitalization. 5 Revised Final Version 5. To provide for the installation and upgrade of public works, infrastructure, storm water, sanitary sewer treatment, water treatment, and related facilities which alleviate blighting influences and contribute to the development of the Area. 6. To provide a more marketable and attractive investment climate through the use of various federal, state, and local incentives. 7. To stimulate through public action and commitment, private investment in new development in order to revitalize the community. 8. To enhance the health, safety, living environment, general character, and general welfare of Riverdale, Iowa. 9. To promote development utilizing any other objectives allowed by Chapter 403 of the Code oflowa. 11. TYPES OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code oflowa including, but not limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments, including blight remediation projects. 2. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear, or prepare the property for redevelopment. 3. To dispose of property so acquired. 4. To provide for the construction of site -specific improvements, such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities. 5. To demolish existing blighted structures and to clear property for future development in order to alleviate blighting conditions. 6. To arrange for or cause to be provided the construction or repair of public infrastructure, and facilities including, but not limited to, streets and sidewalks, traffic lights, pedestrian safety measures, water mains, sanitary sewers, storm sewers, or other public facilities in connection with urban renewal projects which serve to revitalize the Area and alleviate blighting conditions and/or promote development within the Area. 7. To make loans, forgivable loans, grants, tax rebate payments, or other types of grants or incentives to private persons or businesses for economic development, revitalization or blight remediation purposes, on such terms as may be determined by the City Council. 6 Revised Final Version 8. To use tax increment financing to facilitate urban renewal projects, including, but not limited to, financing to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure. 9. To use tax increment revenues to help leverage grants, loans, or other assistance from the state and federal governments (such as providing the local match for such assistance) in support of projects or businesses that advance the objectives of this plan. 10. To borrow money and to provide security therefor. 11. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 12. To fund or help finance programs that will directly benefit blight remediation. 13. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic and housing conditions for the City of Riverdale and the State of Iowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. I ELIGIBLE URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, the eligible urban renewal projects under this Urban Renewal Plan include: 1. Public Improvement Projects: A. Reconstruction of Fenno Drive: The City expects to undertake the reconstruction of the portion of Fenno Drive included within the Area. The reconstruction project will remediate blighting conditions in the Area, as the current layout of Fenno Drive and surrounding lots makes Fenno Drive too narrow for emergency vehicle traffic to reach several lots. The City's costs for this project are anticipated not to exceed $391,000. B. Reconstruction of Fenno Road: The City expects to undertake the reconstruction of the portion of Fenno Road included within the Area. Fenno Road is currently in poor condition and has a steep grade. The steep grade, combined with the current surfacing of the road, creates difficulty for drivers attempting to stop at the intersection of Valley Drive, particularly in wintery or wet weather conditions. The reconstruction project will remediate blighting conditions in the Area, by resurfacing the road. The City's costs for this project are anticipated not to exceed $215,000. 2. Land Acquisition and/or Redevelopment — 1147 Fenno Drive: The City may consider acquiring the property locally known as 1147 Fenno Drive in order to facilitate the redevelopment of the property, or the City may offer an incentive to a private entity willing to 7 Revised Final Version acquire the 1147 Fenno Drive property and rehabilitate it for more beneficial uses. The City's costs for this project are anticipated not to exceed $265,000. 3. Development Agreements: A. Development Agreement with Windmiller Design Build, Inc. (or related entity): The City expects to consider a development agreement with Windmiller Design Build, Inc. (or a related entity) for the construction of a 12 -unit apartment complex, and all related site improvements. Construction for this project is anticipated to be completed in 2021. In exchange for the obligations of Windmiller Design Build Inc. (or a related entity) under the agreement, the City expects to make up annual payments of Economic Development Grants to Windmiller Design Build, Inc. (or a related entity) in the form of Tax Increment rebates. The Economic Development Grants would be funded through tax increment generated by the construction of the apartment complex. The costs of this agreement are not to exceed $436,000. B. Future Development Agreements: The City expects to consider requests for development agreements for projects that are consistent with this Plan, in the City's sole discretion. Such agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider a broad range of incentives as authorized by this Plan, including but not limited to land, loans, grants, tax rebates, infrastructure assistance and other incentives. The costs of such development agreements will not exceed $425,000. 4. Planning, Engineering Fees (for Urban Renewal Plans), Attorney Fees, Administrative, and Other Related Costs to Support Urban Renewal Projects and Planning: Project Estimated Date Estimated Cost to be Funded by TIF Funds Fees and Costs Undetermined Not to Exceed $85,000 J. FINANCIAL INFORMATION 1. July 1, 2020, Constitutional Debt Limit $4,803,761 2. Current Outstanding General Obligation Debt $305,000 3. Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for the Eligible Urban Renewal Projects has not yet been determined. This document is for planning purposes only. The estimated project costs in this Plan are estimates only and will be incurred and spent over a number of years. In no event will the City's constitutional debt limit be exceeded. The City Council will consider each project proposal on a case -by - case basis to determine if it is in the City's best interest to $1,817,000 This does not include financing costs related to debt issuance, which may be incurred over the life of the Area. 8 Revised Final Version participate before approving an urban renewal project or expense. It is further expected that such indebtedness, including interest on the same, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Eligible Urban Renewal Projects as described above will be approximately as stated in the next column: K. URBAN RENEWAL FINANCING The City of Riverdale intends to utilize various financing tools, such as those described below to successfully undertake the proposed urban renewal actions. The City has the statutory authority to use a variety of tools to finance physical improvements within the Area. These include: A. Tax Increment Financing. Under Section 403.19 of the Code of Iowa, urban renewal areas may utilize the tax increment financing mechanism to finance the costs of public improvements, economic development incentives, or other urban renewal projects. Upon creation of a tax increment district within the Area, by ordinance, the assessment base is frozen and the amount of tax revenue available from taxes paid on the difference between the frozen base and the increased value, if any, is segregated into a separate fund for the use by the City to pay costs of the eligible urban renewal projects. The increased taxes generated by any new development, above the base value, are distributed to the taxing entities, if not requested by the City, and in any event upon the expiration of the tax increment district. B. General Obligation Bonds. Under Division III of Chapter 384 and Chapter 403 of the Code of Iowa, the City has the authority to issue and sell general obligation bonds for specified essential and general corporate purposes, including the acquisition and construction of certain public improvements within the Area or incentives for development consistent with this Plan. Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the City. It may be, the City will elect to abate some or all of the debt service on these bonds with incremental taxes from this Area. The City may also determine to use tax increment financing to provide incentives such as cash grants, loans, tax rebates, or other incentives to developers or private entities in connection with the urban renewal projects identified in this Plan. In addition, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations, or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Area for urban renewal projects. Alternatively, the City may determine to use available funds for making such loans or grants or other incentives related to urban renewal projects. In any event, the City may determine to use tax increment financing to reimburse the City for any obligations or advances. 9 Revised Final Version Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. L. PROPERTY ACQUISITIONIDISPOSITION The City will follow any applicable requirements for the acquisition and disposition of property within the Urban Renewal Area. M. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal project; however, if any relocation is necessary, the City will follow all applicable relocation requirements. N. PROPERTY WITHIN AN URBAN REVITALIZATION AREA The Urban Renewal Area may (now or in the future) also be located within an established Urban Revitalization Area. Properties within the Urban Renewal Area shall not be eligible for tax abatement under an Urban Revitalization Plan without the Riverdale City Council's specific approval. The City Council, at its sole discretion, shall determine which incentives are available through either: (a) this Plan for urban renewal incentives, if any urban renewal incentives are offered by the City, at the City Council's sole discretion; or (b) tax abatement incentives through the City's Urban Revitalization Plan(s); or (c) a combination of urban renewal incentives and tax abatement incentives. O. STATE AND LOCAL REQUIREMENTS The City will comply with all State and local laws related to implementing this Urban Renewal Plan and its supporting documents. P. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan shall be held for any reason to be invalid, illegal, unauthorized, or unenforceable in any respect, such invalidity, illegality, un-authorization, or unenforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. Q. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons including, but not limited to, adding or deleting land, adding or amending urban renewal projects, or modifying goals or types of renewal activities. 10 Revised Final Version The City Council may amend this Plan in accordance with applicable State law. R. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and shall remain in effect until terminated by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, during the life of this Plan, the City Council may designate all or any portion of the property covered by this plan as a "tax increment area." The Urban Renewal Area is designated as a mixed area for the promotion of both economic development, as well as blight remediation and therefore, the Urban Renewal Area has no statutory sunset under Iowa Code Section 403.19 (2021). The division of revenue shall continue on the Urban Renewal Area for the maximum period allowed by law. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness, or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable. provisions of law. 11 Revised Final Version EXHIBIT A LEGAL DESCRIPTION OF FENNO DRIVE URBAN RENEWAL AREA Part of the Northeast Quarter of the Northeast Quarter, part of the Southeast Quarter of the Northeast Quarter, and part of the Northeast and Southeast Quarter of Section 23, Township 78 North, Range 4 East of the Fifth Principal Meridian, City of Riverdale, Scott County, Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Parcel Number 84232330211; thence southeasterly along the Northerly line of said Parcel Number 84232330211 to the Northwesterly corner of Parcel Number 8423230151; thence Southeasterly along the Northerly line of said Parcel Number 8423230151 to the Northwesterly corner of Parcel Number 8423230141; thence Southeasterly along the Northerly line of said Parcel Number 8423230141 to the Northeasterly corner of said Parcel Number 8423230141; thence Southerly along the Easterly line of said Parcel Number 8423230141 to the Northerly line of Parcel Number 842323007; thence Northeasterly along the Northerly line of said Parcel Number 842323007 to the Northeasterly corner of said Parcel Number 842323007; thence Southwesterly along the Easterly line of said Parcel Number 842323007 to the Southeasterly corner of said Parcel Number 842323007; thence Westerly along the Southerly line of said Parcel Number 842323007 to the North end of the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to the Northerly right of way line of Fenno Road; thence Southeasterly along the Northerly right of way line of Fenno Road to the Westerly right of way line of Valley Drive; thence Southwesterly along the Westerly right of way line of Valley Drive to the Northeasterly corner of Parcel Number 842326104-2; thence Southwesterly along the Easterly line of said Parcel Number 842326104-2 to the Southeasterly corner of said Parcel Number 842326104-2; thence Northwesterly along the Southerly line of said Parcel Number 842326104-2 to the Southwesterly corner of said Parcel Number 842326104-2; thence Northeasterly along the Westerly line of said Parcel Number 842326104-2 to the Southerly right of way line of Fenno Road; thence Northwesterly along the Southerly right of way line of Fenno Road to the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to a point 75 feet South of the centerline of said Fenno Road; thence Westerly at a right angle to the last described course to the Westerly right of way line of Fenno Drive; thence Northerly along the Westerly right of way line of Fenno Drive to the Southerly line of Parcel Number 84232330211; thence Northwesterly along the Southerly line of said Parcel Number 84232330211 to the Southwesterly corner of said Parcel Number 84232330211; thence Northerly along the Westerly line of said Parcel Number 84232330211 to the point of beginning. 12 Revised Final Version EXHIBIT B MAP OF FENNO DRIVE URBAN RENEWAL AREA BELMONT ROAD URBAN DEVELOPMENT PLAN EXHIBIT CITY OF RIVERDALE, SCOTT COUNTY, IOWA Point Of Beginning BACKGROUND LINE WORK FROM SCOTT COUNTY GIS MSA WINDMILLER CITY OF RIVERDALE SCOTT COUNTY, IOWA ICITY OF RIVERDALE EXHIBIT "e 5 1 OF 2. 01761489-1\22647-012 13 Revised Final Version RIVERDALE CITY COUNCIL MINUTES PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: March 9, 2021 TIME: 7:0o P.M. NOTE: The Regular Meeting of the City Council was held online and in -person at the appointed time and day in accordance with open meeting laws set and defined by the State of Iowa (Sections 21.2 and 21.8). 1. WELCOME -CALL TO ORDER -The meeting was called to order at 7: 00 pm by Mayor Mike Bawden, ROLL CALL -Council Members Present: DCamp (via online), Heddlesten (via online), Littrel (via online), Adams (Arrived at 7:o9Pm via online). Absent: Krell. Also present: Mayor Mike Bawden (via online), Engineer Chris Cooper (via online), City Administrator Kent Royster (via online), and other residents and visitors attending online. 2. APPROVAL OF THE CONSENT AGENDA -Motion by Littrel, seconded by Heddlesten. Roll Call: All Ayes. MC Warrants approved by Consent: CLAIMS REPORT VENDOR AFLAC AHLERS & COONEY, P.C. AVENUE RENTAL CENTURY LINK CITY OF BETTENDORF CITY OF DAVENPORT DAVEY TREE EXPERT COMPANY DEAN HALSEY DECCO FELD FIRE GOLD STAR FS INC IOWA AMERICAN WATER IOWA ASSOCIATION OF MUNICIPAL K&K TRUE VALUE HARDWARE KLINE SEWER & DRAIN METRO FIBERNET LLC MID -AMERICAN ENERGY CO. QUAD CITY TIMES & JOURNAL REPUBLIC SERVICES S&R LAWNCARE & SNOW REMOVAL SANDRY FIRE SUPPLY, LLC UNITYPOINT HEALTH -TRINITY Accounts Payable Total GENERAL TIF/URBAN RENEWAL SEWER TOTAL FUNDS REFERENCE INSURANCE FENNO DRIVE URP 1SL JD TRAC 317G, 1 TRAILER MONTHLY TELEPHONE SERVICE FULE CHARGES, JANUARY 2021 JANUARY 2021 SEWAGE TREATMENT EMERALD ASH BORER- 2 YR CYCLE Mar -21 CLEAN CAMERAS IN ALL DIRECTION COMPRESSOR, SAW BLADE, BULK SALT MONTHLY UTILITIES IAMU AFFILIATE MEMBERSHIP 2021 STAR CON LAG, LOCK NUT, ADAPTO HYDRO JETING, JETING SERVICE MONTHLY FIBERNET MONTHLY SERVICE REVISED MAX LEVY GARBAGE CONTRACT FEBRUARY SNOW REMOVAL SERVICE POWER UNIT OUTPATIENT SERVICES/COVID AMOUNT 65.14 1,819.00 412.5 1,43 258.51 5,076.66 412 375 404.46 11,398.00 5,294.08 74.38 450 88.85 33,914.00 102.2 1,503.05 277.81 7,242.39 18,880.00 566 300 88,915.46 36,704.42 13, 217.00 38,994.04 88,915.46 Payroll -March 2021 George Miller -$935.78, Kent Royster-$1961.46, Katie Enloe -$1533.89 Total -$4431.13 3. PRESENTATIONS AND PROJECT UPDATES See the packet for more detailed reports from the City Administrator, the MSA Engineer, Fire Department, and Public Works. Windmiller Development gave a presentation regarding the proposed upcoming project on Belmont Road. 4. PUBLIC COMMENT ON AGENDA ITEMS -Nothing at this time 5. UNFINISHED BUSINESS -Nothing at this time 6. NEW BUSINESS 6.1 RESOLUTIONS 6.2.1 Resolution 2021 -08 -Resolution fixing date for a public hearing on the proposal to enter into a Development Agreement with Belmont Development Properties, LLC. Moved by Littrel, seconded by DCamp. Roll Call: Ayes: Littrel, DCamp, Heddlesten. Nays: Adams. MC 6.2.2 Resolution 2021 -09 -Resolution to close out the CD with IHMVCU and move remaining funds to QCBT General Checking. Moved by Heddlesten, seconded by DCamp. Roll Ca11: All Ayes. MC 7. OTHER COUNCIL ACTION- Adams left the meeting at 9:o9pm. 8. DISCUSSION AND COMMITTEE REPORTS Council discussed the City's current leash law and ways to amend the Ordinance. They also discussed the mowing contract for next year and salt storage for next winter. Sunday, March 28, 2021 at 2:oopm at Peggy's Park is the City's drive -through community event. Each household should be receiving a flyer/order form. 9. REPORT FROM THE MAYOR -Nothing at this time. 10. GENERAL PUBLIC COMMENT/COMMUNICATIONS TO THE COUNCIL -Nothing at this time 11. ADJOURNMENT Motion to adjourn by Littrel, seconded by Heddlesten. All Ayes. The Regular Meeting of the City Council was formally adjourned at 9:15pm. FOR THE CITY OF RIVERDALE: ATTESTED BY: Mayor Michael Bawden Katie Enloe, Deputy City Clerk RIVERDALE TOWN HALL MEETING PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: March 16, 21 TIME: 7:oo P.M. Please Note: In accordance with Governor Reynolds's disaster decree and under Section 21.8 of the Code of the State of Iowa, this meeting will be held online. To attend this meeting, please visit the City of Riverdale's website (www.riverdaleiowa.com) for attendance instructions. Links to the meeting and instructions for participating /observing the meeting telephonically will be provided on the City's website, posted for public notice and on all available social media channels. WELCOME -CALL TO ORDER -The meeting was called to order at 7:00 p.m. by Mayor Mike Bawden, ROLL CALL -Council Members Present: Kevin Adams (via online). Also present: Mayor Mike Bawden (via online), City Administrator Kent Royster (via online), and several residents (via online). Mayor Mike Bawden reviewed the budget forms for FY22. He discussed creating a long-term financial plan, 3-5 years. Mayor Bawden and residents reviewed the expenditures for parks and trail for the FY22 budget. They also discussed money that was put into the budget for erosion control, getting rid of invasive species, storm sewer mainatence, and equipment repair and replacement. Some other expenses that were discussed were signage, salt storage and road work. A few residents and Council members would like a break down of expenditures. Mayor Bawden is writing up an in-depth memo of the budget expenditures and revenues. The City would like to keep $500,000 in reserve. The Budget Public Hearing is scheduled for March 20, 2021 at 7:oopm and it will be virtual. Meeting was adjourned at 8:11p.m. Michael Bawden, Mayor Attested By: Katie Enloe, Deputy City Clerk Thu Mar 18, 2021 10:06 AM CLAIMS REPORT Page 1 Check Range: 3/15/2021- 3/2312021 VENDOR NAME REFERENCE VENDOR CHECK AMOUNT TOTAL CHECK# DATE ADVANCED BUSINESS SYSTEMS AFLAC AMERICAN WATER BOHNSACK & FROMMELT LLP CENTURY LINK CITY OF DAVENPORT DECCO EFTPS PROCESSING CENTER EMC INSURANCE COMPANIES FELD FIRE HOPKINS & HUEBNER, P.C. IOWA AMERICAN WATER IPERS LINDQUIST FORD QC CLOWN AROUND QUAD CITY TIMES & JOURNAL STATE OF ILLINOIS STAYLOCK STORAGE - 68 TREASURER, STATE OF IOWA TWINSTATE TECHNICAL SERVICES VISA CONTRACT 3/11/21-4/10/21 AFLAC-AFTER TAX MONTHLY WATER USEAGE FEBRUARY ACCOUNTING SERVICES MONTHLY TELEPHONE SERVICE FEBRUARY 2021 SEWAGE TREATMENT REPAIR TRAFFIC SIGNAL CABINET FED/FICA TAX FD BUSINESS AUTO BATTERY PCB ASSY, 2007 SENSOR GNEERAL PROF SERVICES MONTHLY UTILITIES IPERS BODY SHOP EASTER EVENT MINUTES FEB 23, 2021 STATE TAX MARCH STORAGE STATE TAXES FEBRUARY SERVICES TRUCK REPAIRS Accounts Payable Total 104,52 68.38 15.60 2,500,00 240.04 6,111.36 1,120.00 2,945.60 37,482.00 1,247.72 720.00 27.20 2,368.49 5,705.19 150.00 96.12 184.65 208,00 1,373.00 367.75 2,399.72 65,435.34 7494 3/23/21 7521 3/23/21 7495 3/23/21 7496 3/23/21 7497 3/23/21 7498 3/23/21 7499 3/23/21 9225217 3/23/21 7500 3/23/21 7501 3/23/21 7502 3/23/21 7503 3/23/21 7520 3/23/21 7504 3/23/21 7505 3/23/21 7506 3/23/21 7522 3/23/21 7507 3/23/21 7519 3/23/21 7508 3/23/21 7493 3/15/21 APCLAIRP 12.08.20 City of Riverdale IA OPER: KE Thu Mar 18, 2021 10:06 AM CLAIMS REPORT Page 2 CLAIMS FUND SUMMARY FUND NAME AMOUNT 001 GENERAL 110 ROAD USE TAX 610 SEWER 58,944.48 193.77 6,297.09 TOTAL FUNDS 65,435.34 APCLAIRP 12.08.20 City of Riverdale IA OPER: KE PRUPDT00 Thu Mar 18, 2021 9:57 AM City of Riverdale IA 12.08.20 PAID THROUGH 3/22/2021 CHECK REGISTER CALENDAR 3/2021, FISCAL 9/2021 DATES 3/22/2021 -- 3/23/2021 OPER: KE JRNL 1039 LAST PR OF MONTH & QTR PAGE 1 CHECK NO DATE EMP NO PAY TO THE ORDER OF CHECK AMOUNT CLEARED VOIDED MANUAL 1 QUAD CITY BANK & TRUST 7509 3/23/2021 2 MARY FRANCES BLEVINS 7510 3/23/2021 8 DOUGLAS LITTREL 7511 3/23/2021 13 GEORGE T MILLER 7512 3/23/2021 21 MICHAEL T BAWDEN 7513 3/23/2021 22 ANTHONY D HEDDLESTEN 7514 3/23/2021 23 PAUL F D'CAMP 7515 3/23/2021 24 KELLY A KRELL 7516 3/23/2021 27 KEVIN L ADAMS 7517 3/23/2021 28 KENT D ROYSTER 7518 3/23/2021 29 KATIE 3 ENLOE BANK TOTAL 75,72 691.62 906,86 383.80 691.94 691.94 691.94 690.94 1961.46 1543.42 8329.64 REPORT TOTAL 8329.64 Thu Mar 18, 2021 10:09 AM TREASURER'S REPORT Page 1 CALENDAR 3/2021, FISCAL 9/2021 ACCOUNT TITLE LAST MONTH CHANGE IN ENDING END BALANCE RECEIVED DISBURSED LIABILITY BALANCE 001 GENERAL 453,318.19 17,539.11 107,021.39 1,060,54- 362,775,37 110 ROAD USE TAX 53,843,43 320,36 53,523.07 111 I -JOBS 121 LOCAL OPTION SALES TAX 286,018.34 286,018.34 125 TIF/URBAN RENEWAL 296,854,41- 79.49 13,217,00 309,991.92- 126 TIF 2 127 TIF 3 128 TIF 4 150 FIRE AWARDS 96.32 96.32 200 DEBT SERVICE 235,091.96 235,091.96 300 CAPITAL IMPROVEMENT LEV 73,373.31 73,373.31 301 CAPITAL RESERVE 334,366.49 334,366.49 302 ROAD REPLACEMENT 51,097.74 51,097.74 303 FIRE EQUIPMENT/REPLACEM 92,505,03 92,505.03 304 2011 CAPITAL PRO]ECT(BOND 610 SEWER 68,010.87- 8,899.96 45,484.68 7.60- 104,603.19- 611 SEWER - CAPITAL PROJECT 29,245,61- 29,245,61 - Report Total 1,185,599.92 26,518.56 166,043.43 1,068.14- 1,045,006.91 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Summary By: FUND Thu Mar 18, 2021 10:09 AM BUDGET REPORT Page 1 CALENDAR 3/2021, FISCAL 9/2021 PCT OF FISCAL YTD 75.0% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED FIRE TOTAL 99,250,00 25,736.84 55,707.61 56.13 43,542.39 ANIMAL CONTROL TOTAL 750.00 .00 50.00 6.67 700.00 OTHER PUBLIC SAFETY TOTAL .00 .00 18,459.19 .00 18,459.19 - PUBLIC SAFETY TOTAL 100,000.00 25,736,84 74,216.80 74.22 25,783.20 ROADS, BRIDGES, SIDEWALKS TOTA 51,132.00 6,726.08 14,856.80 29.06 36,275.20 STREET LIGHTING TOTAL 8,000.00 559.82 4,368.75 54,61 3,631.25 TRAFIC CONTROL & SAFETY TOTAL 5,000,00 1,637.19 4,128,13 82.56 871.87 SNOW REMOVAL TOTAL 28,501.00 25,777.81 76,568.88 268.65 48,067.88 - STREET CLEANING TOTAL 3,600.00 105.48 3,952.50 109.79 352.50 - GARBAGE TOTAL 48,000.00 7,242.39 36,105.18 75.22 11,894.82 STORM SEWER/DRAINAGE TOTAL 18,100.00 258.37 25,732.82 142.17 7,632,82 - OTHER PUBLIC WORKS TOTAL .00 639.00 894.00 .00 894.00 - PUBLIC WORKS TOTAL 162,333.00 42,946.14 166,607.06 102.63 4,274,06 - OTHER HEALTH/SOCIAL SERV TOTA .00 .00 5,115.00 .00 5,115.00 - HEALTH & SOCIAL SERVICES TOTA .00 .00 5,115.00 .00 5,115.00 - LIBRARY TOTAL 16,000.00 .00 7,966.00 49.79 8,034.00 PARKS TOTAL 53,000.00 1,132.80 56,969.34 107.49 3,969.34 - OTHER CULTURE/RECREATION TOTA 8,000.00 150.00 4,943.53 61.79 3,056.47 CULTURE & RECREATION TOTAL 77,000.00 1,282.80 69,878.87 90.75 7,121.13 COMMUNITY BEAUTIFICATION TOTA 20,000.00 .00 3,727.72 18.64 16,272,28 ECONOMIC DEVELOPMENT TOTAL .00 1,819.00 8,223.00 .00 8,223.00 - PLANNING & ZONING TOTAL 2,500.00 .00 .00 .00 2,500.00 OTHER COMM & ECO DEV TOTAL 7,500.00 .00 250.00 3.33 7,250.00 COMMUNITY & ECONOMIC DEV TOTA 30,000.00 1,819.00 12,200.72 40.67 17,799.28 MAYOR/COUNCIL/CITY MGR TOTAL 30,300.00 11,108.68 71,828.42 237.06 41,528.42- CLERK/TREASURER/ADM TOTAL 127,244.00 4,942.78 58,348.18 45.86 68,895.82 ELECTIONS TOTAL 4,000.00 .00 .00 .00 4,000.00 LEGAL SERVICES/ATTORNEY TOTAL 45,000.00 720.00 7,450.00 16,56 37,550.00 CITY HALL/GENERAL BLDGS TOTAL 76,900.00 20,604.51 110,874.95 144.18 33,974.95 - GENERAL GOVERNMENT TOTAL DEBT SERVICES TOTAL DEBT SERVICE TOTAL 283,444.00 37,375.97 248,501.55 87.67 34,942.45 317,713.00 .00 6,356.25 2.00 311,356.75 317,713.00 .00 6,356.25 2.00 311,356.75 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Mar 18, 2021 10:09 AM BUDGET REPORT Page 2 CALENDAR 3/2021, FISCAL 9/2021 PCT OF FISCAL YTD 75.0% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED ROADS, BRIDGES, SIDEWALKS TOTA 835,000.00 11,398.00 331,259.93 39.67 503,740.07 PARKS TOTAL .00 .00 23,550.00 .00 23,550.00 - CAPITAL PROJECTS TOTAL 835,000.00 11,398.00 354,809.93 42.49 480,190.07 SEWER/SEWAGE DISPOSAL TOTAL 525,000.00 45,484,68 237,804,10 45.30 287,195.90 ENTERPRISE FUNDS TOTAL 525,000.00 45,484.68 237,804.10 45.30 287,195,90 TRANSFERS IN/OUT TOTAL 40,000.00 TRANSFER OUT TOTAL 40,000.00 .00 442,745,51 1,106.86 402,745,51- .00 442,745,51 1,106.86 402,745.51 - TOTAL EXPENSES BY FUNCTION 2,370,490.00 166,043.43 1,618,235,79 68.27 752,254.21 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Mar 18, 2021 10:09 AM REVENUE REPORT Page 1 CALENDAR 3/2021, FISCAL 9/2021 PCT OF FISCAL YTD 75.0% BUDGET MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE ESTIMATE BALANCE BALANCE REND UNCOLLECTED GENERAL TOTAL 376,660.00 17,539,11 432,987.46 114.95 56,327.46 - ROAD USE TAX TOTAL 55,000,00 ,00 39,201.28 71.28 15,798.72 LOCAL OPTION SALES TAX TOTAL 110,000.00 ,00 91,379.98 83.07 18,620.02 TIF/URBAN RENEWAL TOTAL 800,000.00 79.49 1,990.11 .25 798,009.89 DEBT SERVICE TOTAL 321,713.00 .00 179,420.73 55.77 142,292.27 CAPITAL RESERVE TOTAL 44,728.00 .00 24,477,68 54.73 20,250.32 ROAD REPLACEMENT TOTAL .00 .00 403,266.92 .00 403,266.92- 2011 CAPITAL PROJECT(BOND TOTA .00 .00 15,014.54 .00 15,014.54 - SEWER TOTAL 625,000.00 8,899.96 60,275.21 9,64 564,724.79 TOTAL REVENUE BY FUND 2,338,101.00 26,518.56 1,273,523.71 54,47 1,064,577.29 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: RFUND Thu Mar 18, 2021 10:10 AM TREASURER'S REPORT Page 1 CALENDAR 2/2021, FISCAL 8/2021 ACCOUNT TITLE LAST MONTH CHANGE IN ENDING END BALANCE RECEIVED DISBURSED LIABILITY BALANCE 001 GENERAL 506,398.44 8,604.94 61,077.49 607.70- 453,318.19 110 ROAD USE TAX 227,455.23 3,608.87 177,220.67 53,843.43 111 I -JOBS 121 LOCAL OPTION SALES TAX 563,579.74 184.11 277,745.51 286,018.34 125 TIF/URBAN RENEWAL 263,143.91- 33,710.50 296,854.41- 126 TIF 2 127 TIF 3 128 TIF 4 150 FIRE AWARDS 96.32 96.32 200 DEBT SERVICE 235,022.92 69.04 235,091.96 300 CAPITAL IMPROVEMENT LEV 73,368.70 4.61 73,373.31 301 CAPITAL RESERVE 314,231.22 24,465.27 4,330.00 334,366.49 302 ROAD REPLACEMENT 352,169.18- 403,266.92 51,097.74 303 FIRE EQUIPMENT/REPLACEM 92,505.03 92,505.03 304 2011 CAPITAL PROJECT(BO 15,014.54- 15,014.54 610 SEWER 40,034.99- 3,497,16 31,473.58 .54 68,010.87- 611 SEWER - CAPITAL PROJECT 29,245.61- 29,245.61 - Report Total 1,313,049.37 458,715.46 585,557,75 607.16- 1,185,599.92 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Summary By: FUND Thu Mar 18, 2021 10:10 AM BUDGET REPORT Page 1 CALENDAR 2/2021, FISCAL 8/2021 PCT OF FISCAL YTD 66.6% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED FIRE TOTAL 99,250,00 11,145.83 29,970.77 30.20 69,279.23 ANIMAL CONTROL TOTAL 750.00 .00 50.00 6.67 700.00 OTHER PUBLIC SAFETY TOTAL .00 .00 18,459,19 .00 18,459.19 - PUBLIC SAFETY TOTAL 100,000.00 11,145.83 48,479.96 48.48 51,520.04 ROADS, BRIDGES, SIDEWALKS TOTA 51,132.00 807.00 8,130.72 15.90 43,001.28 STREET LIGHTING TOTAL 8,000.00 557.94 3,808.93 47.61 4,191,07 TRAFIC CONTROL & SAFETY TOTAL 5,000.00 114.44 2,490.94 49.82 2,509.06 SNOW REMOVAL TOTAL 28,501.00 29,469.39 50,791.07 178.21 22,290.07 - STREET CLEANING TOTAL 3,600.00 .00 3,847.02 106.86 247.02 - GARBAGE TOTAL 48,000.00 3,634.20 28,862.79 60.13 19,137,21 STORM SEWER/DRAINAGE TOTAL 18,100.00 81.89 25,474.45 140.74 7,374.45 - OTHER PUBLIC WORKS TOTAL .00 .00 255.00 .00 255.00 - PUBLIC WORKS TOTAL OTHER HEALTH/SOCIAL SERV TOTA 162,333.00 34,664.86 123,660.92 76.18 38,672.08 .00 .00 5,115.00 .00 5,115.00- Ek114 &90trAMERVIV101011 00" '!*"d15'"itSt00""....TT O 51117'S'.00- LIBRARY TOTAL 16,000.00 .00 7,966.00 49.79 8,034.00 PARKS TOTAL 53,000.00 192.23 55,836.54 105.35 2,836.54 - OTHER CULTURE/RECREATION TOTA 8,000.00 .00 4,793.53 59.92 3,206.47 CULTURE & RECREATION TOTAL 77,000.00 192.23 68,596.07 89.09 8,403.93 COMMUNITY BEAUTIFICATION TOTA 20,000.00 .00 3,727.72 18.64 16,272.28 ECONOMIC DEVELOPMENT TOTAL .00 .00 6,404.00 .00 6,404,00 - PLANNING & ZONING TOTAL 2,500.00 .00 .00 .00 2,500.00 OTHER COMM & ECO DEV TOTAL 7,500.00 .00 250.00 3.33 7,250.00 COMMUNITY & ECONOMIC DEV TOTA 30,000.00 .00 10, 381.72 34.61 19, 618.28 MAYOR/COUNCIL/CITY MGR TOTAL 30,300.00 6,546.98 60,719.74 200.40 30,419.74- CLERK/TREASURER/ADM TOTAL 127,244.00 4,289.41 53,405.40 41.97 73,838.60 ELECTIONS TOTAL 4,000.00 .00 .00 .00 4,000.00 LEGAL SERVICES/ATTORNEY TOTAL 45,000.00 360.00 6,730.00 14.96 38,270.00 CITY HALL/GENERAL BLDGS TOTAL 76,900.00 16,098.85 90,270.44 117.39 13,370.44 - GENERAL GOVERNMENT TOTAL DEBT SERVICES TOTAL 283,444.00 27,295.24 211,125.58 74.49 72,318.42 317,713.00 .00 6,356.25 2.00 311,356.75 DEBT SERVICE TOTAL 317,713.00 .00 6,356.25 2.00 311,356.75 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Mar 18, 2021 10:10 AM BUDGET REPORT Page 2 CALENDAR 2/2021, FISCAL 8/2021 PCT OF FISCAL YTD 66.6% TOTAL MID YTD PERCENT ACCOUNT NUMBER ACCOUNT. TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED ROADS, BRIDGES, SIDEWALKS TOTA 835,000,00 33,710,50 319,861.93 38.31 515,138.07 PARKS TOTAL .00 4,330.00 23,550.00 .00 23,550.00 - CAPITAL PROJECTS TOTAL 835,000.00 38,040.50 343,411,93 41.13 491,588.07 SEWER/SEWAGE DISPOSAL TOTAL ENTERPRISE FUNDS TOTAL TRANSFERS IN/OUT TOTAL TRANSFER OUT TOTAL 525,000.00 31,473.58 192,319.42 36.63 332,680.58 525,000.00 31,473.58 192,319.42 36.63 332,680.58 40,000.00 442,745.51 442,745.51 1,106,86 402,745.51- 40,000.00 442,745.51 442,745.51 1,106,86 402,745.51 - TOTAL EXPENSES BY FUNCTION 2,370,490.00 585,557.75 1,452,192.36 61.26 918,297.64 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Mar 18, 2021 10:10 AM REVENUE REPORT Page 1 CALENDAR 2/2021, FISCAL 8/2021 PCT OF FISCAL YTD 66.6% BUDGET MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE ESTIMATE BALANCE BALANCE RECVD UNCOLLECTED GENERAL TOTAL 376,660.00 8,604.94 415,448,35 110.30 38,788.35 - ROAD USE TAX TOTAL 55,000.00 3,608,87 39,201.28 71.28 15,798.72 LOCAL OPTION SALES TAX TOTAL 110,000.00 184.11 91,379.98 83.07 18,620.02 TIF/URBAN RENEWAL TOTAL 800,000.00 .00 1,910.62 .24 798,089.38 DEBT SERVICE TOTAL 321,713.00 69.04 179,420.73 55.77 142,292.27 CAPITAL IMPROVEMENT LEVY TOTA 5,000.00 4.61 25,509.80 510.20 20,509.80 - CAPITAL RESERVE TOTAL 44,728.00 24,465,27 24,477.68 54.73 20,250.32 ROAD REPLACEMENT TOTAL .00 403,266.92 403,266.92 .00 403,266.92- 2011 CAPITAL PROJECT(BOND TOTA .00 15,014.54 15,014.54 .00 15,014.54 - SEWER TOTAL 625,000.00 3,497.16 51,375.25 8.22 573,624.75 TOTAL REVENUE BY FUND 2,338,101.00 458,715,46 1,247,005.15 53.33 1,091,095.85 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: RFUND Thu Mar 18, 2021 10:10 AM BANK CASH REPORT Page 1 2021 BANK NAME FEBRUARY MARCH MARCH MARCH OUTSTANDING MAR BANK FUND GL NAME CASH BALANCE RECEIPTS DISBURSMENTS CASH BALANCE TRANSACTIONS BALANCE QUAD CITY BANK & TRUST BANK QUAD CITY BANK & TRUST 001 GENERAL FUND -CHECKING 370,444.45 17,540.36 108,083.18 279,901.63 001 GENERAL RESERVE -CHECKING 51,120.92 0.00 0.00 51,120.92 151,253.51 110 ROAD USE -CHECKING 53,843,43 0.00 320.36 53,523.07 586.47 111 I -JOBS -CHECKING 0.00 0.00 0.00 0,00 121 LOST -CHECKING 286,018.34 0.00 0.00 286,018.34 125 TIF-CHECKING 296,854.41- 79.49 13,217.00 309,991.92- 46,927.50 126 TIF 2 -CHECKING 0.00 0.00 0.00 0.00 127 TIF 3 -CHECKING 0.00 0.00 0.00 0.00 128 TIF 4 -CHECKING 0.00 0.00 0.00 0.00 150 FIRE AWARDS -CHECKING 96.32 0.00 0.00 96.32 200 DEBT SERVICE -CHECKING 235,091.96 0.00 0.00 235,091,96 300 CAP IMPROVE -CHECKING 73,373.31 0.00 0.00 73,373.31 301 CAPITAL RESERVE -CHECKING 126,423.96 0.00 0.00 126,423.96 301 CAPITAL IMPROVE LEVY -CHECKING 0.00 0.00 0.00 0.00 301 CAP IMPROVE RESERVE -CHECKING 102,195.44 0.00 0.00 102,195.44 4,330.00 302 ROAD REPLACEMENT -CHECKING 0.00 0.00 0.00 0.00 302 ROAD REPLACE RESERVE -CHECKING 51,097.74 0.00 0.00 51,097.74 303 FIRE EQUIP/REPLACE-CHECKING 41,407.29 0.00 0.00 41,407.29 303 FD REPL RESERVE -CHECKING 51,097.74 0.00 0.00 51,097.74 304 CAP PROJECT 2011 -CHECKING 0.00 0.00 0.00 0.00 610 SEWER -CHECKING 155,124.29- 8,899.96 45,492.28 191,716.61- 70,612.65 611 SEWER CAP PROJECT -CHECKING 29,245.61- 0.00 0.00 29,245.61 - DEPOSITS 26, 518.56 1, 067, 585.15 QUAD CITY BANK & TRUST TOTALS 960,986.59 26,519.81 167,112,82 820,393.58 247,191,57 1,067,585.15 TOTAL OF ALL BANKS 960,986.59 26,519.81 167,112.82 820,393.58 247,191.57 1,067,585.15 BKCASHRP 12.08.20 City of Riverdale IA OPER: KE Thu Mar 18, 2021 10:10 AM BANK CASH REPORT Page 1 2021 BANK NAME JANUARY FEBRUARY FEBRUARY FEBRUARY OUTSTANDING FEB BANK FUND GL NAME CASH BALANCE RECEIPTS DISBURSMENTS CASH BALANCE TRANSACTIONS BALANCE QUAD CITY BANK & TRUST BANK QUAD CITY BANK & TRUST 001 GENERAL FUND -CHECKING 423,537.37 8,592.27 61,685.19 370,444,45 001 GENERAL RESERVE -CHECKING 51,120,92 0.00 0.00 51,120,92 43,184.44 110 ROAD USE -CHECKING 227,455,23 3,608.87 177,220.67 53,843.43 253,36 111 I -JOBS -CHECKING 0.00 0.00 0.00 0.00 121 LOST -CHECKING 563,579,74 184.11 277,745,51 286,018.34 125 TIF-CHECKING 263,143.91- 0.00 33,710.50 296,854.41- 33,710.50 126 TIF 2 -CHECKING 0.00 0.00 0.00 0.00 127 TIF 3 -CHECKING 0.00 0.00 0.00 0.00 128 TIF 4 -CHECKING 0.00 0.00 0.00 0.00 150 FIRE AWARDS -CHECKING 96.32 0.00 0.00 96.32 200 DEBT SERVICE -CHECKING 235,022.92 69.04 0.00 235,091.96 300 CAP IMPROVE -CHECKING 73,368.70 4.61 0.00 73,373.31 301 CAPITAL RESERVE -CHECKING 130,753.96 0.00 4,330.00 126,423.96 301 CAPITAL IMPROVE LEVY -CHECKING 24,464,05- 24,464.05 0.00 0.00 301 CAP IMPROVE RESERVE -CHECKING 102,195,44 0.00 0.00 102,195.44 4,330.00 302 ROAD REPLACEMENT -CHECKING 403,266,92- 403,266.92 0.00 0.00 302 ROAD REPLACE RESERVE -CHECKING 51,097,74 0.00 0.00 51,097.74 303 FIRE EQUIP/REPLACE-CHECKING 41,407.29 0.00 0.00 41,407.29 303 FD REPL RESERVE -CHECKING 51,097.74 0.00 0.00 51,097.74 304 CAP PROJECT 2011 -CHECKING 15,014.54- 15,014.54 0.00 0.00 610 SEWER -CHECKING 127,147.41- 3,496.16 31,473.04 155,124.29- 25,120.26 611 SEWER CAP PROJECT -CHECKING 29,245,61- 0.00 0.00 29,245.61- 1,067,585.15 QUAD CITY BANK & TRUST TOTALS 1,088,450.93 458,700.57 586,164.91 960,986.59 106,598.56 1,067,585.15 TOTAL OF ALL BANKS 1,088,450.93 458,700.57 586,164.91 960,986.59 106,598.56 1,067,585.15 BKCASHRP 12.08.20 City of Riverdale IA OPER: KE I am requesting peiw ssion to serve alcohol at a function in the Riverdale Connmunity Room on n LA, 0 c 5\ ✓2 a CU B Today's date S © I Renter's name U'7 v\. (fi(.l, Address,. City, zip tat Vii C s- C ,rp,-., 0 r�„,N -�"- 3—' I. PROPOSED USE DETAILS Use date - Estimated attendance. <' 0 Begin time Event description , b (aj t r)r &.t/.: par1'7 Request. Council Approval for Alcohol? Yes or No If yes, a copy of Com attached before being placed on Council agenda. Copy of Insurance attached Yes or. No CITY OF RIVERDALE COMMUNITY ROOM FACILITY USE AGREENENT -` 1 Cell phone ^j(c,:T C1 Home. phone 97% 0." `C`/ a.m./p.m. End time a.m./p.m. Key # merciul/Homeowners Host Insurance policy must he TERMS AND CONDITIONS.:'. This Facility Use Agreement ("Agreement"): is made as of the date listed below between the City of Riverdale, Iowa ("Riverdale') and the undersigned renter (the "Renter"):.. Tlus agreement shall take effect November 1, 2015. In consideration of the mutual covenants and promises contained herein, Riverdale agrees to allow Renter to use the City of Riverdale Community Room (the "Room"), located at 110 Manor Drive, Riverdale, Iowa, at the date and time specified above and on the terms and conditions contained herein: The parties agree as follows: Renter agrees to comply with the Riverdale Community :Room Rules and Regulations, a copy of which has been provided to Renter, Renter agrees to use the Roomin compliance with local, state and federal law. The Room shall not be used for any Illegal purpose 3. Renter agrees to pay rent for use of the Room at a rate of $30 per event The rental fee is waived for the following groups; Alcoa, all Riverdale City Government groups including volunteer committees, boards, and Riverdale Firefighters Association Nonprofit groups that regularly use: the facility may apply for a reduced rate that will take into consideration if food or drink is served and the number ofregular attendees, Reduced Rate Applications and rate will be considered at a regular scheduled Council meeting. 4 All Renters agree that he/she/they is/are responsible for clean-up and for any damage to the facility and equipment that may result from use by Renter, his/her/its family and: guests Renter, agrees to pay a cleaning/damage deposit of $30. Riverdale agrees to return thefull clean-up/damage deposit to Renter after the event conditioned upon the immediate return of the Room key and satisfactory inspection of the Room and equipment;according to the Riverdale Community Room Rules: and Regulations The clean-up/damage deposit is waived for the following groups but they will remain responsible for damage replacement costs that occurredduring their rental: Alcoa, Scott Community College; the Pleasant Valley School District, regularly scheduled not for profit groups with approved separatecommunity room agreement, Renter is responsible for the behavior ofhis/her guests. Rente Community Room Rules and these Terms: and Conditions, IN CONSIDERATION FOR USE OF THE ROOM, RENTER AGREES THAT HE/SHE/THEY WILL USE THE ROOM EQUIPMENT AND FACILITIES AT RENTER'S SOLE RISK. RENTER FURTHER AGREES THAT:RIVERDALE WILL NOT BE RESPONSIBLE FOR ANY OR ALL INJURY, ILLNESS, LOSS, THEFT OR DAMAGE TO RENTER, RENTER'S PROPERTY, OR RENTER'S GUESTS BEFORE, DURING OR AFTER THE EVENT WHILE ON THE PREMISES. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS RIVERDALE FOR ANY AND ALL LOSS, DAMAGE, INJURY OR COSTS RENTER OR RENTER'S GUESTS MAY SUSTAIN DURING' OR AFTER THEIR PRESENCE AT THE ROOM AND/0R PARTICIPATION IN THE EVENT RENTER ..AGREES TO INDEMNIFY AND :HOLDS :. HARMLESS RIVERDALE FROM AND AGAINST ANY LOSS, DAMAGE,: INJURY 011 COSTS CAUSED BY RENTER'S ACTS 011 OMISSIONS, NEGLIGENCE, OR OTHERWISE,. INCLUDING ANY COSTS AND ATTORNEY FEES INCURRED THEREBY, ARISING OUT OF RENTER'S PRESENCE IN THE ROOM 011 PARTICIPATION IN THE EVENT. RENTER AGREES THAT:. THE FOREGOING RELEASE, WAIVER AND INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS I5 PERMITTED BY THE LAW OF IOWA AND THAT. IF ANY... PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SIIALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. 8, I have read this Facility Use. Agreement and the Rules and Regulations, fully understand and agreeto its terms and have signed it freelyand voluntarily. If Renter is a business, I acknowledge that I -am duly authorized to sign this Agreement on behalf of Renter: 7 Authorized signature �ti""— "'� • -a `�`''�` 1 Date J a. l Approved by e) ust ensure all people in attendance.. abide by the Riverdale Date Revised 11-17-2015 Administrative Summary March 17, 2021 Memorandum Date: March 18, 2021 To: Mayor Mike Bawden Members of the City Council From: City Administrator Kent Royster Re: City Administration Notes (03/04/2021-03/18/2021) Daily Items: 1. Bi-Centennial Park Clean-up We have removed all of the salt. Before March 26th the blocks will be removed from the park and temporary placed in at SCC truck parking. You will find that I have asked you to declare the blocks surplus property. Then I will attempt to find a buyer. If the City must stay with S & R Landscaping for the Winter of 2021-2022 they have stated that they will not need them because they are acquiring a larger salt truck. 2. Insurance Renewal I met with Jeff Young, of Arthur Gallagher. We discussed your insurance renewal and the claims we observed this year. As, I stated to the Mayor our rates only roughly to%. This is a great thing because our losses this year were up 149% compared to the previous year. And, considering the current state of the insurance industry in the middle of COVID, and other related disasters we should be excited. Administrative Summary March 17, 2021 Current/claims made this were: Vehicle $ 6,267.00 Closed Watermain $ - Storm Damage $ 2,250.00 Closed City Hall Roof $ 92,597.00 Closed Sanitary Sewer Clean out $ - Open Bike Club $ - Open Open Records $ - Closed Current and Renewal Rate Increases: 2020 Expiring 2021 Renewal Linebacker $ 2,050 $ 2,552 Auto $ 17,624 $ 19,033 General Liability $ 1,517 $ 1,783 Property $ 5,006 $ 6,123 Umbrella $ 2,383 $ 2,651 Workers' Comp $ 5,116 $ 5,340 AD&D $ 2,740 $ 2,743 Professional $ 8,476 $ 8,698 3. Update on Fenno Rd. We met with Iowa American Water on March 11th, 2021. And, as I stated in of report of last week. It when well. I should have a Memorandum of Understanding for your review at the April 13th Council Meeting. The responsibility break down similar to Iowa American Water City of Riverdale Demolition of Roadway $ 43,500 Reconstruction of of Roadway $ 112,600 Sanitary Sewer Fix of 1052 Valley Drive $ 35,000 Curb Cuts $ 11,000 Sub -grade $ 32,300 Storm Water Intakes $ 21,700 Sanitary Sewer Manholes $ 16,500 Administrative Summary March 17, 2021 4. Training and Update Notary I finally renewed my Notary License. I have also registered to Iowa Municipal Clerk in April 24 & 25. Sincerely, Kent Royster Ted Nellesen Iowa Department of Management 1007E Grand Ave G13 Des Moines, IA 50319 Via Email: ted.nellsen@iowa.gov Dear Mr. Nellesen, The City of Riverdale, Iowa would like to ask for an extension on the FY22 budget. The City is aware the due date is March 31, 2021 but has had some difficulties completing the budget and the budget forms due to COVID-19. Our City Hall was closed from November 23, 2020 to March 1, 2021. Residents were not allowed inside City Hall and employees were working from home. City Council meetings were also held virtually, making it difficult for some residents to attend. With online meetings, also comes technical difficulties which we also experienced. We are requesting a thirty -day extension to complete the budget in order for residents to be able to give adequate input and for employees to complete the required forms. Thank you for your consideration in this matter. Sincerely, Mike Bawden, Mayor City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 1 (563) 355-2511 www.riverdaleiowa.com 8 MSA PROJECT UPDATE CLIENT LIAISONS: Kevin Bailey, PE, Office Manager Phone: (563) 424-3701 Email: nwagner@msa-ps.com Christian R. Cooper, PE, CPESC. Phone: (563) 424-3696 Email: ccooper@msa-ps.com DATE: MARCH 23, 2021 WATER MAIN BREAK ON FENNO ROAD A Review of MSA Projects in Your Community City of Riverdale, IA As requested by the Mayor, MSA submitted a summary letter of budget costs in preparation for the March 11, 2021 meeting with Iowa American. MSA participated in the same meeting. Minutes of this meeting were sent to Administrator Royster and the Iowa American Water Company. PARKS MASTER PLANNING DOCUMENT AND DESIGN ASSISTANCE This project is almost complete. MSA has received feedback and is wrapping up this project. WOODS ESTATES - ADDITION 2 MSA has begun reviewing the constructed Addition 2 of Woods Estates. A letter requesting additional sanitary sewer manhole testing was sent to Administrator Royster. SANITARY SEWER REHABILITATION PROJECT — PHASE 2 Panorama Park has requested a draft Professional Service Agreement from MSA with the understanding that Panorama Park and Riverdale will partner on this project. MSA has prepared a proposed Professional Services Agreement for the City to consider. BELMONT ROAD TOWN HOMES MSA submitted a proposed Professional Services Agreement to review the plans and plats for this project. PROJECT UPDATE MSA Page 1 of 2 P:110800s110870s\10876\PROJECT UPDATES & MEETINGS1210323 Riverdale Project Update.docx PROJECT UPDATE City of Riverdale, IA March 9, 2021 BELMONT ROAD URBAN RENEWAL PLAN MSA is currently waiting for the next City steps in this project. COLLEGE DRIVE STORM WATER DRAINAGE ASSESSMENT MSA is holding on this project. BELMONT ROAD TIFF MSA is holding on this project. MISCELLANEOUS PROJECT UPDATE MSA Page 2 of 2 P:110800s\10870s\108761PROJECT UPDATES & MEETINGS\210323 Riverdale Project Update.docx Report Date: March 15, 2021 To: Members of the City Council Mayor Mike Bawden From: Fire Chief Chris Bernard Re: Report to Council for 3-3-21 to 3-15-2021 Calls: Fire and EMS call activity for the period included the following: • 3-9-21 Wires down 116 Bellingham Riverdale • 3-12-21 MAF 1895 Tam-o-Shanter Bettendorf • 3-12-21 MAF 3592 Middle Rd Bettendorf • 3-12-21 EMS 1777 Isle Pkwy Bettendorf Training: • Vehicle preventative maintenance • Rope rescue training Other Items: City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com Task name Task descr Start time End time Duration Duration in Note Tag Storm Water Mar 4, 202 Mar 4, 202 2:00:00 2 ISWEP Erotion Control Inspection' Storm Water Mar4, 202 Mar4, 202 2:00:00 2 Catch Streets Mar4, 202 Mar4, 202 2:00:00 2 Reflective Building Mar 4, 202 Mar 4, 202 1:00:00 1 Emails Storm Water Mar 5, 202 Mar 5, 202 2:00:00 2 Advanced construction site inspec Sanitary Sewer Mar 5, 202 Mar 5, 202 1:00:00 1 240 Ann Streets Mar 5, 202 Mar 5, 202 2:30:00 2.5 Fenno Rd Parks Mar 5, 202 Mar 5, 202 1:30:00 1.5 Picnic table repaired and prepped Building Mar 7, 202 Mar 7, 202 1:00:00 1 Emails Building Mar 8, 202 Mar 8, 202 1:00:00 1 Daily Parks Mar 8, 202 Mar 8, 202 5:00:00 5 Move Streets Mar 8, 202 Mar 8, 202 1:00:00 1 Dump asphalt cleaned up from Fei Building Mar 9, 202 Mar 9, 202 1:00:00 1 Emails Parks Mar 9, 202 Mar 9, 202 3:00:00 3 Salt clean Streets Mar 9, 202 Mar 9, 202 2:00:00 2 Litter pick Building Mar 9, 202 Mar 9, 202 1:00:00 1 Community room set up for Wedn Building Mar 10, 20 Mar 10, 20 1:00:00 1 Emails Streets Mar 10, 20 Mar 10, 20 3:00:00 3 Pick up Parks Mar 10, 20 Mar 10, 20 2:00:00 2 Litter pick Building Mar 10, 20 Mar 10, 20 1:00:00 1 Budget Task name Task descr Start time End time Duration Duration in Note Tag Building Mar 11, 20 Mar 11, 20 2:00:00 2 Emails Sanitary Sewer Mar 11, 20 Mar 11, 20 1:00:00 1 Water & sewer hook up at 288 Mz Snow/Salt Mar 11, 20 Mar 11, 20 2:00:00 2 Reorganiz General Maintenance Mar 11, 20 Mar 11, 20 1:30:00 1.5 Fuel truck Building Mar 12, 20 Mar 12, 20 1:00:00 1 Emails Streets Mar 12, 20 Mar 12, 20 3:00:00 3 Refresh Building Mar 12, 20 Mar 12, 20 1:30:00 1.5 Empty Building Mar 15, 20 Mar 15, 20 1:00:00 1 Emails Snow/Salt Mar 15, 20 Mar 15, 20 5:45:00 5.75 Start up Building Mar 15, 20 Mar 15, 20 1:30:00 1.5 Wasted Snow/Salt Mar 15, 20 Mar 15, 20 1:45:00 1.75 Plowing Building Mar 16, 20 Mar 16, 20 2:00:00 2 One call Snow/Salt Mar 16, 20 Mar 16, 20 2:30:00 2.5 Salt and Parks Mar 16, 20 Mar 16, 20 2:00:00 2 Spoke Building Mar 17, 20 Mar 17, 20 4:00:00 4 One call Woods Development Update March 17, 2021 Memorandum Date: March 18, 2021 To: Mayor Mike Bawden Members of the City Council From: City Administrator Kent Royster Re: Woods Development Update (03/04/2021-03/18/2021) Attached you will two memos. The first being a letter from the City of Bettendorf stating the Woods Development has met all requirements. The City of Bettendorf recommends the acceptance of the Woods Development However, they are unaware of the agreement between the City and Woods for additional test. I have sent Woods Development both reports. And, I am awaiting his reply. Building Permits 20. Bettei o a premier City 4403 Devils Glen Road • Bettendorf, Iowa 52722 • (563) 344-4055 March 16, 2021 Mr. Kent Royster City Administrator - Riverdale 110 Manor Drive Riverdale, IA 52722 Re: Woods Estates 2"d Addition Construction Observation Summary Dear Mr. Royster, Per our recent discussions, please accept this letter as a formal summary of the construction observation provided by the City of Bettendorf for the Woods Estates 2nd Addition. Bettendorf Engineering staff provided construction observation of all the public infrastructure (storm sewer, sanitary sewer and street paving) in accordance with Riverdale's Subdivision ordinance and the Iowa Statewide Urban Design and Specifications (SUDAS). The contractor for all of the above referenced construction was KE Flatwork, of Eldridge, Iowa. The following are the main salient observations: • All sewer grade sheets submitted by the contractor's survey firm (Xcel Consultants) were reviewed for conformance with the plans prior to beginning construction of those items. • All storm sewer was installed in conformance with the plans and specifications. Sewers were inspected via closed circuit televising. The initial televising revealed mud in the lines that had to be flushed and cleaned. Crews re -televised the sewers in February 2021 and found no deficiencies. • All sanitary sewer was installed in conformance with the plans and specifications. Sewers were air tested and mandrel tested after the required waiting period to allow for any trench consolidation and all passed. They were also inspected via closed circuit televising. The initial televising revealed mud in the lines that had to be flushed and cleaned. Crews re -televised the sewers in February 2021 and found no deficiencies. Please note that the sanitary sewer manholes were not vacuum tested as my staff was not aware of that requirement as Bettendorf does not require it. • All paving along Gwenyth Way, Chambers Drive and Graham Lane (please note street names have since been changed) was installed in conformance with the plans and specifications. All roadway subgrade was densified and compacted, with Terracon providing nuclear density tests to confirm conformance. Engineering staff also prepared concrete test cylinders for all paves, with Terracon providing the actual cylinder strength testing. All cylinders achieved a minimum strength of 4,000 psi at 28 days. There were a few paving areas that had to be removed and replaced due to unacceptable joint finishing, but those were satisfactorily completed. • Copies of all Engineering staff daily reports, field drawings, Terracon reports, sewer televising and the final as -built drawings are being included with this summary. Based upon the previous observations, I would recommend Riverdale acceptance of the Woods Estates 2°d Addition. If you have any questions or concerns about the information provided, please feel free to contact me at (563) 344-4063. Sincerely, a-, -tee Brent 0. Morlok, P.E., LEED AP City Engineer MSA March 17, 2021 Mr. Kent Royster City Administrator City of Riverdale 110 Manor Drive Riverdale, Iowa 52722 Re: Woods Estates - Addition 2 City of Riverdale Dear Administrator Royster: Prior to beginning construction on the Woods Estates Project, the City of Riverdale established that the new sanitary manholes would be required to successfully pass a vacuum test. At the completion of Addition 1, but prior to acceptance by the City, the Contractor requested an alternative to a vacuum test. The Contractor was allowed to perform sanitary manhole exfiltration tests on the sanitary manholes in Addition 1. A copy of the requirements of this test is attached. The City of Bettendorf did not perform or observe this test. This test has not yet been completed for the new sanitary sewer manholes in Addition 2. Mr. Woods' contractor may hire their own testing firm. If the City indicates it is acceptable, MSA can also observe these tests. Please let us know how Mr. Woods would like to proceed. Respectfully Yours, MSA Professional Services, Inc. 2117 State Street Suite 200 Bettendorf, IA 52722 P (563) 445-3501 TF (888) 732-6321 F (563) 445-3503 www.rnsa-ps.com (41",), Christian R. Cooper, P.E., CPESC. Project Engineer Enclosure m 2021 MSA Professional Services G:110110876 \ 10676077 \Correspondence110676077 210316 Manhole Ezfiltration Testdocx Standard Details and Specifications Revised 12/2007 C. Observe the inside of manhole. If moisture is observed around manhole barrel joints or at pipe connections, then make repairs necessary to stop infiltration. If no infiltration is observed, then proceed to step 3. Exfiltration Test: 1. Plug pipes in manhole; remove water in manhole; observe plugs over perioc of not less than 2 hours to ensure there is no leakage into manhole. Fill manholes the 2. l , niC P, oundvv..t.,, I.,vcl ut..;J.. „,ul l,.d.,. evening before the day l`r Fill manhole with water to within 4 inches of top of cover frame. 41O.7 . --Ht toot, of testing. nlInui rpnnhnln fn nnnlr frnm minim„m of A Inn; re tn-movimnrn of 79 hnnrs; after soak period, adjust water level inside manhole to within 4 inches of top of covcr cone. fr-afree- 4. Measure water level from top of manhole frame; at end of 4 hour test period, again measure water level from top of manhole frame; compute drop in water level during test period. 5. Manhole exfiltration test is considered satisfactory when drop in water level is less than values listed in table below: Manhole Depth (feet) Allowable Leakage (Inches for Manhole Diameter) 4 feet 5 feet 6 feet 4 0.11 0.14 0.17 6 0.17 0.21 0.26 8 0.23 0.29 0.35 10 0.28 0.35 0.42 12 0.34 0.43 0.51 14 0.40 0.50 0.60 16 0.45 0.56 0.68 18 0.51 0.64 0.77 20 0.57 0.71 0.86 22 0.62 0.78 0.93 24 0.68 0.85 1.02 26 0.74 0.93 1.11 28 0.79 0.99 1.19 30 0.85 1.06 1.28 6. When unsatisfactory test results are achieved, repair manhole and retes until result meets criteria; repair visible leaks regardless of quantity of leakage. END OF SECTION City of Lancaster Sewer and Manhole Testing 330132-4 Surplus Property March 17, 2021 Memorandum Date: March 19, 2021 To: Mayor Mike Bawden Members of the City Council From: City Administrator Kent Royster Re: Resolution 2021-10 Surplus Property Introduction I am asking you to formally declare items surplus property. Several of these items are no longer working and are at the end of their usefulness. The next step for the these will be to sell them. In particular we will be seeking bids for in particular the salt blocks. The tables and chair are fully used. 60. RESOLUTION 2021-10 A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS PROPERTY AND AUTHORIZING THE DISPOSAL THEREOF WHEREAS, the City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa; WHEREAS, the City is the sole owner of the equipment listed in Section 1 which is to be declared surplus property; and WHEREAS, this surplus property should be disposed of to prevent further decline in value thereof; and WHEREAS, the disposal of excess property is in the best interests of the City of Riverdale, Iowa NOW THEREFORE BE IT RESOLVED by the City Council of the City of Riverdale, Iowa as follows: Section 1. The property listed below is hereby declared as surplus property: Description Quantity 24V Dewalt sawzall 2 Husqvarna weed eater motor/base 18V Dewalt hammer/drill 1 Corded sawzall 3 Tables 10 Chairs 80 Cement blocks 30 Section 2. The surplus property the subject of this resolution shall be disposed of in accordance with applicable Federal, State, and City guidelines. Passed and approved this 23rd day of March 2021. Michael Bawden, Mayor ATTEST: Katie Enloe, Deputy City Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com RESOLUTION 2021-11 A RESOLUTION AUTHORIZING $16,000.00 FOR THE SANITARY SEWER REHABILITATION, PHASE 2 WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, upon review and consideration of correspondence from City Engineer, MSA Professional Services, their Project Engineer, Christian R. Cooper, P.E., CPESC, concerning the cast -in -place -pipe lining of all sanitary sewers rated a 5 or 4, and; WHEREAS, in addition the recommendation included the replacement of frames and lids, as well as constructing an exterior chimney seal for 15 manholes, and; WHEREAS, it is assumed that the City of Riverdale and the City of Panorama Park will bid their projects as combined. If this does occur, the lump sum fee indicated in the Professional Services Agreement ($16,000) will need to be increased by an amendment to our Professional Services Agreement, and; WHEREAS, it is not certain if the City of Panorama Park will accept their Alternative A for contract award. There, the scope of work for this Professional Services Agreement is limited. When the final project is intended to be awarded to a Contractor, a new Professional Services Agreement will be presented for acceptance to City Council for Construction Engineering Services. It is expected the lump sum fee for the base project for Construction Engineering Services will be $1 1,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA. Section 1. Authorizes the Mayor to execute orders, contracts and other documents required by the City's Engineer and contractor on this project in order to include the cast -in -place -pipe lining of all sanitary sewers rate a 5 or 4. In addition, the recommendation included the replacement of frames and lids, as well as constructing an exterior chimney seal for 15 manholes at a price not to exceed the $16,000 authorized by this resolution without further advice and consent of the City Council. Section 2. The City Engineer is hereby ordered to update the City Council at future meetings regarding the status of the repair work done on the sanitary sewer rehabilitation, phase 2. City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com Passed and approved this 23rd day of March, 2021. APPROVED ATTEST Michael Bawden, Mayor Katie Enloe, Deputy Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com 8 MSA Professional Services Agreement This AGREEMENT (Agreement) is made today March 18, 2021 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Riverdale - Sanitary Sewer Rehabilitation — Phase 2 The scope of the work authorized is: See Attachment A: The schedule to perform the work is: Approximate Start Date: March 29, 2021 Approximate Completion Date: May 30, 2021 The lump sum fee for the work is: $16,000.00 The retainer amount required is: 0.00 NOTE: The retainer will be applied toward the final invoice on this project. All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a lump sum basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC. Michael Bawden Kevin Bailey, P.E. Mayor Team Leader Date: Date: //4a-�-A Z/ Clerk Name (Signature): Christian R. Cooper, P.E., CPESC. Clerk Name (Printed) Date: Project Engineer Date: g01� 2117 State Street, Suite 200 Bettendorf, Iowa 52722 Phone: (563) 424-3696 110 Manor Drive Riverdale, Iowa 52722 Phone: (563) 293-1293 Page 1 of 1 G:1101108761108760791Contract110876079 210315 PSA.dacx v. P.E. Attachment A: Scope of Work: UNDERSTANDING: The City of Riverdale has requested a proposed Professional Services Agreement for preparation of Contract Documents for the sanitary sewer and sanitary manhole recommended modifications presented to City Council in the MSA Report entitled "A Report on the Evaluation of the City's Sanitary Sewers of Concern — PHASE 2" and dated January 2021. In summary, the recommendation submitted by MSA included the cast -in -place -pipe lining of all sanitary sewers rated a 5 or a 4. In addition, the recommendation included the replacement of frames and lids, as well as constructing an exterior chimney seal for 15 manholes. It is assumed that the City of Riverdale and the City of Panorama Park will bid their projects as combined. If this does not occur, the lump sum fee indicated in the Professional Services Agreement ($16,000) will need to be increased by an amendment to our Professional Services Agreement. At this time, it is not certain if the City of Panorama Park will accept their Alternative A for a contract award. Therefore, the scope of work for this Professional Services agreement is limited. When the final project is intended to be awarded to a Contractor, a new Professional Services Agreement will be presented for acceptance to City Council for Construction Engineering Services. It is expected the lump sum fee for the base project for Construction Engineering Services will be $11,000.00.. For this Professional Services Agreement, the following scope of work will be performed by MSA: SCOPE OF WORK: 1. MSA will prepare contract documents (i.e., plans, specifications, and a project manual) with the intent of bidding this project. 2. The contract documents will include plans locating the sanitary sewers to be lined. These plans will identify the existing laterals that provide a sanitary connection to existing homes. 3. MSA will prepare plans for sanitary manholes that require rehabilitation if the manholes are not connected to sanitary sewers that are proposed for rehabilitation work. 4. MSA will prepare a quantity take off and an opinion of the probable construction cost. 5. MSA will perform the administrative work in bidding this project. This will include a non - mandatory pre -bid meeting. 6. MSA will lead a bid opening at City Hall. 7. MSA will review all bid. 8. Unless the bids are well out of character, MSA will submit a recommendation to award to the City. 9. Upon authorization to proceed, MSA will assist the City and selected Contractor in executing the Contract for this project. 10. Upon submittal of the executed Contract to the City, this project shall be considered complete. ASSUMPTIONS: 1. Both the City of Riverdale and the City of Panorama Park have indicated, by a memo of understanding, this will be a joint project. If this project proceeds with only one Owner entity, then the lump sum fee indicated for this project ($16,000.00) will be adjusted by an amendment to our Professional Services Agreement. MSA will provide this amendment. 2. MSA's review of the City's manholes did not reveal hazardous materials. If hazardous materials are revealed or discovered during the preparation of these plans, MSA will assist the City in addressing this issue for an additional fee. 3. The City of Riverdale and City of Panorama Park will edit and place the published advertisement to bid in their officially accepted publications. The Cities will pay separately for this advertisement to be published. A Report on the Evaluation of the City's Sanitary Sewers of Concern - PHASE 2 City of Riverdale Scott County, Iowa January 2021 City of Riverdale 110 Manor Drive Riverdale, Iowa Phone Number: (563) 355-2511 Project Number 10876066 Prepared by: Christian R. Cooper, P.E., CPESC Percy Do, EIT MSA Professional Services, Inc. 2117 State Street, Suite 200 Bettendorf, IA 52722 Phone: (563) 424-3696 www.msa-ps.com ��f MSA SEAL I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Engineer Christian R. Cooper, P.E., CPESC. License Number: P23729 My license renewal date is December 31, 2021 Pages or sheets covered by this seal: All TABLE OF CONTENTS Item Page EXECUTIVE SUMMARY i 1.0 INTRODUCTION 1 1.1. Study Location 1 1.2. Purpose and Scope 1 1.3. Pipe Material Properties and Historical Performance 2 2.0 SANITARY SEWER SYSTEM INSPECTIONS 4 2.1 Sanitary Manhole Observations and Evaluations 4 2.2 Sanitary Sewer Televising 6 3.0 RECOMMENDATIONS AND OPINIONS OF PROBABLE COST 9 3.1 Recommendations 9 3.1.1 Rehabilitation by CIPP (Cured -In -Place -Pipe) Lining 9 3.1.2 Reaming of Deposits 10 3.1.3 Type 1 Manhole Repair 10 3.1.4 Removal of Root Intrusions from Sanitary Sewer 10 3.2 Opinion of Probable Costs 11 LIST OF EXHIBITS Exhibit 1 — Sanitary Sewer Priority Rating Map LIST OF TABLES Table 2-1 —Televising and Manhole Inspection Summary 7 Table 2-2 — Sewer Evaluation Key 8 Table 2-3 — Pipe and Appurtenance Rating Summary 8 LIST OF FIGURES Figure 1 — Project Location 5 LIST OF APPENDICES APPENDIX A IDNR Administrative Consent Order APPENDIX B MSA Manhole Inspections APPENDIX C Visu-Sewer Televising Summary Report APPENDIX D Engineer's Opinion of Probable Project Costs For Rehabilitation Projects EXECUTIVE SUMMARY Basis for Sanitary Sewer System Evaluation: This study was initiated by the request of the City of Riverdale. The request was made for the purpose of evaluating the condition of their sanitary sewer system. This evaluation is the second of a programmed probable three-year effort to ascertain the condition of the City's sanitary sewer collection and conveyance system. For the purposes of prioritizing the findings and preparing the recommendations, MSA referred to the March 14, 2013 Administrative Consent Order from the Iowa Department of Natural Resources (IDNR) to the Davenport Waste Water Treatment Plant. As a 28E participant in the performance of the Davenport Waste Water Treatment Plant, the City of Riverdale is held accountable to reduce inflow and infiltration. Based on this, possible projects are prioritized to first reduce inflow and infiltration and then to address issues that could likely degrade into significant issues within the next five years. The aforementioned 28E intergovernmental agreement, dated January 5, 1974, provides for the construction and joint use of sanitary sewers and sewage disposal facilities. This agreement is the basis for operating, maintaining, and financing the common plant and system assets. Furthermore, this intergovernmental agreement establishes Davenport, Bettendorf, Riverdale, and Panorama Park as Joint Use Cities. The construction permit for the Davenport Water Pollution Control Plant was issued on March 15, 1974. This plant was designed to receive 40 million gallons per day (MGD) of flow during wet weather. The plant historically receives wet weather flows in volumes that far exceed this design capacity. These excessive flows result in the discharge of untreated wastewater from the collection system. The Administrative Consent Order, between the Joint Use Cities and the IDNR, established a schedule for necessary upgrades to the wastewater collection systems. The intent of the Administrative Consent Order is to eliminate the discharge of untreated wastewater from the collection system. The Administrative Consent Order established July 1, 2018, as the date when all Joint Use Cities shall undertake the study and actions to remove inflow and infiltration sources from the Interceptor Sewers. Evaluation Methods: On February 25, 2020, the City of Riverdale entered into an agreement with MSA Professional Services, Inc. (MSA) to evaluate portions their sanitary sewer system within the City limits. This specific evaluation is intended to evaluate the conditions of the sanitary sewer collection and conveyance system for most of the sanitary sewers that are not located adjacent to a roadway. Because special equipment is required to convey the televising and cleaning equipment, the City of Riverdale elected to evaluate these "off -road" sewers in one season in order to avoid multiple years of contracting with purveyors of off -road televising and cleaning equipment. As part of this agreement, televising was arranged for certain sanitary sewers. Competitive bids were sought for the off -road sanitary sewers televising from CIT Sewer Solutions and Visu-Sewer. At the time of seeking bids, these two companies were the only two companies within the Region that were capable of providing significant off -road televising ability. Visu-Sewer provided the low bid of $31,788.90 to televise about 9633 lineal feet of sanitary sewer. In addition, in order create access to the off -road sanitary manholes, the City contracted with McClintock Trucking and Excavating for the amount of $6,800.00 to clear away plant / tree growth and debris from the manholes located adjacent to Fieldcrest Creek. In 2019, MSA cleared away plant growth and debris from the sanitary manholes located adjacent to the tributary to Crow Creek that flows through the Scott Community College lands. The plant growth and debris accumulation along this creek was significantly less than that adjacent to Fieldcrest Creek. Finally, McClure Engineering Company was selected by the City of Bettendorf to smoke test, among other sewers, the main trunk sewer that parallels State Street. In order to take advantage of potential cost savings, the City of Riverdale contracted with McClure Engineering Company to smoke test the portion of the trunk sewer that runs through the City of Riverdale for the cost of $5,624.00. As was expected for a sanitary sewer system that is over 50 years old, the results of the sanitary sewer investigation effort (televising and visual manhole inspections by MSA) indicate that the City's sanitary sewer system has many defects. As previously indicated, MSA's recommendations are prioritized to first eliminate known areas of inflow and infiltration. The secondary objective is to repair any issue that, if left unmitigated, could lead to serious issues within the next five years. Such secondary issues include breaks or failures in the pipe structure and removing significant root intrusion and root growth. In addition, in this phase, there are many manhole issues. Because water readily enters the manholes through misaligned lids, leaking chimney joints, and manhole lids that are buried, MSA treats the prioritization of manhole issues with the same priority as removing inflow and infiltration issues in the sanitary sewer pipes. Most of the observed issues with the manholes are the result of years of surface traffic shifting the manhole frame, grate, and chimney rings so that surface flows and earth readily enter the City's off -road sanitary sewer systems. The result of MSA's investigation, evaluations, and subsequent rating effort is summarized in the following Exhibit 1 - Sanitary Sewer Priority Rating Map. The intent of this maps is to establish a readily visible method for the City of Riverdale to prioritize sanitary sewer system concerns. REVISION SANITARY SEWER EVA LUA TION MO. IMAM EPA . 111, LN I.K.11V CS C PLO / MIL Yenda y.J•Km. 11.201113141.1.1. GVIP INIA IEC ISP ACASITU NsIN.....N.A111370110, EN GINEER. I ARWIlECNRE I SMEE' ING MSA °N NG I �unNING I N w wn ENI,E CITY OF RIVERDALE SCOTT CO UN TY, IOWA EXHIBIT 1 - SANITA RY SEW ER PRIORITY RATING MAP 10876066 1 OF 1.0 - INTRODUCTION 1.1 Study Location The City of Riverdale is located in Scott County, Iowa. Scott County is centrally located in eastern Iowa. The city of Riverdale is located on the Iowa side of the Quad Cities area (Rock Island, IL; Moline, IL; Bettendorf, IA; and Davenport, IA). The population of Riverdale based on the 2010 census data is about 405 people. The City of Riverdale owns the sanitary sewers that serve their own residents. In addition, sewage from City of Bettendorf residents and Arconic is conveyed through the City of Riverdale's sanitary sewers. The City of Riverdale requested their off -road sanitary sewers be evaluated. This includes the sanitary sewers that collect and convey sanitary sewage through the woods adjacent to the Scott Community College campus and adjacent to Fieldcrest Creek. Visu -Sewer televised all such sanitary sewers within the City. 1.2 Purpose and Scope This study was initiated by the request of the City of Riverdale and is the second year of a probable three-year evaluation effort. Their request was made for the purpose of evaluating the condition of their off -road sanitary sewers. For the purposes of prioritizing the findings and preparing the recommendations, MSA referred to the March 14, 2013 Administrative Consent Order from the Iowa Department of Natural Resources to the Davenport Waste Water Treatment Plant. This document is located in Appendix A. As a 28E participant in the performance of the Davenport Waste Water Treatment Plant, the City of Riverdale is held accountable to reduce inflow and infiltration. Based on this, possible projects are prioritized to first reduce inflow and infiltration and then to address issues that could likely degrade into significant issues within the next five years. On January 5, 1974, the cities of Davenport, IA; Bettendorf, IA; Riverdale, IA; and Panorama Park, IA entered into an intergovernmental agreement providing for the joint use of sanitary sewers and sewage disposal facilities. The Davenport, IA wastewater plant has historically received sewage flow rates and volumes far exceeding the plant's design capacity. MSA proceeded with this sanitary sewer evaluation effort to identify sources of inflow and infiltration as well as determine deficiencies within the City's sanitary sewer collection and conveyance system. This was accomplished by televising the sanitary sewers, smoke testing the trunk sewer line, and visual inspection of all the manholes. As a result of these investigations, noted inflow and infiltration sources as well as other sewer deficiencies were located. Recommendations to reduce the inflow and infiltration and correct other issues are included as part of this report. 1 The effort to complete this report included the following tasks performed by MSA: • Identify and, if possible, locate all locations of sanitary sewer manholes. • Remove the lid from every found manhole to evaluate the condition of the manhole and the nature of the flow through the manhole. • Review the Visu-Sewer televising report of all the televised sanitary sewers. • Review the smoke testing report submitted by McClure Engineering Company. • Prepare a list of observed sources of inflow and infiltration, as well as other sanitary sewer deficiencies, and prioritize this list. • Provide opinions of probable construction cost to the City of Riverdale to mitigate these deficiencies. 1.3 Pipe Material Properties and Historical Performance The material used to construct most of the sanitary sewer in the areas of this study is vitrified clay pipe (VCP). The observed VCP segments tend to be very short. Thus, there are many pipe -to - pipe joints. Vitrified clay pipe is an excellent material for sanitary sewage. For the most part, it is inert and will not react with chemicals and waste conveyed by the pipe. In addition, it is not affected by corrosive or polluted soils. Vitrified clay pipe is a strong material and can be readily molded into many shapes. The interior of the pipe itself is low in friction. However, the pipe is susceptible to impact forces, and it will readily crack when subjected to impact and tensile forces. It has very poor resiliency characteristics. If deformed, it will break and generally not return to shape. When dropped or struck, there is a good potential for the pipe material to crack. Long segments of vitrified clay pipe are generally not feasible because the installation of the pipe will introduce tensile forces during the pick-up and placing of the pipe. Subsequently, the pipe could crack due to uneven support of the pipe during placement. Finally, the pipe is a relatively heavy material. For an 8 -inch diameter pipe section, the pipe will weigh about 17 pounds per foot. Comparatively, PVC (i.e. plastic) pipe material weighs 5 or 6 pounds per foot. Historically, it took a long time for the development of an effective pipe joint for vitrified clay pipe. This is because, in the past, sanitary sewers discharged directly to a water body without treatment. Thus, inflow at the joints was encouraged to assist in keeping the pipe clean. Just prior to World War II, the development of a good pipe -to -pipe joint became a concern. The first joint material was oakum. Oakum is a fibrous material, usually made from hemp, which is coated with bituminous material. Installation is done by packing the oakum into pipe joints. Unfortunately, while an excellent craftsman could make an excellent joint, many sanitary sewers were not constructed by a craftsman. Furthermore, oakum joints did not allow for pipe movement. Thus, the concern was to find a better jointing system. The next step in the evolution of pipe joints was poured mastic joints. Poured joints are effective at preventing initial inflow. However, with age and pipe movement during backfilling and long-term settling, the joint will likely fail. The next evolution of joints was a tubular joint seal. This was made by a hollow rubber tube that is pumped with grout under pressure to seal the pipe -to -pipe joint. Based on readily visible evidence in the report summary of the videos, this appears to be the type of joint that is utilized in most of the Riverdale sanitary sewers. It was not until the establishment of an ASTM test (C425) in 1958 that an elastomeric gasket for clay pipe was developed. 2 A failed pipe joint allows for the inflow of ground water, the intrusion of plant roots, the slow but inevitable loss of soil surrounding the pipe, poor flow characteristics at the pipe section transition, and the creation of catching points for debris that is flowing within the sewage. Some of the other pipe material noted in this portion of the Riverdale sanitary sewers that were evaluated included PVC and ductile iron/cast iron pipe (DIP / CIP). DIP / CIP is a very strong pipe. It can be constructed in relatively long sections and has good interior flow properties, offers some resiliency due to loading, and has good to excellent impact resistance. In general, DIP/CIP is an excellent pipe material. The expected life of CIP that is used for sanitary sewage is in the realm of 75 to 100 years. If properly treated, DIP also has a life expectancy of about 75 to 100 years. DIP / CIP does not fail by rusting. Instead, a layer of rust does eventually form a protective coating for the pipe. However, corrosive (acidic) waste will corrode DIP / CIP rapidly. DIP / CIP) is a rigid pipe. It can withstand significant impact. When the impact is destructive, it is possible the pipe will either bend the metal or the pipe material will crack. If cast iron pipe is shallow, or excavation is performed near it, it is quite possible the pipe will be flex or bend or crack. When the pipe is deformed, the joints lose symmetry and leaks will develop. As with all older pipes, the gasket used for joining materials has significantly improved in recent times. During the early years of CIP use, the joints were often cast with poured lead, or rubber gaskets were used that aged relatively quickly compared to today's much longer lasting gaskets. Thus, the joint in old CIP often fail with time. DIP / CIP are relatively heavy compared to PVC pipe. An 8 -inch diameter DIP will likely weigh about 22 pounds per foot. These days DIP / CIP are installed utilizing modern day construction equipment. Therefore, with the use of machines, the installation of these pipes in sewers is normally not a major issue. The installation limitation is that every time a pipe segment has to be moved, lowered into the trench, and correct jointed to the adjacent pipe segments, it requires powered construction equipment. Finally, CIP develops significant scaling. While this is not an issue that necessarily affects pipe strength and longevity, it does affect the flow capacity and flow rates. 3 2.0 - SANITARY SEWER SYSTEM INSPECTIONS An investigation of the sanitary sewer collection system was performed by MSA with the assistance of Visu-Sewer and McClure Engineering Company. 2.1 Sanitary Manhole Observations and Evaluations Observations of all the City's sanitary manholes were made by MSA in 2020 on May 6, May 7, May 13, May 19, May 21, and June 12. An additional manhole inspection was performed on January 12, 2021 after its buried location was determined with assistance from the Visu-Sewer televising reports. Observations included looking for buried/covered structures, offset frames and lids, leaking barrel joints, obstructed inverts, and degraded interior concrete. Photographs of the manhole interiors and frames and lids were taken and cataloged as part of the sanitary sewer system assessment. The forms for these inspection records are located in Appendix B. Dye testing and smoke testing are additional methods of testing that were not included as part of this phase of the sanitary sewer system evaluation. Smoke testing consists of placing a blower (i.e. fan) on top of a manhole, thus forcing smoke through the sanitary sewer pipes. Observations of smoke emissions in the test areas can indicate illegal connections to the sanitary sewer system as well as manhole chimneys that are severely degraded. This test is more applicable when there are several connections to the sewer system that do not occur at the manhole locations. Dye testing can also confirm whether there are connections from a home waste/vent piping system to the sanitary sewer system. Dye testing is performed by adding fluorescent dyes to the source of waste water and then looking for fluorescent presence in the effluent flow through downstream manholes. 4 PROJECT LOCATION Write a description for your map . PLEASANT VALLEY HIGH SCHOOL PROJECT LOCATION SCOTT COMMUNITY C OLLEGE FIELDCREST CREEK PROJECT LOCATION Legend Bicentennial Park City • Hall • Riverdale TRUNK SEWER LINE SM OKE TESTE D BY MCCLURE ENGINEERING FIGURE NO . 1 - PROJECT LOCATION 2000 rC 5 2.2 Sanitary Sewer Televising Televising was conducted by Visu-Sewer on multiple days in 2020 during July and August. In addition, at the request of MSA, a few storm sewer pipe runs were televised along College Drive. The televising videos revealed many defects in the sanitary sewers. The deficiencies include fractures and cracks, broken pipe joint gaskets, mineral deposits in the form of stalactites, and root intrusions. If joints are not properly sealed or if cracks exist, these deficiencies in the pipe can become subject to intrusion by roots and ground water inflow. Several root intrusions and root masses were observed within the sanitary sewer system. If untreated, the intrusion of roots will grow to root masses. Root masses will eventually reduce or block flow of sewage through the pipe. However, given that the sewer pipe runs that were televised were through forested areas and adjacent to area creeks, the condition of the off -road sewer pipes is much better than what was originally anticipated. In the woods and adjacent to the creeks, no inflow was observed in the televised video files. Some root growth was observed. The root growth that was observed was limited to only a few runs of sewer pipe. Given the proximity of so many trees, much worse conditions were anticipated. Many of the sanitary sewer pipe runs between manholes were found to not be at a consistent down gradient slope. Where settling occurred, such that the grade of the pipe to the downstream manhole became positive (flow is uphill), sewage will pond within the pipe. These sags in the pipe runs are often referred to as "a pipe that has a belly." The presence of a belly in a pipe allows for debris, grit, and sediment to settle out of the flow. This reduces the flow capacity of the pipe, thus hindering the pipe's ability to convey sewage. Generally, unless the sewer is dug up and re- constructed with a consistent negative slope, it is not possible to solve the problems created by bellies. Consistent and regular pipe cleaning may be called for if'an accumulation of solids consistently occurs at pipe bellies. In addition, if the belly is caused by pipe settling due to soil washing in with infiltration, then the pipe joint should be sealed to prevent further soil loss. Very few laterals were observed to be connected to these sanitary sewers. This was as expected. The televised sanitary sewers generally convey sewer waste flow from residential areas or institutions through the forested areas. The sewer waste flow from both Scott Community College and Pleasant Valley High School is sufficient enough to warrant a sewer pipe connection at a manhole versus a sanitary lateral. Dye testing was previously utilized to confirm the connection of Scott Community College to one of these televised sanitary sewer pipe runs. 6 Table 2-1. Televising Summary indicates the number of occurrences of each deficiency found in the sanitary sewer collection system during televising. In addition, a typical recommended action to resolve the deficiency is included in the table. A detailed summary report of all televising findings, including the location of each deficiency, is located in Appendix C. Table 2-1. Televising and Manhole Inspection Summary Type of Deficiency No. of Occurrences Possible Corrective Action Observed Leak 30 Grouting or pipe lining Faulting (Offset / Gap) at Pipe Joint 0 Point Repair / Defective Pipe Replacement, CIPP Lining Fractures / Cracks 3 CIPP Lining Sag in Pipe Alignment 57 Pipe lining if significant Broken Joint Gasket / Sealing Ring (i.e. Broken or Unattached) 0 Point repairs, joint grouting, CIPP Lining Minor Root Intrusion 24 Clean / Cut out large blockages, chemical attack on roots, CIPP Lining Major Root Intrusion 6 Clean / Cut out large blockages, chemical attack on roots, CIPP Lining Root Mass / Blockage 0 Clean / Cut out large blockages, chemical attack on roots, CIPP Lining Other (i.e. Encrustation, Sludge/Debris Buildup, Grit, & Rocks) 18 Ream Deposits. Regular pipe cleaning Manhole Casting Not Sealed 12 Replace manhole casting Casting Displacement 11 Replace or reset manhole frame and lid Casting Buried 3 Replace or reset manhole frame and lid Pipe Collapse 0 Excavate and replace Major Manhole Infiltration 2 Grouting joints 7 For this study, a pipe run is defined as the sanitary sewer from an upstream manhole to the nearest downstream manhole. A total of 36 pipe runs were evaluated by televising. In order to effectively evaluate the condition and priority of each pipe run in regards to sanitary sewer deficiencies, a ranking system was developed. This ranking system evaluates each pipe run on a scale of 1-5. Table 2-2. Sewer Evaluation Key shows the basis for scoring sewer deficiencies. A summary of this scoring for each run of sewer pipe is shown in Table 2-3. Pipe and Appurtenance Rating Summary. Table 2-2. Sewer Evaluation Key Ranking No. Summary of Infiltration Observations Recommended Remedial Action 1 No infiltration observed, no pipe defects observed None required, monitor in future 2 No infiltration observed, some defects observed Lining of sewer might be considered when associated roadway is reconstructed or budget allows 3 No infiltration observed, multiple pipe defects, root intrusion, poor manhole condition Sanitary remedial repairs to be programmed to be addressed in the not -to -distant future 4 No infiltration observed, points of buckling, dirt intrusion, and multiple pipe defects Sanitary remedial repairs to be budgeted and planned for now or the very near future 5 Observed infiltration Sanitary remedial repairs to be an immediate priority in budgeting and planning Table 2-3. Pipe and Appurtenance Rating Summary Rating No. Amount 1 14 2 11 3 4 4 2 5 5 The pipe runs that have been rated a "5" are of the highest priority when recommending remedial action to the noted sanitary sewer deficiencies. 8 3.0 - RECOMMENDATIONS & OPINIONS OF PROBABLE COSTS 3.1 Recommendations After identifying sewer main and manhole deficiencies, the following possible remedial actions are presented as efforts to improve the performance of the sanitary sewer system, prolong the life of the sanitary sewer system, and, most importantly, decrease the amount of inflow and infiltration into the sanitary sewer system. 3.1.1 Rehabilitation by CIPP (Cured -in -Place Pipe) Lining In cases of infiltration occurring at many pipe joints and significant intrusion of roots, lining the existing sanitary sewer pipe will eliminate infiltration and prolong the life of that run of sanitary sewer. There are five runs of sewer pipe that had observed infiltration occurring. Of these instances of observed infiltration all five will benefit immediately from the construction of a cured - in -place pipe lining. The suggested lining totals about 1,188 lineal feet of 8 -inch sanitary sewer pipe. In addition, there are two runs of sewer pipe that have significant root intrusion and sag locations at pipe joints. Though ground water was not observed entering these sewer pipes, the observed evidence indicates that the pipe joints allow sewage waste water to flow into and out of the pipe. Furthermore, the observed root intrusions threaten not only to ultimately reduce the conveyance capacity or block the flow of sewer, but they also further compromise the joints between the sewer pipes. The length of the sewer pipes with these issues is 611 lineal feet. These reflect all the sewer pipes with a condition rating of 4 or worse. The sanitary sewer runs that are recommended to have a constructed cured -in -place pipe lining are as follows: • MH X-2 to MH X-3 • MH X-3 to MH X-4 • MH X-4 to MH X-5 • MH X-5 to MH X-6 • MH X-6 to MH E7-12 • MH 69 to MH 68 • MH E7-11 to MH E7-10 If there is observed inflow, in order to properly cure the new lining, the inflow will likely have to be stopped in order to prevent the flow from washing away the resin in the liner before it has cured. Therefore, locations of significant inflow will likely have to be grouted in order to stop inflow. Grouting is a very localized fix. And most often, grouting one location of inflow, pushes the problem to a different location. Therefore, it is the opinion of MSA that grouting a joint is a temporary fix for inflow for a run od sewer pipe. Therefore, MSA is a proponent of CIPP lining to terminate inflow issues.. 9 3.1.2 Reaming of Deposits It was observed that most of the sanitary sewer leaks are also associated with an accumulation of mineral deposits in the form of stalactites inside the sanitary sewer. Before the sewer can be lined, these will have to be removed. Because the mineral deposits were not removed during the normal sewer cleaning process utilized to televise these sewer lines, MSA assumes that the removal of these mineral accumulations will require additional reaming or grinding. 3.1.3 Type 1 Manhole Repair There are several manholes in which the frame and lid have been knocked out of an appropriate alignment with the manhole barrel and conical section. This has created significant openings at the top of the manhole that allow the entry of debris, and flowing water. In addition, there are some manholes that are buried and need to have the grate and lid elevations readjusted so that are at or above grade. The number of manholes requiring this removal and reconstruction of the frame and grate to prevent inflow is significant. Most of the manholes that require this rehabilitative effort already have standardized frames and lids. Therefore, MSA does not feel it is necessary to replace the frame and lids for each correction. Removal, cleaning, and re- installation should be sufficient. A, a Type 1 Manhole repair involves removing the existing frame, cleaning the existing bottom of the frame and top of the matching concrete surface, applying a mastic seal around the seat area of the frame, resetting the frame, constructing an exterior seal around the readjusted manhole chimney, backfilling, and seeding disturbed areas. MSA has identified the need for this work as immediate. Thus, the manholes are identified as a condition rating 5. 3.1.4 Removal of Root Intrusions from Sanitary Sewer In reviewing the videos, MSA noted several root intrusions. While the observed growth of the root intrusion does not yet appear to threaten to block flows, if ignored, they could likely block flows in the near future. In addition, the root intrusions do reduce flow capacity within the sewer pipe. Finally, as the root intrusions grow, they will widen the crack or joint that it has used to access the nutrient rich sewage. The widening crack or joint will be a location where sewage flows will be able to wash out of and back into the sanitary sewer. This will remove supporting earth backfill as well as allow for earth to enter the sanitary sewer. Where the number of and size of root intrusions is significant, MSA recommends these be treated with the immediate work rather than delaying the work to the near future. Roots that are removed will grow back and usually grow back stronger. Options include treating the area on the outside of the pipe to kill the root, constructing a grout seal for the joint, or lining the pipe. Grout sealing or killing the root are not effective at permanently preventing the root from growing back. In time, the root will find its way back. External excavation of the pipe can guarantee that the root will not return. However, this is extremely disruptive and expensive. Constructing a cured in place pipe lining provides the least disruption and best assurance that the root will not grow back. 10 3.2 Opinion of Probable Costs MSA assumes that the City of Riverdale will continue with their multi -year program to address the rehabilitation of their sanitary sewer system. Thus, the issues that likely require immediate attention this year will also be addressed this year. Therefore, for this phase MSA prepared opinions of probable project cost to address those pipe runs and manholes that were rated a condition 5 and those that were rated a condition 4. The primary intent of recommended remedial actions, for which MSA has prepared their opinion of the probable project cost, is to first remove inflow and infiltration per the Administrative Consent Order. Though many other pipe defects were observed, MSA recommends at this time, for cost reasons, to delay the construction of remedial measures where infiltration or surface water inflow were not observed. The exception to this is when, based on observed deficiencies, failure to correct the observed issues now could likely lead to correcting the observed issues as emergency repairs in the near future. A summary of probable construction and engineering costs by each pipe rating, where pipe lining is recommended, is as follows: • Pipe Rating 5 — $122,900.00 • Pipe Rating 4 — $42,300 These probable construction costs include MSA's estimate of design and construction fees to prepare projects for bidding, MSA's estimate of administrating the projects during the construction phase, a contingency factor, and an attempt to account for inflation (2.5%) for a period of one year. Please note the MSA's engineering numbers are for budget use and are based on past experience. MSA did not prepare a project plan with a specific custom scope of work for the City of Riverdale. MSA will take on that effort when asked to present a proposed Professional Services Agreement with a specific scope of work. The cost summaries with an associated pay item description of the noted remedial measures are included in Appendix D. Also included in this year's sewer rehabilitation effort is sanitary manhole rehabilitation. It is MSA's opinion that the cost of rehabilitating the manholes in this phase of the City's multi -year plan is about $29,000. Also included in the cost of this phase of sewer rehabilitation are costs that are related to other projects within the broader scope of ongoing projects for the City of Riverdale. The first of these projects is the rehabilitation of the storm sewer for Manor Drive. If incorporated into this sanitary sewer rehabilitation effort, it is MSA's opinion that this project cost is about $35,900. The second of these projects is a carryover from the first phase of the City's sanitary sewer rehabilitation effort. This project is the CIPP lining of the South Bellingham Street sanitary sewer. To refresh, treatment of the pipe to prevent inflow at the inactive sanitary laterals was originally planned as only partial lining of the sanitary sewer at the lateral locations. However, subsequent re -televising of this sewer by Visu-Sewer revealed several more inactive sanitary laterals than what the original televising indicated. Thus, the cost to partially line only at each lateral location 11 became more costly than just lining the entire sewer and restoring only those laterals that need to remain active. MSA estimates the cost for this project to be about $44,300. It is MSA's opinion that there is definite savings in combining Manor Drive and South Bellingham Street into this year's annual sewer rehabilitation effort rather than treating these as separate projects. The combination of all these components: the sewer pipe runs rated 5, the sewer pipe runs rated 4, the sanitary manholes, Manor Drive Storm Water Drainage, and South Bellingham Street, constitute the proposed project for this year. The total cost of the proposed project for this year is about $274,200. 12 APPENDIX A IDNR Administrative Consent Order IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER IN THE MATTER OF: JOINT USE OF SANITARY SEWERS AND SEWAGE DISPOSAL FACILITIES: City of Davenport, Iowa, City of Bettendorf, Iowa, City of Riverdale, Iowa, City of Panorama Park, Iowa NPDES Permit #8222003 Scott County, Iowa ADMINISTRATIVE CONSENT ORDER NO. 2013 -WW - TO: William E. Gluba, Mayor City of Davenport 226 W 4th Street Davenport IA 52801 John J. Franklin, Mayor City of Riverdale 110 Manor Drive Riverdale, IA 52722 Robert S. Gallagher, Mayor City of Bettendorf 1609 State Street Bettendorf IA 52722 David White, Mayor City of Panorama Park P.O. Box 533 112 Short Street Panorama Park, IA 52767 I. SUMMARY This administrative consent order (Order) is entered into between the Cities of Davenport, Bettendorf, Riverdale, and Panorama Park and the Iowa Department of Natural Resources (DNR) for the purpose of establishing a schedule for necessary upgrades to the Davenport Water Pollution Control Plant and the wastewater collection systems of Davenport and Bettendorf to achieve compliance with applicable requirements and to eliminate the discharge of untreated wastewater from the collection systems. Any questions regarding this Order should be directed to: Relating to technical requirements: Paul Brandt, Enviromnental Specialist Sr. DNR Field Office #6 1023 W. Madison Washington, Iowa 52353-1623 Phone: 319-653-2135 Relating to legal requirements: Jon Tack, Attorney for the DNR Iowa Department of Natural Resources 502 E. 9 Street Des Moines, Iowa 50319 Phone: 515-281-8889 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES II. JURISDICTION This Order is issued pursuant to the provisions of Iowa Code section 455B.175(1), which authorizes the Director to issue any order necessary to secure compliance with or prevent a violation of Iowa Code Chapter 455B, Division III, Part 1 (wastewater) and the rules adopted or permits issued pursuant to that part, and Iowa Code section 455B.109 and 567 Iowa Administrative Code (IAC) Chapter 10, which authorize the Director to assess administrative penalties. III. STATEMENT OF FACTS The DNR and the Cities of Davenport, Bettendorf, Riverdale, and Panorama Park hereafter referred to as "Joint Use Cities" agree to the following facts: 1. An intergovernmental agreement providing for construction and joint use of sanitary sewers and sewage disposal facilities was signed by the City of Davenport, Iowa, the City of Bettendorf, Iowa, the City of Riverdale, Iowa and the City of Panorama Park, Iowa on January 5, 1974. This agreement which has been amended continues to be the basis for operating, maintaining, and fmancing the common plant and system assets. 2. The Joint Use Cities own and operate the Joint Sewerage Committee Water Pollution Control Plant, a mechanical wastewater plant serving approximately 29,590 residential connections, 7,032 commercial connections, and 20 industrial connections in the city of Davenport. The plant also serves approximately 12,749 residential connections, 776 commercial connections and 3 industrial connections in Bettendorf. Approximately 200 residential connections and 10 commercial connections are served in Riverdale. The plant serves approximately 55 residential connections in Panorama Park. The wastewater plant is designed to handle an average dry weather flow of 26.0 million gallons per day (mgd) and an average wet weather flow of 40.0 mgd. A construction permit was issued by the DNR on March 15, 1974 for the construction of the Davenport Water Pollution Control Plant in accordance with current NPDES. 3. The Davenport wastewater plant has historically received wet weather flows in volumes far exceeding the plant's design capacity. These excessive flows result in the discharge of untreated wastewater from the collection system and partially treated wastewater from the plant, blended with treated wastewater. 4. Pursuant to 567 IAC 60.2, a bypass is the diversion of waste streams from any portion of a treatment facility or collection system. A bypass does not include internal operational waste stream diversions that are part of the design of the treatment facility, maintenance diversions where redundancy is provided, diversions of wastewater from one point in a collection system to another point in a collection system, or wastewater backups into buildings that are caused in the building lateral or private sewer line. 2 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES 5. In 2010, the Joint Use Cities discharged 547.7 million gallons of partially treated wastewater to the Mississippi River at the wastewater treatment plant over a total of 74 separate clays of discharge. In addition to these discharges, Davenport reported the discharge of untreated wastewater from the wastewater collection system on three occasions in 2010. 6. In 2009, the Joint Use Cities discharged 723.8 million gallons of partially treated wastewater to the Mississippi River at the wastewater treatment plant over a total of 90 separate days of discharge. In addition to these discharges, Davenport reported the discharge of untreated wastewater from the wastewater collection system on 18 occasions in 2009. 7. The Davenport Water Pollution Control Plant also serves Bettendorf, Riverdale and Panorama Park. Each city owns and maintains the wastewater collection system within each respective city limits and proportionately shares in the ownership, cost of operation and maintenance of the Davenport Water Pollution Control Plant. Proportionate ownership is allocated based on a community's use expressed as a percentage. Percentages for fiscal year 2012 are: Davenport, 79.66%; Bettendorf, 19.81'%; Riverdale, 0.46%; and Panorama Park, 0.07%. 8. When influent flow to the wastewater plant exceeds the plant's design capacity, influent flow is restricted and backs up in the Bettendorf collection system. In 2010, the City of Bettendorf reported discharging over 33.2 million gallons of untreated wastewater to the Mississippi River over the course of 7 separate incidents lasting 11 days.) 9. The Department and the Joint Use Cities have been working together for several years to develop a strategy to eliminate or minimize the bypassing of partially treated wastewater at the Davenport Water Pollution Control Plant and within the wastewater collection systems of the Joint Use Cities. 10. The Joint Use Cities have committed to a 20 -year Capital Improvement Plan that contains at least 20 sewer -related projects at a cost of over $160 million dollars. 11. This Order is intended to establish a schedule for the completion of wastewater collection, handling and treatment improvements necessary for the Joint Use Cities to achieve compliance with applicable regulations. In the event a signatory fails to abide by the schedules contained herein, each or any of the other signatories may enforce this Order against the breaching party. IV. CONCLUSIONS OF LAW The DNR and the Joint Use Cities agree that the following conclusions of law are applicable in this case: 1. Pursuant to Iowa Code section 455B.186(1), a pollutant shall not be disposed of by dumping, depositing, or discharging such pollutant into any water of the state, except that 3 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES this section shall not be construed to prohibit the discharge of adequately treated sewage, industrial waste, or other waste pursuant to a permit issued by the director. 2. Pursuant to 567 IAC 63.6, bypasses from any portion of a treatment facility or from a sanitary sewer collection system designed to carry only sewage are prohibited. Pursuant to 567 IAC 60.2, a bypass is the diversion of waste streams from any portion of a treatment facility or collection system. A bypass does not include internal operational waste stream diversions that are part of the design of the treatment facility, maintenance diversions where redundancy is provided, diversions of wastewater from one point in a collection system to another point in a collection system, or wastewater backups into buildings that are caused in the building lateral or private sewer line. The DNR has documented violations related to untreated discharges by the Joint Use Cities, as documented in the Statement of Facts above. 3. Pursuant to 567 IAC 64.2(10)"b", a sanitary sewer construction permit may be denied if bypassing has occurred at the treatment facility, except when any of the following conditions are being met: (1) The bypassing is due to a combined sewer system, and the facility is in compliance with a long-term CSO control plan approved by the department. (2) The bypassing occurs as a result of a storm with an intensity or duration greater than that of a storm with a return period of five years. (3) The department determines that timely actions are being taken to eliminate bypassing. 4. Pursuant to 567 IAC 64.2(10) "c", a sanitary sewer construction permit may be denied if an existing downstream sewer is or will be overloaded or surcharged, resulting in bypassing, flooded basements, or overflowing manholes, unless: (1) The bypassing or flooding is the result of a precipitation event with an intensity or duration greater than that of a storm with a return period of two years. (2) The system is under full-scale facility planning (I/I and SSES) and the applicant provides a schedule that is approved by the department for rehabilitating the system to the extent necessary to handle the additional loadings. V. ORDER By the execution of this Order, the DNR orders and the Joint Use Cities agree to undertake the wastewater collection, handling, and treatment projects set forth in the Joint Sewer Use Communities Capital Improvement Plan (CIP) submitted to the DNR by the Joint Use Cities, dated March 30, 2012, as amended on May 31, 2012. The Joint Use Cities specifically agree to the following deadlines: 1. Beginning upon the execution of this Order and continuing until the sooner of the completion of all related projects set forth in the CIP or July 1, 2018, the Joint Use Cities shall undertake the cleaning and televising of interceptor sewers within the sanitary sewer collection systems of the respective cities including but not limited to the Old Riverfront 4 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES Interceptor (1930's), the 1970's Riverfront Interceptor and the Eastern Interceptor sewer in order to identify blockages, any cross connections with storm sewers or other clear -water connections, needed repairs or other potentially necessary improvements in the interceptor sewers as shown in Figures AO -1 and AO -2. 2. By July 1, 2013, the Joint Use Cities shall install and maintain such permanent sanitary sewer metering devices as are necessary to evaluate flow conditions within the sanitary sewer system and determine the wastewater storage and treatment capacity needs of the cities. 3. Continuing until the sooner of the completion of all related projects set forth in the CIP or July 1, 2018, the Joint Use Cities shall undertake the study and actions to remove inflow and infiltration sources from the Interceptor Sewers shown in Figures AO -1 and AO - 2 beginning upon the execution of this Order. To the extent that the tasks as identified in paragraph #6 below required to complete this project require the cooperation of, and performance of work by, the United States Army Corps of Engineers; the DNR and the Joint Use Cities agree to work cooperatively to obtain such cooperation and assistance of the Corps as identified in facility plan CIP. 4. By January 1, 2015, Davenport shall submit all construction permit applications necessary for the wastewater treatment plant optimization project. 5. By July 1, 2017, the Joint Use Cities shall substantially complete construction for the wastewater treatment plant optimization project. The goal of the plant optimization Phase I project shall be, in part, to increase the secondary capacity from 45 mgd to approximately 52 mgd. Phase II will complete the plant optimization project following the identification of cost effective inflow/infiltration projects. 6. By December 2018, the Joint Use Cities shall contact the DNR Wastewater Engineering Section to request the scheduling of a meeting to review and discuss the anticipated construction projects necessary to address the conclusions and findings derived from the evaluations of the sanitary sewer collection systems conducted pursuant to paragraph #1, #2 and #3, above. 7. It is the intent of the parties that by December 31, 2018, the DNR and the Joint Use Cities will execute a written agreement or exchange correspondence that identifies, based on the meeting required by paragraph #6, above, all repairs and improvements to the sanitary sewer collection system which are necessary and appropriate and which will be undertaken by the Joint Use Cities. 8. By July 1, 2019, the Joint Use Cities shall submit all construction permit applications necessary to undertake repairs and improvements to the sanitary sewer collection system as identified during the inspection and televising process described in paragraph #1, above. 5 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES 9. By December 31, 2019, the Joint Use Cities shall submit all construction permit applications, if any, necessary to undertake repairs and improvements to the sanitary sewer collection system as identified during the inspection and televising process described in paragraph #3, above. 10. By January 1, 2019, Davenport shall submit an application for a construction permit for the construction of a wastewater disinfection system at the Davenport Water Pollution Control Plant. 11. By July 1, 2021, Davenport shall complete substantial construction of a wastewater disinfection system at the Davenport Water Pollution Control Plant. 12. By December 31, 2021 the Joint Use Cities shall complete sanitary sewer trunk system repairs or improvements identified as necessary and appropriate pursuant to paragraph #7, above. 13. By October 1, 2021, Davenport shall comply with applicable effluent limitations for bacteria in its discharges from the Davenport Water Pollution Control Plant. Such effluent limitations are not yet established at the time of execution of this Order. Nothing in this Order shall be construed to restrict the rights of the parties to establish, contest, or appeal such bacterial effluent limitations. 14. By July 1, 2023(need time to measure flows after completion of #12 and #9), Davenport shall submit an application for a construction permit for an equalization basin or such other modifications or improvements to the Davenport Water Pollution Control Plant as are necessary to comply with 567 IAC 63.6. 15. By July 1, 2025, Davenport shall complete construction of an equalization basin or such other modifications or improvements to the Davenport Water Pollution Control Plant as are necessary to comply with 567 IAC 63.6. 16. Beginning April 1, 2013 and continuing through January 31, 2026, the Joint Use Cities shall submit yearly progress reports to the DNR, due by April 1 (approval of CIP),of each year, detailing progress toward compliance with this Order and setting forth a timeline of work to be performed in furtherance of this Order for the following 12 -month period. 17. By July 1, 2026, the Joint Use Cities shall achieve and maintain compliance with 567 IAC 63.6, NPDES Permit No. 8222993, and all other applicable requirements of state and federal law related to the operation and maintenance of a publicly owned treatment works which are required by the Joint Use Cities NPDES permit. 18. The Joint Use Cities agree and acknowledge that nothing in this Order is intended to modify the standard construction permitting procedures of the DNR or the requirements thereof. The Joint Use Cities shall take full consideration of such procedures in the timing of required submissions in order to comply with the deadlines set forth herein. 6 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES 19. Nothing in this Order is intended to dictate or establish the apportionment of costs or funding obligations between the Joint Use Cities for any joint projects required by this Order or for any projects for which existing municipal agreement establish the funding liabilities of the Joint Use Cities. It is the responsibility of the Joint Use Cities to determine and assess such costs as determined to be appropriate by the parties. Pursuant to the agreement of the Joint Use Cities, the costs of any joint projects required by this Order shall be allocated in proportion with and expressly limited to each constituent community's percentage share of ownership of the Davenport Water Pollution Control Plant. 20. If the remediation steps called for in this consent order result in a cessation of violation for an extended period of time, Joint Sewer Use Committee (JSUC) may request that the IDNR review the status of this order. The parties agree that the goal of this order is compliance with statutes and regulations in order to provide protection of human health and the environment, and not to unduly burden the sewer rate payers with infrastructure that is not needed. VI. PENALTY 1. Iowa Code section 455B.191 authorizes the assessment of civil penalties of up to $5,000.00 per day of violation for the violations involved in this matter. 2. Iowa Code section 455B.109 authorizes the Commission to establish by rule a schedule of civil penalties up to $10,000 that may be assessed administratively. The Commission has adopted this schedule with procedures and criteria for assessment of. penalties at IAC Chapter 567 - 10. Pursuant to this chapter, the Department is authorized to issue an administrative order with penalties for noncompliance with this Order or to refer such noncompliance to the Iowa Attorney General for the initiation of a District Court action seeking such penalties and injunctive relief. VII. WAIVER OF APPEAL RIGHTS This Order is entered into knowingly by and with the consent of the Joint Use Cities. For that reason, the Joint Use Cities individually waive the right to appeal this Order or any part thereof. VIII. NONCOMPLIANCE Failure to comply with this Order may result in referral to the Attorney General to obtain injunctive relief pursuant to Iowa Code section 455B.191. Compliance with section V. of this Order constitutes full satisfaction of all requirements pertaining to the violations described in section "IV. Conclusions of Law" of this Order. 7 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES CHUCK GIPP, DIRECTOR Iowa Department of Natural Resources WILLIAM E. GZ A' MAYOR City of Davenport ROBERT S. GALLAGHER, MAYOR City of Bettendorf • DAVID WHITE, MAYOR City of Panorama Park Dated this 1 day of teaA. , 2013 Dated this / 9'kiay of , 2013 Dat�dtis o." day of f}.�-i��p , 2013 Date j is day of /—,tom ,2013 Dated this 2 d day of , 2013 NPDES #8222003; Field Office #6; Jon Tack; EPA; Water Quality Bureau; LC.1 8 C ,F 14th St 0 z z W Locust 5t 13th St N Line& c 0 oyf coct o 0. W 3rd PI yp w `N N 11 0 W ist 51 Wilk es Ave N s .0 St r ?Q,�w N x holm rn Black haw k foi e4 yo U 4 QrD nn 1'4°. ._ '9s J Ll4 t 4 two a`�C S, 0 e �`ple`I Abe (tC'0% `` p\45 y� 0 9 s 1 o/?, 0 ee' A SP '10h' Kell firar Krota Ave onte9e /to y` z pki Buckeye St' 2 0 Kiln al Or .Y iii. St W 1Gth St 22 W 12th 51 Cray 81 in 1930's Davenport Int ercept or Sanitary Sewer 1970's Davenport Intercep or Sanitary Sewer Figure AO -1 - Plan Vie w of Interceptors (Dav enport) Riv erfront Interceptors (by diameter (in.) & age) c N P. N > » A N ' i1 0 z t: Nz 6`,1 c z owllths' w 10th Sl w W91hS1 au,5t N � G r ST w r!h Cq Q W51h51F 0) m neGk 0r z Kirkwood Blvd E 131h St Z N C ' w E 11th St o E 16th St Z E 9th St Ealh51 E6th S' 5th 5l Fadera, Zrtd St vitas±:: Gov't Storm Box (Storm Sewer Outlet) 2.0d Ave 8 N in f.tr. 40 Ave 0, .-- so A4e tO Ave - r,V ., 8th Ave N rn nut 10th Ave E N r 111) _ co 't Ye N rr ye15th Av i 0 N m 7th Ave N E 0 N y; n Brid ge Avf' Cuil oge Ave E Locust St o .'. c 1)0:81 c 1970's D av enport nInterceptor t: Sanitary S ewer Upstream Start E 19th 5t (diddle Rd East ern I nterceptor Sanitary Sewer f 1930's Davenport Interceptor Sanitary Sewer Blum R Terrace Dr d % /J fl v oat: OT Gov't Storm Box (St orm Sew er) o, Roc1t Li Island Arsenal lu r. 9th Ave 12th Ave m N c .7) { ... h N O S 18th Ave v N 17th Ave n L N � N Snck Ave yVl t 3, F � 111h Ave 0 -6 1st Ave Illinois 92 UP River U M 14th Ave 16th Av1 Av Legen d w.en re m In terceptor: (by dia meter Iln. l a age ) 30. 1930': 42. 19705 e ra 19994 54.19705 Se , 19305 M P 66 .19705 Go ver nment B ee Storm Snror 72,197 05 LJ Muntmal Boundary 76.197 05 96 .19705 0 0.1250 .25 0.5 Miles I 1 1 1 1 1 I ryes 5 c a Davenport City Limit E tlitn St fiddle Rd > T sf iet00! Ln U 4p; Sprucc y. o Hlti0 beDr 0 • s \ patlway 5 0 ^'c't O pt .N r hfa r Be tten do rf City Limit Ea stern Intercepto r Sanitary Se wer Starts Here Aicn` Rra+' 22 0 G Mapletrest Rd Toth Dt 1.11 rr as St Devine Lr1 ra Lri luldY I,11 Old Ry ?tenant Dr ; 4 yard Dr peer Spria9 Ot D�PG Crlon St N Cody St M central Ave N Bettendorf: ep°t kgr WQ°tla Rd Sanitary Sewer Eastern Interceptor y' EUn 'MSS .15 7 Gov't Sto rm Bo x (Storm Sewer Upstream Bo un dary) f/ / / / r Figu re AO -2 - Plan View of Intercepto rs (Bettendo rf) Riverfront Interceptors (by diameter (in.) & age) Legen d River, Tool Intercepto rs (by dia me ter ) in. l 9 ape) 30.19304 42. 19705 48,1930' 5 54,1970: 54. 1930: M p P'p 66. 1970' 5 G ovomm ant B ox Sl ow, 5 5,50 , 72 .1970'5 L_._ � Municipal B oundary 78,1970% 06. 1970: 0 0 .125 0.25 1 1 1 1 l 1 1 1 l 0 .5 Miles APPENDIX B MSA Manhole Inspections RESOLUTION 2021-12 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A FIVE-YEAR AGREEMENT FOR THE MAINANTENANCE AND REPAIR OF PRIMARY ROADS WITH THE IOWA DEPARTMENT OF TRANSPORTATION IN THE CITY OF RIVERDALE, IOWA WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, the State of Iowa Department of Transportation ("IADOT") and the City wish to agree to the Maintenance and Repair of the Primary Roads within the City WHEREAS, the IADOT shall maintain and repair items specifically spelled out in Section I of the Agreement labelled Exhibit A WHEREAS, the City shall maintain and repair items specifically spelled out in Section II and I I I of Agreement labelled Exhibit A WHEREAS, this is a five year Agreement and is set to be renewed June 30, 2021; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA. Section 1. The City of Riverdale City Council Agrees to the Exhibit A and Authorizes the Mayor the City of Riverdale to sign. Passed and approved this 23rd day of March, 2021. APPROVED ATTEST Michael Bawden, Mayor Katie Enloe, Deputy Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.corn Form 810034wd 05-11 (, Iowa Department of Transportation `� Agreement for Maintenance and Repair of Primary Roads in Municipalities This Agreement made and entered into by and between the Municipality of Riverdale Scott County, Iowa, hereinafter referred to as the Municipality, and the Iowa Department of Transportation, Ames, Iowa, hereinafter referred to as the Department. AGREEMENT: In accord with Provisions of Chapter 28E, Sections 306.3, 306.4, 313.3-5, 313.21-.23, 313.27, 313.36, 314.5, 321.348 and 384.76 of the Code of Iowa and the Iowa Administrative Rules 761 — Chapter 150 (IAC) the Municipality and Department enter into the following agreement regarding maintenance, repair and minor reconstruction of the primary roads within the boundaries of the Municipality. 1. The Department shall maintain and repair: A. F_[eeways (functionally classified and -constructed) 1. Maintain highway features including ramps and repairs to bridges. 2. Provide bridge inspection. 3. Highway lighting. B. Primary Highways — Urban Cross -Section (curbed) (See Sec. II.A) 1. Pavement: Maintain and repair pavement and subgrade from face of curb to face of curb (excluding parking lanes, drainage structures, intakes, manholes, public or private utilities, sanitary sewers and storm sewers). 2. Traffic Services: Provide primary road signing for moving traffic, pavement marking for traffic lanes, guardrail, and stop signs at intersecting streets. 3. Drainage: Maintain surface drainage within the limits of pavement maintenance described in I.B.1 above. 4. Snow and Ice Removal: Plow traffic lanes of pavement and bridges and treat pursuant to the Department's policy. 5. Vehicular Bridges: Structural maintenance and painting as necessary. 6. Provide bridge inspection. C. Primary Highways — Rural Cross -Section (uncurbed) (See 113) 1. Maintain, to Department standards for rural roads, excluding tree removal, sidewalks, and repairs due to utility construction and maintenance. D. City Streets Crossing Freeway Rights of Way (See II.C) 1. Roadsides within the limits of the freeway fence. 2. Surface drainage of right of way. 3. Traffic signs and pavement markings required for freeway operation. 4. Guardrail at piers and bridge approaches. 5. Bridges including deck repair, structural repair, berm slope protection and painting. 6. Pavement expansion relief joints and leveling of bridge approach panels. II. The Municipality shall maintain and repair: A. Primary Highways — Urban Cross -Section (curbed) (See Sec. I.B) 1. Pavement: Maintain and repair pavement in parking lanes, intersections beyond the limits of state pavement maintenance; curbs used to contain drainage; and repairs to all pavement due to utility construction, maintenance and repair. 2. Traffic Services: Paint parking stalls, stop lines and crosswalks. Maintain, repair and provide energy to traffic signals and street lighting. 3. Drainage: Maintain storm sewers, manholes, intakes, catch basins and culverts used for collection and disposal of surface drainage. 4. Snow and ice removal: Remove snow windrowed by state plowing operations, remove snow and ice from all areas outside the traffic lanes and load or haul snow which the Municipality considers necessary. Remove snow and ice from sidewalks on bridges used for pedestrian traffic. 5. Maintain sidewalks, retaining walls and all areas between curb and right-of-way line. This includes the removal of trees as necessary and the trimming of tree branches as necessary. 6. Clean, sweep and wash streets when considered necessary by the Municipality. 7. Maintain and repair pedestrian overpasses and underpasses including snow removal, painting and structural repairs. B. Primary Highways — Rural Cross -Section (uncurbed) (See Sec. I.C) 1. Maintain and repair highway facilities due to utility construction and maintenance. 2. Removal of trees as necessary and the trimming of tree branches as necessary. 3. Maintain sidewalks. C. City Streets Crossing Freeway Rights of Way (See I.D) 1. All pavement, subgrade and shoulder maintenance on cross streets except expansion relief joints and bridge approach panel leveling. 2. Mark traffic lanes on the cross street. 3. Remove snow on the cross street, including bridges over the freeway. 4. Clean and sweep bridge decks on streets crossing over freeway. 5. Maintain all roadside areas outside the freeway fence. 6. Maintain pedestrian overpasses and underpasses including snow removal, painting, lighting and structural repair. III. The Municipality further agrees: A. That all traffic control devices placed by the Municipality on primary roads within the Municipal boundaries shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways." To ent ruction n the B. or onrpr vate property mwh chrmayto erha gtthe r ght'of way and which ght of way, the eretion of any coulld obstructtrthe viesigns on w of an the right of way, road or the traffic signs or traffic control devices contrary to Section 318.11 of the Code of Iowa. y portion of the C. To comply with all current statutes and regulations pertaining to overlength and overweight vehicles using the primary roads, and to issue special permits for overlength and overweight vehicles only with approval of the Department. D, To comply with the current Utility Accommodation Policy of the Department. E. To comply with the access control policy of the Department by obtaining prior approval of the Department for any changes to existing entrances or for the construction of new entrances. IV. Drainage district assessments levied against the primary road within the Municipality shall be shared equally by the Department and the Municipality. V. Major construction initiated by the Department and all construction initiated by the Municipality shall be covered by separate agreements. VI. The Department and the Municipality may by a separate annual Supplemental Agreement, reallocate any of the responsibilities covered in Section I of this agreement. VII. This Agreement shall be in effect for a five year period from July 1, 2021 to June 30, 2026 IN WITNESS WHEREOF, The Parties hereto have set their hands, for the purposes herein expressed, on the dates indicated below. City of Riverdale MUNICIPALITY By BY Date Date IOWA DEPARTMENT OF TRANSPORTATION District Engineer RESOLUTION NO. 2021-13 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE ECONOMIC DEVELOPMENT AND BLIGHTED AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING THE FENNO DRIVE URBAN RENEWAL PLAN WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, a Fenno Drive Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Fenno Drive Urban Renewal Area ("Area" or "Urban Renewal Area") described below has been prepared, which proposed Plan has been on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists of: Part of the Northeast Quarter of the Northeast Quarter, part of the Southeast Quarter of the Northeast Quarter, and part of the Northeast and Southeast Quarter of Section 23, Township 78 North, Range 4 East of the Fifth Principal Meridian, City of Riverdale, Scott County, Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Parcel Number 84232330211; thence southeasterly along the Northerly line of said Parcel Number 84232330211 to the Northwesterly corner of Parcel Number 8423230151; thence Southeasterly along the Northerly line of said Parcel Number 8423230151 to the Northwesterly corner of Parcel Number 8423230141; thence Southeasterly along the Northerly line of said Parcel Number 8423230141 to the Northeasterly corner of said Parcel Number 8423230141; thence Southerly along the Easterly line of said Parcel Number 8423230141 to the Northerly line of Parcel Number 842323007; thence Northeasterly along the Northerly line of said Parcel Number 842323007 to the Northeasterly corner of said Parcel Number 842323007; thence Southwesterly along the Easterly line of said Parcel Number 842323007 to the Southeasterly corner of said Parcel Number 842323007; thence Westerly along the Southerly line of said Parcel Number 842323007 to the North end of the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to the Northerly right of way line of Fenno Road; thence Southeasterly along the Northerly right of way line of Fenno Road to the Westerly right of way line of Valley Drive; thence Southwesterly along the Westerly right of way line of Valley Drive to the Northeasterly corner of Parcel Number 842326104-2; thence Southwesterly along the Easterly line of said Parcel Number 842326104-2 to the Southeasterly corner of said Parcel Number 842326104-2; thence Northwesterly along the Southerly line of said Parcel Number 842326104-2 to the Southwesterly corner of said Parcel Number 842326104-2; thence Northeasterly along the Westerly line of said Parcel Number 842326104-2 to the Southerly right of way line of Fenno Road; thence Northwesterly along the Southerly right of way line of Fenno Road to the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to a point 75 feet South of the centerline of said Fenno Road; thence Westerly at a right angle to the last described course to the Westerly right of way line of Fenno Drive; thence Northerly along the Westerly right of way line of Fenno Drive to the Southerly line of Parcel Number 84232330211; thence Northwesterly along the Southerly line of said Parcel Number 84232330211 to the Southwesterly corner of said Parcel Number 84232330211; thence Northerly along the Westerly line of said Parcel Number 84232330211 to the point of beginning. WHEREAS, it is desirable that the Urban Renewal Area be redeveloped as described in the proposed Urban Renewal Plan to be known hereafter as the "Fenno Drive Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and WHEREAS, creation of the Urban Renewal Area and adoption of the Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, by resolution adopted on February 23, 2021, this Council directed that a consultation be held with the designated representatives of all affected taxing 2 entities to discuss the proposed Urban Renewal Plan and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Mayor, or his delegate, filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by resolution this Council also set a public hearing on the adoption of the proposed Urban Renewal Plan for this meeting of the Council, and due and proper notice of the public hearing was given, as provided by law, by timely publication in the Quad City Times, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, STATE OF IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Fenno Drive Urban Renewal Plan" for the area of the City of Riverdale, State of Iowa, legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Fenno Drive Urban Renewal Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds: a) Although relocation is not expected, a feasible method exists for the relocation of any families who will be displaced from the Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b) The Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and c) Acquisition by the City is not immediately expected, however, as to any areas of open land to be acquired by the City included within the Urban Renewal Area: 3 i. Residential use is expected and with reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: a. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. b. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. c. That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. d. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. H. Non-residential use is not expected, however, with reference to any portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Urban Renewal Area is an economic development and blighted area within the meaning of Chapter 403, Code of Iowa; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403, Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Urban Renewal Plan, attached hereto as Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and 4 flr adopted as the "Fenno Drive Urban Renewal Han for the Fenno Drive Urban Renewal Area"; the Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of the Urban Renewal Plan with the proceedings of this meeting. Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the Urban Renewal Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Said Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Scott County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 23rd day of March, 2021. Mike Bowden, Mayor ATTEST: Katie Enloe, Deputy City Clerk Label the Plan as Exhibit 1 (with all exhibits) and attach it to this Resolution. 5 ATTACH THE PLAN LABELED AS EXHIBIT 1 HERE CERTIFICATE STATE OF IOWA SS COUNTY OF SCOTT I, the undersigned City Clerk of the City of Riverdale, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2021. City Clerk, City of Riverdale, State of Iowa (SEAL) 01779981-1\22647-012 RESOLUTION NO. 2021-16 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RIVERDALE AND BELMONT DEVELOPMENT PROPERTIES, LLC WHEREAS, by Resolution No. , adopted March 23, 2021, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Fenno Drive Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Fenno Drive Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan will be filed in the office of the Recorder of Scott County; and WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Belmont Development Properties, LLC (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) consisting of Housing Units; Infrastructure Improvements to serve the Housing Units including streets, sanitary sewer, and storm sewer; and all related site improvements, on certain real property located within the proposed Urban Renewal Area as defined and legally described in the Agreement (the "Development Property"), all as outlined in the proposed Agreement; and WHEREAS, the Agreement further proposes that, under the terms and following Developer's satisfaction of the conditions set forth in the Agreement, the City will make up to sixteen (16) annual payments of Economic Development Grants to Developer, in the amount of 80% of the Tax Increment generated by the construction of the Minimum Improvements and collected pursuant to Iowa Code Section 403.19, starting the first fiscal year in which the Tax Increments are collected and ending after (i) sixteen (16) annual Economic Development Grants have been paid, (ii) the maximum cumulative total of the Economic Development Grants has been paid, or (iii) the Agreement is terminated pursuant to its terms, whichever is sooner; the maximum cumulative total for all Economic Development Grants not to exceed $300,000; and WHEREAS, the Agreement also proposes that Developer and the City will enter into a Minimum Assessment Agreement with the County setting the minimum actual value of the Minimum Improvements for tax purposes at not less than $2,070,000; and WHEREAS, Chapters 15A and 403, Code of Iowa, authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account any or all of the factors set forth in Chapter 15A, Code of Iowa, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes, or which generate tourism -related activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed. d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account the factors set forth therein. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to cany out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 23rd day of March, 2021. Mike Bawden, Mayor ATTEST: Katie Enloe, Deputy City Clerk CERTIFICATE STATE OF IOWA COUNTY OF SCOTT ) SS I, the undersigned City Clerk of the City of Riverdale, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2021. (SEAL) City Clerk, City of Riverdale, State of Iowa 01843290-1\22647-013 Passed and approved this 23rd day of March 2021. City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com RESOLUTION NO. 2021-14 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RIVERDALE AND BELMONT DEVELOPMENT PROPERTIES, LLC WHEREAS, by Resolution No. adopted March 23, 2021, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Fenno Drive Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Fenno Drive Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan will be filed in the office of the Recorder of Scott County; and WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Belmont Development Properties, LLC (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) consisting of Housing Units; Infrastructure Improvements to serve the Housing Units including streets, sanitary sewer, and storm sewer; and all related site improvements, on certain real property located within the proposed Urban Renewal Area as defined and legally described in the Agreement (the "Development Property"), all as outlined in the proposed Agreement; and WHEREAS, the Agreement further proposes that, under the terms and following Developer's satisfaction of the conditions set forth in the Agreement, the City will make up to sixteen (16) annual payments of Economic Development Grants to Developer, in the amount of 80% of the Tax Increment generated by the construction of the Minimum Improvements and collected pursuant to Iowa Code Section 403.19, starting the first fiscal year in which the Tax Increments are collected and ending after (i) sixteen (16) annual Economic Development Grants have been paid, (ii) the maximum cumulative total of the Economic Development Grants has been paid, or (Hi) the Agreement is terminated pursuant to its terms, whichever is sooner; the maximum cumulative total for all Economic Development Grants not to exceed $300,000; and WHEREAS, the Agreement also proposes that Developer and the City will enter into a Minimum Assessment Agreement with the County setting the minimum actual value of the Minimum Improvements for tax purposes at not less than $2,070,000; and WHEREAS, Chapters 15A and 403, Code of Iowa, authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account any or all of the factors set forth in Chapter 15A, Code of Iowa, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes, or which generate tourism -related activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed. d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account the factors set forth therein. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 23rd day of March, 2021. Mike Bawden, Mayor ATTEST: Katie Enloe, Deputy City Clerk CERTIFICATE STATE OF IOWA SS COUNTY OF SCOTT I, the undersigned City Clerk of the City of Riverdale, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2021. City Clerk, City of Riverdale, State of Iowa (SEAL) 01843290-1\22647-013 Passed and approved this 23rd day of March 2021. City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com AGREEMENT FOR PRIVATE DEVELOPMENT By and Between THE CITY OF RIVERDALE, IOWA AND BELMONT DEVELOPMENT PROPERTIES, LLC , 2021 Execution Version AGREEMENT FOR PRIVATE DEVELOPMENT THIS AGREEMENT FOR PRIVATE DEVELOPMENT ("Agreement"), is made on or as of the day of , 2021, by and between the CITY OF RIVERDALE, IOWA, a municipality ("City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapters 15A and 403 of the Code of Iowa, 2021, as amended ("Urban Renewal Act"), and Belmont Development Properties, LLC, an Iowa limited liability company ("Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for economic development and blight remediation in an area of the City and, in this connection, on March 23, 2021, adopted the Fenno Drive Urban Renewal Plan (the "Urban Renewal Plan") for purposes of carrying out urban renewal project activities in an area known as the Fenno Drive Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, a copy of the foregoing Urban Renewal Plan has been or will be recorded among the land records in the office of the Recorder of Scott County, Iowa; and WHEREAS, the Developer owns or will own certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer intends to cause certain Minimum Improvements (as further described herein) to be constructed on the Development Property in the Urban Renewal Area; and WHEREAS, the City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: -2- Execution Version Agreement means this Agreement and all exhibits and appendices hereto, as the same may be from time to time modified, amended, or supplemented. Belmont Development Properties, LLC TIF Account means a separate account within the Fenno Drive Urban Renewal Area Tax Increment Revenue Fund of the City in which there shall be deposited Tax Increment received by the City with respect to the Minimum Improvements and Development Property. City means the City of Riverdale, Iowa, or any successor to its functions. Code means the Code of Iowa, 2021, as amended. County means the County of Scott, Iowa. Developer means Belmont Development Properties, LLC and its permitted successors and assigns. Development Property means that portion of the Fenno Drive Urban Renewal Area of the City described in Exhibit A hereto. Economic Development Grants means the payments to be made by the City to Developer under Article VIII of this Agreement. Event of Default means any of the events described in Section 9.1 of this Agreement. Fenno Drive Urban Renewal Area Tax Increment Revenue Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed, or otherwise, including bonds or other obligations issued under the authority of Chapters 15A, 403, or 384 of the Code, incurred by the City to fmance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Urban Renewal Area. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Homebuyer means the person or persons who purchase a Housing Unit. Housing Unit means dwelling units to be constructed, as part of multi -residential structures, on lots within the Development Property. Indemnified Parties means the City and the governing body members, officers, agents, servants, and employees thereof. -3- Execution Version Infrastructure Improvements means any public improvements which the Developer is required to complete in connection with the platting of the Development Property in order to make development of the Housing Units possible. Minimum Actual Value means the minimum actual value of the Minimum Improvements on the Development Property (land and building(s) value) as set forth in the Minimum Assessment Agreement (Exhibit D). Minimum Assessment Agreement means the minimum assessment agreement in the form of Exhibit D attached hereto: Minimum Improvements means the certain Housing Units on the Development Property and any Infrastructure Improvements completed by the Developer, as more particularly described in Exhibits B and B-1 to this Agreement. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Ordinance means the Ordinance of the City under which the taxes levied on the taxable property in the Urban Renewal Area shall be divided and a portion paid into the Fenno Drive Urban Renewal Area Tax Increment Revenue Fund. Project shall mean the construction of the Minimum Improvements and the other obligations of the Developer described in this Agreement. State means the State of Iowa. Tax Increment means the property tax revenues on the on the taxable portions of the Development Property and the Minimum Improvements divided and made available to the City for deposit in the Belmont Development Properties, LLC Account of the Fenno Drive Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date this Agreement terminates, as established in Section 10.9 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions, or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts, or other labor disputes, litigation commenced by third parties, or the acts of any federal, State, or local governmental unit (other than the City with respect to the City's obligations). Urban Renewal Area shall mean the area known as the Fenno Drive Urban Renewal Area, which is designated in the Urban Renewal Plan as an economic development area that is -4- Execution Version appropriate for the provision of public improvements related to housing and residential development. Urban Renewal Plan means the Fenno Drive Urban Renewal Plan, as may be amended, approved in respect of the Fenno Drive Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: a. The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. b. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions, or provisions of any contractual restriction, evidence of indebtedness, agreement, or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. c. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City only, and not of any governing body member, officer, agent, servant, or employee of the City in the individual capacity thereof. Section 2.2. Representations and Warranties of Developer. The Developer makes the following representations and warranties: a. Belmont Development Properties, LLC is an Iowa limited liability company duly organized and validly existing under the laws of the State of Iowa, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. b. This Agreement has been duly and validly authorized, executed, and delivered by Developer and, assuming due authorization, execution, and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization, or other laws relating to or affecting creditors' rights generally. c. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions, or provisions of the governing documents of -5- Execution Version Developer or of any contractual restriction, evidence of indebtedness, agreement, or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. d. There are no actions, suits, or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results or operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. e. Developer has not received any notice from any local, State, or federal official that the activities of Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State, or federal environmental law, regulation, or review procedure applicable to the Development Property, and Developer is not currently aware of any violation of any local, State, or federal environmental law, regulation, or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. f Developer has firm commitments for construction or acquisition and permanent financing for the Project in an amount sufficient, together with equity commitments, to successfully complete the Project. g. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal, or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. h. Developer expects that construction of the Minimum Improvements will cost approximately $2,070,000. i. The Developer would not undertake its obligations under this Agreement without the potential for payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. CONSTRUCTION OF MINIMUM IMPROVEMENTS, TAXES Section 3.1. Construction of Minimum Improvements. a. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be undertaken and completed by December 31, 2022, or such other date as the parties mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. -6- Execution Version b. The Developer agrees that it will cause the Minimum Improvements to be constructed on the Development Property in conformance with all applicable federal, State, and local laws, ordinances, and regulations, including any City permit and/or building requirements. All work with respect to the Minimum Improvements shall be in conformity with any plans approved and/or permits issued by the building official(s) of the City, which approvals and issuances shall be made according to normal City processes for such plans and permits. The Developer agrees that the scope and scale of the Minimum Improvements shall not be significantly less than the scope and scale as described in this Agreement. The Developer agrees that it shall permit designated representatives of the City, upon reasonable notice to the Developer (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof. Section 3.2. Completion and Dedication of Infrastructure Improvements; Bonding Requirements. a. Subject to Unavoidable Delays, the Developer shall cause construction of the Infrastructure Improvements to be undertaken and completed by December 31, 2022, or such other date as is required by the City's standard platting processes. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. b. Upon completion of the Infrastructure Improvements, Developer shall notify City of such completion and the City shall inspect the Infrastructure Improvements. If (i) the Infrastructure Improvements have been completed in conformance with all applicable federal, State, and local laws and regulations, including all City ordinances and land use requirements, and (ii) the City is in receipt of copies of the maintenance bonds required by Section 3.2(c) for such improvements, then the City shall accept dedication of the conforming Infrastructure Improvements from the Developer. c. Developer shall obtain, or require each of its general contractors to obtain, one or more bonds that guarantee the faithful performance of the construction of, in the aggregate, the anticipated full value of the completed Infrastructure Improvements and that further guarantee the prompt payment of all materials and labor. The performance bond(s) for the Infrastructure Improvements shall remain in effect until construction of such improvements are completed, at which time a four-year maintenance bond, or similar instrument, guarantee 125% of the cost of the applicable improvement(s), shall be substituted for each performance bond. The bonds shall clearly specify the Developer and City as joint obligees. d. Developer recognizes and agrees, with respect to any portion of the Infrastructure Improvements which Developer dedicates to the City and the City accepts, the Infrastructure Improvements thereafter shall be owned by the City and that Developer shall not retain any special legal entitlements or other rights not held by members of the general public with respect to ownership, sufficiency for any particular purpose, or use of the Infrastructure Improvements. Section 3.3. Real Property Taxes. Developer or its successors shall pay or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts -7- Execution Version of the Development Property acquired and owned by them and pursuant to the provisions of this Agreement. Until Developer's obligations have been assumed by any other person or legal title to the property is vested in another person, all pursuant to the provisions of this Agreement, Developer shall be solely responsible for all assessments and taxes on the Development Property and Minimum Improvements. Developer and its successors agree that prior to the Termination Date: a. They will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Development Property or Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and b. They will not seek any tax exemption deferral or abatement either presently or prospectively authorized under any State, federal, or local law with respect to taxation of real property contained on the Development Property between the date of execution of this Agreement and the Termination Date. Section 3.4. Minimum Assessment Agreement. a. As further consideration for this Agreement, Developer shall execute, within ten (10) days of acquiring title to the Development Property, an Assessment Agreement pursuant to the provisions of Iowa Code Section 403.6(19) specifying the Assessor's Minimum Actual Value for the Minimum Improvements on the Development Property for calculation of real property taxes in the form attached as Exhibit D ("Assessment Agreement" or "Minimum Assessment Agreement"). Specifically, Developer, City, the Assessor, the holder of any Mortgage and all prior lienholders shall agree to a Minimum Actual Value for the Minimum Improvements and the Development Property of not less than $2,070,000, before rollback, upon completion of the Minimum Improvements, but no later than January 1, 2023. Such minimum actual value at the time applicable is herein referred to as the "Assessor's Minimum Actual Value." Nothing in the Assessment Agreement shall limit the discretion of the Assessor to assign an actual value to the Development Property in excess of such. Assessor's Minimum Actual Value nor prohibit Developer from seeking through the exercise of legal or administrative remedies a reduction in such actual value for property tax purposes; provided, however, that Developer shall not seek a reduction of such actual value below the Assessor's Minimum Actual Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until it terminates in accordance with its terms. The Assessment Agreement shall be certified by the Assessor for the County as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the County Recorder, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property or parts thereof, whether voluntary or involuntary. Such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, as well as all prior lienholders and the holder of any Mortgage, each of which shall sign a consent to the Minimum Assessment -8- Execution Version Agreement. Developer shall ensure that any existing lienholder shall sign a written consent to the Minimum Assessment Agreement in a form satisfactory to City. b. The parties acknowledge that the Developer does not own the Development Property as of the date of this Agreement. The Developer's acquisition of title to the Development Property and Developer's execution of the Minimum Assessment Agreement within 10 days of acquiring title to the Development Property are conditions precedent to the other obligations of the parties under this Agreement. Section 3.5. Insurance Requirements. Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of the City, furnish the City with proof of coverage or payment of premiums on): a. Builder's risk insurance, written on the so-called "Builder's Risk— Completed Value Basis," in an amount equal to the full replacement cost of the Minimum Improvements, and with coverage available in non -reporting form on the so-called "all risk" form of policy. b. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) with limits against bodily injury and property damage of at least $1,000,000 for each occurrence. The City shall be named as an additional insured for the City's liability or loss arising out of or in any way associated with the project and arising out of any act, error, or omission of Developer, or either entity's directors, officers, shareholders, contractors, and subcontractors or anyone else for whose acts the City may be held responsible (with coverage to the City at least as broad as that which is provided to Developer and not lessened or avoided by endorsement). The policy shall contain a "severability of interests" clause and provide primary insurance over any other insurance maintained by the City. c. Workers' compensation insurance with at least statutory coverage. The Developer's obligations under this Section 3.5 shall cease to apply to any portion of the Minimum Improvements or Development Property that is: (i) conveyed to a Homebuyer, (ii) conveyed to a third -party entity along with the corresponding obligations of this Agreement, or (iii) dedicated to and accepted by the City, as of the date of conveyance or acceptance. ARTICLE IV. COVENANTS OF THE DEVELOPER Section 4.1. Maintenance of Properties. Developer shall maintain, preserve, and keep the Development Property and Minimum Improvements (except with respect to any portion conveyed to a Homebuyer or dedicated to and accepted by the City), in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals, and additions. During the construction of the Minimum Improvements and thereafter, Developer shall maintain the Development Property and any other properties included in the worksite pursuant to a temporary construction easement or otherwise in good condition and clear of debris that would interfere with adjacent properties or the use of public -9- Execution Version right-of-way. At all times, Developer shall comply with all City requirements for the Development Property and Minimum Improvements. Section 4.2. Maintenance of Records. Developer will keep at all times proper books of record and account in which full, true, and correct entries will be made of all dealings and transactions of or in relation to its business and affairs relating to this Project in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 4.3. Compliance with Laws. Developer will comply with all State, federal, and local laws, rules, and regulations relating to the Minimum Improvements. Section 4.4. Non -Discrimination. In the construction and operation of the Minimum Improvements, the Developer shall not discriminate against any applicant, employee, Homebuyer, or tenant because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status. Developer shall ensure that applicants, employees, Homebuyers, and tenants are considered and are treated without regard to their age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status. Section 4.5. Available Information. Upon request and to the extent that such information is in possession of the Developer and/or Developer's agents and employees, Developer shall promptly provide the City with copies of information requested by City that are related to this Agreement and the Project so that City can determine compliance with the Agreement. Section 4.6. No Abatement. Homebuyers who purchase Housing Units on the Development Property are not eligible for tax abatement under any Urban Revitalization Plan or any other State, federal or local law, and Developer shall infoun Homebuyers and other prospective purchasers of the Development Property, or any portion thereof, of this limitation. A provision to such effect contained in any recorded restrictive covenants, deed, or purchase contract shall satisfy this requirement; in the absence of any of the foregoing, the Developer shall secure a signed written acknowledgement from each Homebuyer, or other purchaser of the Development Property, or any portion thereof, regarding the ineligibility of the Housing Unit for tax abatement, and provide a copy of the same to the City. A failure by Developer to comply with this provision shall be an Event of Default. ARTICLE V. INDEMNIFICATION Section 5.1. Release and Indemnification Covenants. a. Developer releases the Indemnified Parties from, covenants, and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Development Property or the Minimum - 10 - Execution Version Improvements (excepting any portion of the Infrastructure Improvements for which a maintenance bond has been issued and the City has accepted dedication). b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action, or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements (excepting any portion of the Infrastructure Improvements for which a maintenance bond has been issued and the City has accepted dedication), or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer, or its officers, agents, servants, or employees or any other person who may be about the Minimum Improvements (excepting any portion of the Infrastructure Improvements for which a maintenance bond has been issued and the City has accepted dedication) due to any act of negligence of Developer, its agents, and employees, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants, or employees. d. The provisions of this Article V shall survive the termination of this Agreement. ARTICLE VI. ASSIGNMENT AND TRANSFER Section 6.1. Status of the Developer; Transfer of Substantially All Assets; Assignment. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the Termination Date, the Developer will not dispose of all or substantially all of its assets or transfer, convey, or assign its interests in this Agreement or the Development Property to any other party (except with respect to conveyance to a Homebuyer of a portion of the Development Property on which a Housing Unit has been constructed) unless (i) the transferee partnership, corporation or individual assumes in writing all of the obligations of the Developer under this Agreement in its entirety or with respect to the portion of the Development Property being transferred, as applicable, and (ii) Developer provides at least 60 days' notice of the proposed the City, and the City does not object to the assignment during the 60 -day period. Section 6.2. Prohibition Against Use as Non -Taxable or Centrally -Assessed Property. During the term of this Agreement, the Developer agrees that no portion of the Development Property or Minimum Improvements shall be transferred or sold to a non-profit entity or used for a purpose that would exempt said portion of the Development Property from property tax liability. Notwithstanding the prior sentence, Developer may convey portions of the Development Property to the City to be used by the City for public infrastructure, parks, trails or other public purposes. During the term of this Agreement, Developer agrees not to allow any portion of the Development Property or Minimum Improvements to be used as centrally -assessed property (including but not limited to, Iowa Code § 428.24 to 428.29 (Public Utility Plants and Related Personal Property); -11- Execution Version Chapter 433 (Telegraph and Telephone Company Property); Chapter 434 (Railway Property); Chapter 437 (Electric Transmission Lines); Chapter 437A (Property Used in the Production, Generation, Transmission or Delivery of Electricity or Natural Gas); and Chapter 438 (Pipeline Property)). ARTICLE VII. RESERVED ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. For and in consideration of the obligations being assumed by Developer for the Project hereunder, subject to Developer being and remaining in compliance with this Agreement, the City agrees, subject to the Developer being and remaining in compliance with this Agreement at the time of each payment, to make annual payments of Economic Development Grants to Developer following the Developer's completion of the Minimum Improvements in accordance with the following terms and conditions: a. Schedule of Economic Development Grants. Assuming completion of the Minimum Improvements by December 31, 2022, full assessment of the Minimum Improvements on January 1, 2023, and the City's certification of debt related to payment of the Economic Development Grants to the County Auditor prior to December 1, 2023, the Economic Development Grants shall commence on June 1, 2025, and end after the earlier of the following: (i) sixteen (16) annual Economic Development Grants have been paid, (ii) the maximum cumulative total of $300,000 has been paid as the Economic Development Grants, or (iii) the Agreement has been terminated pursuant to its teiuis. If the completion of the Minimum Improvements is delayed, such that the Minimum Improvements are not fully assessed on January 1, 2023, but are instead first fully assessed on January 1, 2024, then the schedule of Economic Development Grants shall be delayed one year, such that the first Economic Development Grant would be paid on June 1, 2026. In no event shall the schedule of Economic Development Grants be delayed by more than one year. If the Minimum Improvements are not fully assessed on or before January 1, 2024, then this Article shall have no further force and effect and the City may terminate this Agreement by written notice to Developer or the same. b. Amount of Each Economic Development Grant. Each annual Economic Development Grant shall be in the amount of 80% of the Tax Increments collected pursuant to Iowa Code Section 403.19 in the fiscal year preceding payment of the Grant. As an example, assuming completion of the Minimum Improvements by December 31, 2022, full assessment of the Minimum Improvements on January 1, 2023, and the City's certification of debt related to payment of the Economic Development Grants to the County Auditor prior to December 1, 2023, then the first Economic Development Grant, to be paid on June 1, 2025, would be in the amount of 80% of the Tax Increments collected in Fiscal Year 2024-2025. For convenience of the parties, the anticipated schedule for payment of the Economic Development Grants is as follows: - 12 - Execution Version Grant Payment Date June 1, 2025 June 1, 2026 June 1, 2027 June 1, 2028 June 1, 2029 June 1, 2030 June 1, 2031 June 1, 2032 June 1, 2033 June 1, 2034 June 1, 2035 June 1, 2036 June 1, 2037 June 1, 2038 June 1, 2039 June 1, 2040 Grant Amount 80% of Tax Increments from Fiscal Year 24-25 80% of Tax Increments from Fiscal Year 25-26 80% of Tax Increments from Fiscal Year 26-27 80% of Tax Increments from Fiscal Year 27-28 80% of Tax Increments from Fiscal Year 28-29 80% of Tax Increments from Fiscal Year 29-30 80% of Tax Increments from Fiscal Year 30-31 80% of Tax Increments from Fiscal Year 31-32 80% of Tax Increments from Fiscal Year 32-33 80% of Tax Increments from Fiscal Year 33-34 80% of Tax Increments from Fiscal Year 34-35 80% of Tax Increments from Fiscal Year 35-36 80% of Tax Increments from Fiscal Year 36-37 80% of Tax Increments from Fiscal Year 37-38 80% of Tax Increments from Fiscal Year 38-39 80% of Tax Increments from Fiscal Year 39-40 c. Maximum Amount of Grants. Notwithstanding the foregoing, in no event shall the aggregate amount of the Economic Development Grants exceed $300,000 over the duration of this Agreement. The City makes no representation with respect to the amounts that may fmally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer, even if the aggregate grant amount is less than the maximums stated herein, so long as the City timely applies the Tax Increments actually collected and held in the Belmont Development Properties, LLC TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. d. Limitations on Grants. Each Economic Development Grant shall come solely and only from incremental taxes received by the City under Iowa Code Section 403.19 from levies upon the Minimum Improvements and Development Property. Under no circumstances shall the failure by Developer to qualify for an Economic Development Grant in any year serve to extend the tens of this Agreement beyond the Termination Date or the years during which Economic Development Grants may be awarded to Developer or the total amount thereof, it being the intent of parties hereto to provide Developer with an opportunity to receive Economic Development Grants only if Developer fully complies with the provisions of this Agreement regarding the Project and the Developer becomes entitled thereto, up to the maximum aggregate amounts set forth in Sections 8.1(a) and 8.1(c). Section 8.2. Conditions Precedent. Notwithstanding the provisions of Section 8.1, the obligation of the City to make an Economic Development Grant in any year shall be subject to and conditioned upon the all of the following: a. Developer's completion of the Minimum Improvements in accordance with the terms of this Agreement, including the completion of any required Infrastructure Improvements - 13 - Execution Version and the City's acceptance thereof, pursuant to Section 3.2, including provision of the maintenance bonds required by Section 3.2; b. Developer's compliance with the terms of this Agreement and the Minimum Assessment Agreement at the time of payment; c. No Event of Default has occurred and is continuing; if an Event of Default occurs and continues beyond any applicable cure period, then the City shall have no obligation thereafter to make any payments to Developer in respect of the Economic Development Grants and the provisions of this Article shall terminate and be of no further force or effect; and d. The City has previously certified debt related to payment of the Economic Development Grants to the County Auditor pursuant to Iowa Code Section 403.19. Section 8.3. TIF Ordinance and Annual Appropriation. a. The City hereby covenants and agrees to maintain the Ordinance with respect to the Development Property in force during the term of this Agreement and to apply the incremental taxes collected in respect of the Development Property and the Minimum Improvements and allocated to the Belmont Development Properties, LLC TIF Account to pay the Economic Development Grants, as and to the extent set forth in this Article. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. b. Each Economic Development Grant is subject to annual appropriation by the City Council. The right of non -appropriation reserved to the City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future Economic Development Grants shall not constitute a legal indebtedness of the City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of such a legal indebtedness of the City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by the City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. c. Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City fails to appropriate funds or receives an opinion from a court of competent jurisdiction to the effect that the use of Tax Increment resulting from the Development Property and the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable - 14 - Execution Version provisions of the Code, as then constituted, or the City's ability to collect Tax Increment from the Development Property is precluded by legislative changes to Iowa Code Chapter 403. Upon such non -appropriation, or receipt of such an opinion, the City shall promptly forward a notice of the same to the Developer. If the circumstances or legal constraints continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.1, then after the giving of thirty (30) days' written notice by the City to Developer and providing an opportunity for the Developer during the 30 -day period to consult with City representatives about such circumstances or legal constraints, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. If the City terminates this Agreement under the foregoing provision, then the City agrees to terminate the Minimum Assessment Agreement with the Developer as well. Section 8.4. Use of Other Tax Increments. Subject to the terms of this Article, the City shall be free to use any and all available Tax Increments in excess of the stated maximum or resulting from the suspension or termination of the Economic Development Grants, for any purpose for which the Tax Increment may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE DC. DEFAULT AND REMEDIES Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: a. Failure by the Developer to cause the construction of Minimum Improvements to be completed pursuant to the tenns, conditions, and limitations of this Agreement; b. Transfer of any of Developer's interests in this Agreement of the Development Property in violation of the provisions of this Agreement; c. Failure by Developer to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement or the Minimum Assessment Agreement; d. The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; e. If the Developer shall: i. file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or ii. make an assignment for the benefit of its creditors; or - 15 - Execution Version iii. admit in writing its inability to pay its debts generally as they become due; or iv. be adjudicated bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against Developer, and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; f Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certification furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; g. The Minimum Assessment Agreement has been challenged by the Developer or any subsequent owner of the Development Property, or any lienholder with a lien on the Development Property; or the Minimum Assessment Agreement has been terminated, removed from application to the Development Property, or invalidated in any regard; or h. All real property taxes and assessments payable with respect to all and any parts of the Development Property have not been paid when due, whether the Development Property is owned by the Developer or by a successor in interest to the Development Property. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections 9.1(d) or 9.1(e) of said Section 9.1) the giving of thirty (30) days' written notice by the City to Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: a. The City may suspend its performance under this Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure the default and continue its performance under this Agreement; b. The City may terminate this Agreement; c. The City shall have no obligation thereafter to make any payments to Developer in respect of the Economic Development Grants; and - 16 - Execution Version d. The City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of Developer under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 9.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, Developer agrees that it shall, upon settlement of the Event of Default or by Judgment of a Court of competent jurisdiction be found to have been in default of this Agreement, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. ARTICLE X. MISCELLANEOUS Section 10.1. Conflict of Interest. Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision -making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 10.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and - 17 - Execution Version a. In the case of the Developer, is addressed to Belmont Development Properties, LLC at PO Box 809, Bettendorf, Iowa 52722, Attn: Craig Windmiller and Reed Windmiller; and b. In the case of the City, is addressed to or delivered personally to the City of Riverdale at 110 Manor Drive, Riverdale, IA 52722; Attn: City Administrator/Clerk; or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 10.3. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Development, in substantially the form attached as Exhibit C, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The City shall pay for the costs of recording. Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 10.7. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 10.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 10.9. Termination Date. This Agreement shall terminate and be of no further force or effect on and after on and after June 30 of the last fiscal year in which an Economic Development Grant is payable to Developer under the terms of this Agreement, unless the Agreement is terminated earlier by the other terms of this Agreement. Section 10.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, Homebuyer, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, Homebuyer, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. - 18 - Execution Version Section 10.11. Advancement of City Expenses. Upon execution of this Agreement, Developer agrees to advance a portion of the City's costs, in the amount of $20,000, related to the drafting and adoption of the Fenno Drive Urban Renewal Plan, the drafting and approval of this Agreement, and other administrative expenses incurred by the City related to the Project's approval such as expenses related to platting of the Development Property and publication of notices related to the foregoing actions. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and Developer has caused this Agreement to be duly executed in its name and behalf by its authorized representatives all on or as of the day first above written. - 19 - Execution Version (SEAL) CITY OF RIVERDALE, IOWA By: Mike Bawden, Mayor ATTEST: By: Kent Royster, City Administrator/Clerk STATE OF IOWA ) SS COUNTY OF SCOTT On this day of , 2021, before me a Notary Public in and for said State, personally appeared Mike Bawden and Kent Royster, to me personally known, who being duly sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Riverdale, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Agreement for Private Development — City of Riverdale, Iowa] - 20 - Execution Version BELMONT DEVELOPMENT PROPERTIES, LLC, an Iowa limited liability company By: Print Name: Its: ATTEST: By: Print Name: Its: STATE OF IOWA ) ) SS COUNTY OF ) On this day of , 2021, before me the undersigned, a Notary Public in and for said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Belmont Development Properties, LLC an Iowa limited liability company, and that said instrument was signed on behalf of said company; and that the said officers as such acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Agreement for Private Development — Belmont Development Properties, [LC] -21- Execution Version EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Riverdale, County of Scott, State of Iowa, more particularly described as follows: Lots 1 and 2, Belmont Townhomes, a Subdivision in Riverdale, Scott County, Iowa. A-1 Execution Version EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements include the construction of approximately twelve (12) Housing Units, built as townhomes or apartments, each of which shall contain a minimum of 1,200 square feet with no fewer than 3 bedrooms, 2 ''A bathrooms, and a 2 -car garage. The Minimum Improvements are expected to be completed by December 31, 2022. The Minimum Improvements may include Infrastructure Improvements, as necessary to comply with the City's standard requirements for platting, such as sanitary sewer lines, storm water management features, and streets that would be intended to be dedicated to the City. See Exhibit B-1 for a conceptual layout depiction of the Development Property. B-1 Execution Version EXHIBIT B-1 CONCEPTUAL LAYOUT FOR DEVELOPMENT PROPERTY 238 BELMO JT ROAD B-2 Execution Version Prepared by: Jenna H. Bishop, Ahlers & Cooney, 100 Court Ave. #600, Des Moines, IA 50309, 515-243-7611 Return to: City Clerk, City of Riverdale, 110 Manor Drive, Riverdale, IA 52722 EXHIBIT C MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, the City of Riverdale, Iowa (the "City") and Belmont Development Properties, LLC, an Iowa limited liability company (the "Developer"), did on or about the day of , 2021, make, execute, and deliver an Agreement for Private Development (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: Lots 1 and 2, Belmont Townhomes, a Subdivision in Riverdale, Scott County, Iowa (the "Development Property"); and WHEREAS, the term of this Agreement shall commence on the day of , 2021 and terminate on the Termination Date, as set forth in the Agreement; and WHEREAS, the City and Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any C-1 Execution Version claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, Riverdale, Iowa. IN WITNESS WHEREOF, the City and Developer have executed this Memorandum of Agreement for Private Development as of the day of , 2021. [Remainder of page intentionally left blank; Signature pages follow] C-2 Execution Version (SEAL) CITY OF RIVERDALE, IOWA By: Mike Bawden, Mayor ATTEST: By: Kent Royster, City Administrator/Clerk STATE OF IOWA ) SS COUNTY OF SCOTT On this day of , 2021, before me a Notary Public in and for said State, personally appeared Mike Bawden and Dent Royster, to me personally known, who being duly sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Riverdale, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Memorandum of Agreement, for Private Development — City of Riverdale, Iowa] C-3 Execution Version BELMONT DEVELOPMENT PROPERTIES, LLC, an Iowa limited liability company By: Print Name: Its: ATTEST: By: Print Name: Its: STATE OF IOWA ) SS COUNTY OF On this day of , 2021, before me the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Belmont Development Properties, LLC an Iowa limited liability company, and that said instrument was signed on behalf of said company; and that the said officers as such acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Memorandum of Agreement for Private Development — Belmont Development Properties, LLC] C-4 Execution Version Prepared by: Jenna H. Bishop, Ahlers & Cooney, 100 Court Ave. #600, Des Moines, IA 50309, 515-243-7611 Return to: City Clerk, City of Riverdale, 110 Manor Drive, Riverdale, IA 52722 EXHIBIT D MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT ("Minimum Assessment Agreement" or "Assessment Agreement"), is dated as of , 2021, by and between the CITY OF RIVERDALE, IOWA (the "City"), a municipal corporation established pursuant to the Code of Iowa and acting under the authorization of Chapter 15A and Chapter 403 of the Code of Iowa, 2021, as amended (the "Urban Renewal Act"), and Belmont Development Properties, LLC, an Iowa limited liability company ("Developer"). WITNESSETH: WHEREAS, City and Developer have entered into an Agreement for Private Development dated as of , 2021 ("Development Agreement" or "Agreement") regarding certain real property located in the City which is legally described as follows: Lots 1 and 2, Belmont Townhomes, a Subdivision in Riverdale, Scott County, Iowa (the "Development Property"); and WHEREAS, the defined terms in the Development Agreement will also apply to this Minimum Assessment Agreement; and WHEREAS, it is contemplated that Developer will undertake the construction of Minimum Improvements (as defined in the Development Agreement) on the Development Property, as provided in the Development Agreement; and WHEREAS, pursuant to Section 403.6(19) of the Code of Iowa, as amended, City and Developer desire to establish a minimum actual value for the Minimum Improvements to be constructed on the Development Property pursuant to the Development Agreement; and D-1 Execution Version WHEREAS, City and the Assessor for the County have reviewed the preliminary plans and specifications for the Minimum Improvements that are contemplated to be constructed. NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. The Minimum Actual Value for the Minimum Improvements and the Development Property shall be fixed for assessmentpurposes at not less than $2,070,000, before rollback, upon completion of the Minimum Improvements, but no later than January 1, 2023. The Minimum Actual Value shall continue to be effective until December 31, 2043 (the "Assessment Agreement Termination Date"). The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Development Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 2. Developer shall pay or cause to be paid when due all real property taxes and assessments payable with respect to all and any parts of the Development Property and the Minimum Improvements pursuant to the provisions of this Minimum Assessment Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Development Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership, or operation of the Development Property or the Minimum Improvements by Developer, or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Development Property or the Minimum Improvements. 3. Developer agrees that, prior to the Assessment Termination Date, it will not: a. seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Development Property or the Minimum Improvements determined by any tax official to be applicable to the Development Property, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or b. seek any tax deferral or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other local or State law, of the taxation of real property, including improvements and fixtures thereon, contained in the Development Property or the Minimum Improvements between the date of execution of this Agreement and the Assessment Termination Date; or c. request the Assessor to reduce the Minimum Actual Value; or D-2 Execution Version d. appeal to the board of review of the County, State, District Court or to the Director of Revenue of the State to reduce the Minimum Actual Value; or e. cause a reduction in the actual value or the Minimum Actual Value through any other proceedings 4. This Minimum Assessment Agreement shall be promptly recorded by City with the Recorder of Scott County, Iowa. Such filing shall constitute notice to any subsequent purchaser or encumbrancer of the Development Property (or part thereof), whether voluntary or involuntary, and this Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage. City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Minimum Assessment Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and permitted assigns. 7. Nothing herein shall be deemed to waive the rights of Developer under Iowa Code Section 403.6(19) to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall Developer seek to reduce the actual value to an amount below the Minimum Actual Value established herein during the term of this Agreement. This Minimum Assessment Agreement may be amended or modified and any of its terms, covenants, representations, warranties or conditions waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. 8. If any term, condition or provision of this Minimum Assessment Agreement is for any reason held to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, which shall at the time be construed and enforced as if such illegal or invalid or inoperable portion were not contained herein. 9. The Minimum Actual Value herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on the Assessment Agreement Termination Date set forth in Section 1 above. 10. Developer has provided a title opinion or lien or title search/certificate to City listing all lienholders of record as of the date of this Assessment Agreement and all such lienholders have signed a consent to this Assessment Agreement substantially in the form of the Lienholder Consent set forth in this Exhibit D, which consents are attached hereto and made a part hereof. [Signatures Start on Next Page] D-3 Execution Version (SEAL) CITY OF RIVERDALE, IOWA By: Mike Bawden, Mayor ATTEST: By: Kent Royster, City Administrator/Clerk STATE OF IOWA ) ) SS COUNTY OF SCOTT ) On this day of , 2021, before me a Notary Public in and for said State, personally appeared Mike Bawden and Kent Royster, to me personally known, who being duly sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Riverdale, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Minimum Assessment Agreement — City of Riverdale, Iowa] D-4 Execution Version BELMONT DEVELOPMENT PROPERTIES, LLC, an Iowa limited liability company By: Print Name: Its: ATTEST: By: Print Name: Its: STATE OF IOWA ) ) SS COUNTY OF ) On this day of , 2021, before me the undersigned, a Notary Public in and for said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Belmont Development Properties, LLC an Iowa limited liability company, and that said instrument was signed on behalf of said company; and that the said officers as such acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Minimum Assessment Agreement — Belmont Development Properties, LLC] D-5 Execution Version EXHIBIT D (Cont.) LIENHOLDER CONSENT In consideration of one dollar and other valuable consideration, the receipt of which is hereby acknowledged, and notwithstanding anything in any loan or security agreement to the contrary, the undersigned ratifies, approves, consents to and confirms the Minimum Assessment Agreement entered into between the parties, and agrees to be bound by its terms and subordinates any previously acquired mortgage, lien or other interest in the Development Property to the City of Riverdale, Iowa. This provision shall be binding on the parties and their respective successors and assigns. Name of Lienholder By: Signature ATTEST: By: Signature Date STATE OF ) SS COUNTY OF On this day of , 2021, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of and that said instrument was signed on behalf of said company, and that the said acknowledged the execution of said instrument to be the voluntary act and deed of said company, by them voluntarily executed. Notary Public in and for said state [add additional pages for each lienholder] Note: If there are no lienholders, this page shall have no signatures. D-6 Execution Version EXHIBIT D (Cont.) CERTIFICATION OF SCOTT COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements already constructed or to be constructed and the market value assigned to the land upon which the Minimum Improvements are constructed, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the Development Property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to the Minimum Improvements and the Development Property shall be fixed for assessment purposes at not less than $2,070,000, before rollback, upon completion of the Minimum Improvements, but no later than January 1, 2023, and such minimum value shall continue through the Assessment Termination Date. Assessor for the County of Scott, Iowa Date STATE OF IOWA ) SS COUNTY OF SCOTT Subscribed and sworn to before me by , Assessor for the County of Scott, Iowa on this day of , 2021. Notary Public for the State of Iowa D-7 Execution Version EXHIBIT D (cont.) Consistent with Iowa Code §403.6(19)(b), filed with this assessor certification is a copy of subsection 19 as follows: 19. a. A municipality, upon entering into a development or redevelopment agreement pursuant to section 403.8, subsection 1, or as otherwise perniitted in this chapter, may enter into a written assessment agreement with the developer of taxable property in the urban renewal area which establishes a minimum actual value of the land and completed improvements to be made on the land until a specified termination date which shall not be later than the date after which the tax increment will no longer be remitted to the municipality pursuant to section 403.19, subsection 2. The assessment agreement shall be presented to the appropriate assessor. The assessor shall review the plans and specifications for the improvements to be made and if the minimum actual value contained in the assessment agreement appears to be reasonable, the assessor shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property upon completion of the improvements to be made on it, certifies that the actual value assigned to that land and improvements upon completion shall not be less than $ b. This assessment agreement with the certification of the assessor and a copy of this subsection shall be filed in the office of the county recorder of the county where the property is located. Upon completion of the improvements, the assessor shall value the property as required by law, except that the actual value shall not be less than the minimum actual value contained in the assessment agreement. This subsection does not prohibit the assessor from assigning a higher actual value to the property or prohibit the owner from seeking administrative or legal remedies to reduce the actual value assigned except that the actual value shall not be reduced below the minimum actual value contained in the assessment agreement. An assessor, county auditor, board of review, director of revenue, or court of this state shall not reduce or order the reduction of the actual value below the minimum actual value in the agreement during the term of the agreement regardless of the actual value which may result from the incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording of an assessment agreement complying with this subsection constitutes notice of the assessment agreement to a subsequent purchaser or encumbrancer of the land or any part of it, whether voluntary or involuntary, and is binding upon a subsequent purchaser or encumbrancer. 01774625-6\22647-013 D-8 Execution Version RESOLUTION 2021-15 A RESOLUTION AUTHORIZING $6,000 FOR BELMONT ROAD TOWNHOMES PLAN AND PLAT REVIEW WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, upon review and consideration of correspondence from City Engineer, MSA Professional Services, their Project Engineer, Christian R. Cooper, P.E., CPESC, concerning the general concept of the proposed development shown in Attachment B and; WHEREAS, the City intends to undertake this project as part of an Urban Redevelop Plan, and therefore, there will be associated Tax Incentive Financing (TIF). The TIF is intended to finance reconstruction of portions of Fenno Road, Fenno Drive, some abandoned homes, and to offer some financial reductions to the Developer and; WHEREAS, the amount of engineering review required for this type of project is almost entirely driven by the developer / design engineer. That is, their design and their ready adoption / acceptance to review comments is driving the review engineer's effort and; WHEREAS, the City may or may not require the Developer to reimburse them for MSA fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA. Section 1. Authorizes the Mayor to execute orders, contracts and other documents required by the City's Engineer and contractor on this project of Belmont Road Townhomes Plan and Plat Review at a price not to exceed the $6,000 authorized by this resolution without further advice and consent of the City Council. Section 2. The City Engineer is hereby ordered to update the City Council at future meetings regarding the status of the repair work done on Belmont Road Townhomes Plan and Plat Review. Passed and approved this 23rd day of March 2021. APPROVED ATTEST Michael Bowden, Mayor Katie Enloe, Deputy Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com uP� MSA Professional Services Agreement This AGREEMENT (Agreement) is made today March 23, 2021 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Riverdale Belmont Road Townhomes Plan and Plat Review The scope of the work authorized is: See Attachment A: The schedule to perform the work is: Approximate Start Date: March 27, 2021 Approximate Completion Date: June 15, 2021 The lump sum fee for the work is: $6,000.00 The retainer amount required is: 0.00 NOTE: The retainer will be applied toward the final invoice on this project. All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a lump sum basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC. Michael Bawden Kevin Bailey, P.E. Mayor Team Leader Date: Date: I.:: 'a/ l� Go Za Clerk Name (Signature): Clerk Name (Printed): Date: 110 Manor Drive Riverdale, Iowa 52722 Phone: (563) 355-2511 Christian R. Cooper, P..E., CPESC. Project Engineer Date: 1J0,p-J /g/ 2?"2/ 2117 State Street, Suite 200 Bettendorf, Iowa 52722 Phone: (563) 424-3696 Page 1 of 1 G:110\10876110876081 \Contract110876081 210315 PSA.docx Attachment A: Scope of Work UNDERSTANDING: The City is considering beginning the process of considering a new development along Belmont Road. Maintenance and responsibility of Belmont Road is shared with the City of Bettendorf. The general concept of the proposed development is shown in Attachment B. Currently, the intended Developer is Windmiller Design Build. The City intends to undertake this project as part of an Urban Redevelop Plan, and therefore, there will be associated Tax Incentive Financing (TIF). The TIF is intended to finance reconstruction of portions of Fenno Road, Fenno Drive, some abandoned homes, and to offer some financial reductions to the Developer. The amount of engineering review required for this type of project is almost entirely driven by the developer / design engineer. That is, their design and their ready adaptation / acceptance to review comments is driving the review engineer's effort. The City may or may not require the Developer to reimburse them for MSA fees. MSA proposes the following scope of work based on the phases the development will go through prior to being approved to break ground: Survey Plat Review Scope of Work: 1. MSA will attend one Rezoning hearing. 2. Upon acceptance by the City of a new City Zoning District, MSA will review the submitted plat. 3. MSA will send review comments to the City and copy the Developer. 4. Upon agreement between the Developer, MSA, and the City of Riverdale, MSA will prepare and submit a recommendation to approve the plat. Plan Review Scope of Work: 1. MSA will not begin to review construction plans until rezoning and a preliminary plat have been approved by the City of Riverdale. 2. MSA will review the first submission and begin review coordination with the City of Bettendorf. 3. MSA will provide review comments to the City. These comments will be copied to the Developer. 4. If required, MSA will participate in a design conference to discuss development concerns with the design engineer and the City 5. MSA will review two more submissions from the design engineer. If, upon the third submission, there are still issues that need to be addressed, MSA will notify the City. 6. Upon, agreement between the design engineer, MSA, and the City of Bettendorf, MSA will prepare and submit a letter of recommendation for approval of the plans. Design Engineers Opinion of Probable Construction Cost: 1. Upon acceptance of approved construction plans, the design engineer will submit a quantity takeoff of all public improvements and modifications. The design engineer will also submit associated unit costs associated with the proposed public improvements. 2. MSA will review the proposed list of public improvements and modifications. In addition, MSA will review the proposed unit costs. 3. Review comments will be sent to the City of Riverdale and the design engineer. 4. Upon resubmittal by the design engineer, if the design engineer has adequately addressed MSA' s comments to the City's satisfaction, MSA will prepare and submit a recommendation to accept letter to the City of Riverdale. 5. Upon submission of the recommendation to accept the probable construction cost as a basis for setting up a letter of credit for this project, MSA shall consider this portion of the project complete. Assumptions: 1. MSA will apportion their invoicing according to the phases described as follows: a. Invoice totals for assistance with Rezoning and plat review - $2,000.00. b. Invoice totals for Plan Review - $3,000.00. c. Invoice totals for review of financial review of letter of credit - $1,000.00. 2. If the project is abandoned by the developer at any point, MSA may invoice the City up to the total indicated fee for the phase the project is terminated in. 3. MSA assumes a reasonable complete set of plans, reasonable compliance to review comments, and conformance to SUDAS standards. If MSA is requested to participate in tasks beyond those indicated here, or if submissions do not conform to the process indicated within this professional services agreement, MSA will notify the City of the expected additional costs. Attachment B: Development Concept See attached Preliminary Plat dated March 15, 2021 —. POINT OF — BBZP.INBLING N Mar 04, MI - 5. 0Ru m S:LPHW]CTSu E I/LVO0 W1.' S, WN SUNT yWMFUV Dro53. TPA , —635 45. '' N pt 1,//// / pRELIMFfVARY PLAT 1 ,' \\ . r I �` BELMONTTOWNHOMES / I \ \ / / t \ RIVER6ALE<SCOTTC011NTY LOA + FT F • � G\,-- \Z\� ETnMn — \ — — gal` ._ / / \ `� \v ,E \ \ \ \-511_ v/ / \ \ J•-• SMITMT NNHOLE 5/ / ao .ss r '441 59 5 E R°PFe� e� xx / / J / —600-- \ ` 131 — j •r -- r // • •1 60 / _r :0 S / SMNA KI�Xm �IT' / Ft\Y B`-WY-6SB.� N '• i \ 1 , —\ ---0—r. " �� F5+ I5,( ) 1 / CURVE T ABLE A•NL6 IMMO DATA arT rr e sON TZTe 1 11511. LEGAL DESCRIPTION 9EINGA PLAIT OF THE EAST HALF N X)I N THE NORE NEAST OUARTER (NE 1G S OUTH OF BELMONT ROAD, AND ALL OF 11A15.3 FIRST ADDITI ON IN SECTI ON 13 . T OWNSHIP/31140R05 RANGE BEAST OF THE SM P. M., CITY OF RIVERDALE , SCOTT COU NTY , IOW A OESCRI5E0 AS: BEGINNI NG AT THE SOUTHWEST CORNER OF LOT 3 O HAWS FIRST ADDITION , AN OFFICML PLA T F ORMI NG A PANTO, THE Cm' OF RIVERDALE . THENCE ALONG THE WEST LINE OF SAID HAMS FIRST ADDITION NOSSA'05•E , 13740 FEET TO THE NORT HWEST COR NER OF LOT 1 OF SAID H A505 FIRST ADMIN.: T HENCE 212.55 ALONG THE NORM UNE OF SAID L OT I ON 651.60 FOOT RADIUS CURVE CONCAVE NORTH 00 (CORD BE ARING 561.33'15•E, 2I2 D5WFET) TO T HE NORTHEAST CORNER 05 1012 OF SCOTT 55 FIRST ADDITION, THENCE 22.1A FEET ALONG THE SOUTH MONT OF W AY LINE OF BEL MONT ROA D AS SHO WN ON FILE NUMBER 2009417605 OF T HE SCOTT C OUNTY REC ORDER'S OFFICE ON 63000 FOOT RADIUS CURVE C ONCAVE NORMERLY(CHORD BEARING 574 .5036 •. , 22.17 FEET): THENCE C ONTIN UING ON SAI D SOUTH RIGHT Of W AY LINE $7.3 .35-E .57 .114FEET TO THE SO UTH RIGHT OF WAY UNE OF BELMONT ROAD AS S HOW N ON FILE NUMBER 200a .7a626OF THE SCOTT COUNTY REC ORDER'S OFFICE; THE NCE AL ONG SAID SOUTH MGM OF WAY LINE 575.135 (. , 60 .49 FEET; T HENCE 506.26'5010 , 249.16 FEET, THENCE N76.5650 •W ,140.00 FEET THE NORTHE AST COINER OF LOT 3 OF SAID HAS55 FIRSTA00m ON: THENCE AL ONG ME E AST UM OF EN D L OT 3 5503 •50.41,10.M, 133.77 PEETTO THE SOUTH NE OF SAID LOT 3: T HENCE AL ONG SAID S OUTH UNE NBS•SROT 'W, 5.27 FEET; THE Na ALONG SAID SOUTH UNE N75.0216• W, 203.67 FEET TONE P OI NT OF BEGINNING. DESCRIBED PARCEL CONTAINS 2 .6e ACRES AND IS SU RER TO EASEME NTS AN0 OTHER RESTMCT10N5 OF RECORD. LEGEND: UTILITIES EXISTING 95OPO5fD COMMUNICATIO NS —tCOI — —CO OVERHE AD UNE —t I tN — ELECTRIC — t0 — — • FIBER OPITC —S 111 GAS — T SANITARY SEWER — I 5/ — —S5- 5T ORM — < n — sr SUBDRAIN WAWA: DO MESTIC — VI — — •.— CO MMUNICATIONSH ANUx OLE t03 m C OM MUNICATIONS PEDESTAL v C OMMUNIC ATI ONS MAN HOLE • GUY WIRE ARMOR F UTILITY POLE =WY POLE WITH UGHT fA3 J� USER POLE k 4 ELECTRICMANHOLE © • ELECTRIC TRA NSFOR MER ® 0 IBER OPTICNANDH OIE 114I AG FIBE R OPTIC 51.5141101.1 GAS M ANHOLE © O° GAS VALVE • SA NITARY SE WER MANHOLE ® . S ANIT ARY 51 053 MAH OUT •P STORM SEWERMANIOIE pi STORM SEWER INTAKE •• ®E4. x ORANT (4 • WATER VALVE • CURB STOP • • W ATER MANNOLE POST INDICATOR VALVE L SITE EXISTING PR OPOSED CONTOUR .15 0EX CONTOUR I NTE RMEDIATE — MCP BARB WIRE — FEN CE: 0000 SHRUBBERY e ME:DECI DUOUS TREE: CONIFEROUS M AILBOX POST 0 0 SIGN T —"— NOTES: LOTS1,ED ZO NING: LOTS 1, 263 TO BE REZONED TO 3 .2. R .1 MULTI. FAMILY RESIDEN1TAL • L OTS], 263 3.2 RESIDENTIAL RE0u,02OUIRFMEMS MINI MU M LOT AREA MINI MU M SETBACK FRO NT AGE MINIMUM LOT WIDEN 12 ,010E 25 FEET 75 FEET D el ed by Review Enginee r. March 15, 2021 KEY NOTES: © 25' FROM SETBACK p• 10 SIDE SETBACK © 30 RDA SETBACK 6 0 N Lee 2 PGN z Z z Q Ls = > 8'X1 6' LER DEVELOP MENT, 0. m OWNER/APPLICA NT: WIND MILLER DEVELOPMENT , LLC CIO REED WIN DMILLER P.O . 90X 805 BETTENODRF, IA52722 PREMEDS?: AXIOM CONSULT ANTS, LLC BRIAN BOELK, PE 60 E. COURT STREET , UNIT 3 IOWA CITY, IOWA 52740 Z i ECe a 1 OF 1 RESOLUTION 2021-16 A RESOLUTION APPROVING THE CERTIFICATION OF THE 2021-22 ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2022 FOR THE CITY OF RIVERDALE, IOWA WHEREAS, The City of Riverdale has conducted public intake sessions with residents to determine what amenities and services they would like to see in the coming year, and; WHEREAS, the City has held a public hearing on the maximum amount of general fund taxes that can be levied, and; WHEREAS, the City Council of Riverdale set the maximum general fund levy for FY 2022 at an amount not to exceed $686,408, and; WHEREAS, the City has also held a public hearing on the FY 22 budget on March 20, 2021, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA. The 2021-2022 City Budget is hereby authorized and approved by the City Council and the City Clerk is directed to file all pertinent forms and information to the County Auditor and the Department of Management in the State of Iowa. Passed and approved this 23rd day of March, 2021. APPROVED ATTEST Michael Bawden, Mayor Katie Enloe, Deputy Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com Floodplain Ordinance March 17, 2021 Memorandum Date: March 19, 2021 To: Mayor Mike Bawden Members of the City Council From: City Administrator Kent Royster Re: Ordinance 2021-01 Iowa Model Floodplain Ordinance Introduction I am asking you to pass and waive 2nd and 3rd readings for Iowa Model Floodplain Ordinance updates. This is a standard Ordinance that is passed every 14 years. The main issue is to adopt the new Map Updates or FIRMS. This Ordinance has been reviewed by the City's resident Floodplain advisor; Council Member Anthony Heddlesten. This Ordinance in addition to Anthony has been reviewed by our Floodplain Administrator the Scott County Amendment to Chapter 160 Ordinance 01-2021 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA: CHAPTER 160 FLOOD PLAIN MANAGEMENT 160.01 Definitions 160.06 Variance Procedures 160.02 Statutory Authority, Findings of Fact and 160.05 Floodplain Management Standards Purpose 160.07 Non -Conforming Uses 160.03 General Provisions 160.08 Penalties for Violations 160.04 Administration 160.09 Amendments 160.01 DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 1. "Appurtenant structure" means a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. 2. "Base flood" means the flood having one (1) percent chance of being equaled or exceeded in any given year (Also commonly referred to as the "loo -year flood"). 3. "Base flood elevation (BFE)" means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event. 4. "Basement" means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor." 5. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. "Development" does not include "minor projects" or "routine maintenance of existing buildings and facilities" as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading. 6. "Enclosed area below lowest floor" means the floor of the lowest enclosed area in a building when all the following criteria are met: A. The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of 160.05(1)(D)(1) of this Ordinance, and B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage, and ctyhr_d.doc - 1 - 03/11/2021 C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the base flood elevation, and D. The enclosed area is not a "basement" as defined in this section. 7. "Existing construction" means any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community. 8. "Existing factory -built home park or subdivision" means a factory -built home park or subdivision for which the construction of facilities for servicing the lots on which the factory - built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community. 9. "Expansion of existing factory -built home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 10. "Factory -built home" means any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this Ordinance factory -built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than 18o consecutive days and not fully licensed for and ready for highway use. 11. "Factory -built home park or subdivision" means a parcel or contiguous parcels of land divided into two or more factory -built home lots for sale or lease. 12. "Five hundred (500) year flood" means a flood, the magnitude of which has a two -tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every five hundred (500) years. 13. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. 14. "Flood Insurance Rate Map (FIRM)" means the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. 15. "Flood Insurance Study (FIS)" means a report published by FEMA for a community issued along with the community's Flood Insurance Rate Map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM. 16. "Flood plain" means any land area susceptible to being inundated by water as a result of a flood. cty_hr_d.doe 2 - 03/11/2021 17. "Flood plain management" means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including but not limited to emergency preparedness plans, flood control works, floodproofing and floodplain management regulations. i8. "Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. 19. "Floodway" means the channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one (r) foot. 2o. "Floodway fringe" means those portions of the Special Flood Hazard Area outside the floodway. 21. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 22. "Historic structure" means any structure that is: A. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of, historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either i) an approved state program as determined by the Secretary of the Interior or ii) directly by the Secretary of the Interior in states without approved programs. 23. "Lowest floor" means the floor of the lowest enclosed area in a building including a basement except when the criteria listed in the definition of Enclosed Area below Lowest Floor are met. 24. "Maximum damage potential development" means hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use. 25. "Minor projects" means small development activities (except for filling, grading and excavating) valued at less than $5oo. cty_hr ddoc -3- 03/11/2021 26. "New construction" (new buildings, factory -built home parks) means those structures or development for which the start of construction commenced on or after June 16, 1987. 27. "New factory -built home park or subdivision" means a factory -built home park or subdivision for which the construction of facilities for servicing the lots on which the factory -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the effective date of the first floodplain management regulations adopted by the community. 28. "Recreational vehicle" means a vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. 29. "Routine maintenance of existing buildings and facilities" means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include: A. Normal maintenance of structures such as re -roofing, replacing roofing tiles and replacing siding; B. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; C. Basement sealing; D. Repairing or replacing damaged or broken window panes; E. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems. 30. "Special flood hazard area" means the land within a community subject to the "base flood". This land is identified on the community's Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, and/or A99. 31. "Start of construction" includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 18o days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory -built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. ctyhrd. doc -4- 03/11/2021 32. "Structure" means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory -built homes, storage tanks, grain storage facilities and/or other similar uses. 33. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair. _Substantial damage" also means flood -related damages sustained by a structure on two separate occasions during a 10 - year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair. 34. "Substantial improvement" means any improvement to a structure which satisfies either of the following criteria: A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (i) before the "start of construction" of the improvement , or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. The term also does not include any alteration of an "historic structure", provided the alteration will not preclude the structure's designation as an "historic structure". B. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent. 35. "Variance" means a grant of relief by a community from the terms of the floodplain management regulations. 36. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. 160.02 STATUTORY AUTHORITY, FINDINGS OF FACT AND PURPOSE. 1. The Legislature of the State of Iowa has in Chapter 364, Code of Iowa, as amended, delegated the power to cities to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the City or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents. 2. Findings of Fact. ctyhr d.doc - 5 - 03/11/2021 A. The flood hazard areas of the City of Riverdale are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community. B. These flood losses, hazards, and related adverse effects are caused by: (i) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (ii) the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities. C. This ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources. 3. Statement of Purpose. It is the purpose of this Ordinance to protect and preserve the rights, privileges and property of the City of Riverdale and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in r6o.o2(2)(A) of this Ordinance with provisions designed to: A. Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially. B. Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. C. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. D. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard. E. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program. i6o.o3 GENERAL PROVISIONS. 1. Lands to Which Ordinance Apply. The provisions of this Ordinance shall apply to all lands and development which have significant flood hazards. The Flood Insurance Rate Map (FIRM) for Scott County and Incorporated Areas, City of Riverdale, Panels i9r63Co386G, o387G, o388G, and o389G, dated March 23, 2021, which were prepared as part of the Scott County Flood Insurance Study, shall be used to identify such flood hazard areas and all areas shown thereon to be within the boundaries of the base flood shall be considered as having significant flood hazards.. The Flood Insurance Study for the County of Scott County is hereby adopted by reference and is made a part of this ordinance for the purpose of administering floodplain management regulations. cty_hr_d.doc -6- 03/11/2021 2. Rules for Interpretation of Flood Hazard Boundaries. The boundaries of the Special Flood Hazard areas shall be determined by scaling distances on the official Flood Insurance Rate Map. Where uncertainty exists with respect to the precise location of the base flood boundary, the location shall be determined on the basis of the base flood elevation at the particular site in question. When an interpretation is needed as to the exact location of a boundary, the Scott County Director of Planning and Development shall make the necessary interpretation. The City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Scott County Director of Planning and Development in the enforcement or administration of this Ordinance. 3. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. 4. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provision of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 5. Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. 6. Warning and Disclaimer of Liability. The standards required by this Ordinance are considered reasonable for regulatory purposes. This Ordinance does not imply that areas outside the designated areas of significant flood hazard will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Riverdale or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made there under. 7. Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 160.04 ADMINISTRATION. 1. Appointment, Duties and Responsibilities of Local Official. A. The Scott County Director of Planning and Development is hereby appointed to implement and administer the provisions of this Ordinance and will herein be referred to as the Administrator. t 9 ctyhrd.doe -7- 03/11/2021 B. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to the following: 1) Review all floodplain development permit applications to assure that the provisions of this Ordinance will be satisfied. 2) Review floodplain development applications to assure that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction. 3) Record and maintain a record of (i) the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed. 4) Notify adjacent communities/counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency. 5) Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this Ordinance. 6) Submit to the Federal Insurance Administrator an annual report concerning the community's participation, utilizing the annual report form supplied by the Federal Insurance Administrator. 7) Notify the Federal Insurance Administration of any annexations or modifications to the community's boundaries. 8) Review subdivision proposals to insure such proposals are consistent with the purpose of this ordinance and advise the City Council of potential conflict. 9) Maintain the accuracy of the community's Flood Insurance Rate Maps when; a. Development placed within the floodway results in any of the following: (i) An increase in the Base Flood Elevations, or (ii) Alteration to the floodway boundary b. Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or c. Development relocates or alters the channel. Within 6 months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision. io) Perform site inspections to ensure compliance with the standards of this Ordinance. 11) Forward all requests for Variances to the City Council for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the City Council. ctyhrd.doc -8- 03/11/2021 2. Floodplain Development Permit. A. Permit Required - A Floodplain Development Permit issued by the Administrator shall be secured prior to any floodplain development (any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials and equipment, excavation or drilling operations), including the placement of factory -built homes. B. Application for Permit - Application shall be made on forms furnished by the Administrator and shall include the following: i) Description of the work to be covered by the permit for which application is to be made. 2) Description of the land on which the proposed work is to be done (i.e., lot, block, track, street address or similar description) that will readily identify and locate the work to be done. 3) Location and dimensions of all structures and additions 4) Indication of the use or occupancy for which the proposed work is intended. 5) Elevation of the base flood. 6) Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed. 7) For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. 8) Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this Ordinance. C. Action on Permit Application - The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this Ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for variances except as directed by the City Council. D. Construction and Use to be as Provided in Application and Plans - Floodplain Development Permits based on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this Ordinance, prior to the use or occupancy of any structure. cry_hrd.doc - 9 - 03/11/2021 Notes 9 tEDITOR'S NOTE: Pursuant to a 28E agreement by and between the City and the Scott County Board of Supervisors, the City delegates the duties and responsibilities of administering the flood plain regulations to the Scott County Planning and Development Department, except the legal enforcement of flood plain ordinance violations. 160.05 FLOODPLAIN MANAGEMENT STANDARDS. 1. General Floodplain Standards. All development must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where base flood elevations have not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the base flood elevation. Until a regulatory floodway is designated, no development may increase the Base Flood Elevation more than one (1) foot. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination. Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where (i) the bridge or culvert is located on a stream that drains less than two (2) square miles, and (ii) the bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567- 71.2(2), Iowa Administrative Code. A. All development within the special flood hazard areas shall: 1) Be designed and adequately anchored to prevent flotation, collapse or lateral movement. 2) Use construction methods and practices that will minimize flood damage. 3) Use construction materials and utility equipment that are resistant to flood damage. B. Residential structures - All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extended foundations) may be allowed subject to favorable consideration by the City Council, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures located in areas that would become isolated due to flooding of surrounding ground shall be provided with a means of access that will be passable by wheeled vehicles during the base flood. However, this criterion shall not apply where the Administrator determines there is sufficient flood warning time for the protection of life ctyhr d.doc - 10 - 03/11/2021 and property. When estimating flood warning time, consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code. C. Non-residential structures - All new or substantially improved non-residential structures shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the base flood elevation, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood; and that the structure, below the base flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator. D. All new and substantially improved structures: 1) Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria: a. A minimum of two (2) openings, with positioning on at least two (2) walls, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.) b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Where the distance between the floor and ceiling of the fully enclosed area below the "lowest floor" is five (5) feet or more, the applicant shall be required to sign and record with the Scott County Recorder a Non -Conversion Agreement that ensures the lower enclosed area remains compliant with the criteria outlined in 160.05(1)(D)(1). 2) New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 3) New and substantially improved structures shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities (including ductwork) elevated or floodproofed to a minimum of one (i) foot above the base flood elevation. E. Factory -built homes: 1) All new and substantially improved factory -built homes, including those placed in existing factory -built home parks or subdivisions, shall be elevated on a permanent ctyhr d.doc -11- 03/11/2021 foundation such that the lowest floor of the structure is a minimum of one (r) foot above the base flood elevation. 2) All new and substantially improved factory -built homes, including those placed in existing factory -built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. Anchorage systems may include, but are not limited to, use of over -the -top or frame ties to ground anchors as required by the State Building Code. F. Utility and Sanitary Systems: r) On -site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. 2) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on -site systems) shall be provided with a level of flood protection equal to or greater than one (r) foot above the base flood elevation. 3) New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on -site systems) shall be provided with a level of protection equal to or greater than one (i) foot above the base flood elevation. 4) Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. G. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (r) foot above the base flood elevation. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning. H. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from the base flood with a minimum of 3 ft. of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources. I. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. J. Subdivisions (including factory -built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this Ordinance. Subdivision proposals intended for residential use shall ctyhr d.doc -12- 03/11/2021 provide all lots with a means of access which will be passable by wheeled vehicles during the base flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include base flood elevation data for those areas located within the Special Flood Hazard Area. K. Accessory Structures to Residential Uses 1) Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied: a. The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the base flood elevation must be constructed of flood -resistant materials. b. The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation. c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. d. The structure shall be firmly anchored to resist flotation, collapse and lateral movement. e. The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation. f. The structure's walls shall include openings that satisfy the provisions of 16o.o5(1)(D)(r) of this Ordinance. 2) Exemption from the base flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. L. Recreational vehicles 1) Recreational vehicles are exempt from the requirements of 16o.05(1)(E) of this Ordinance regarding anchoring and elevation of factory -built homes when the following criteria are satisfied: a. The recreational vehicle shall be located on the site for less than 18o consecutive days, and, b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. 2) Recreational vehicles that are located on the site for more than 18o consecutive days or are not ready for highway use must satisfy requirements of 160.05(1)(E) of this Ordinance regarding anchoring and elevation of factory -built homes. cry_hrd.doc - 13 - 03/11/2021 M. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. N. Maximum Damage Potential Development — All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500 -year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the o.2% annual chance flood; and that the structure, below the o.2% annual chance flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator. Where o.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations. 2. Special Floodway Provisions. In addition to the General Floodplain Standards, development within the floodway must meet the following applicable standards. The floodway is that portion of the floodplain which must be protected from developmental encroachment to allow the free flow of flood waters. Where floodway data has been provided in the Flood Insurance Study, such data shall be used to define the floodway. Where no floodway data has been provided, the Department of Natural Resources shall be contacted to provide a floodway delineation. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination. A. No development shall be permitted in the floodway that would result in any increase in the base flood elevation. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. B. All development within the floodway shall: 1) Be consistent with the need to minimize flood damage. 2) Use construction methods and practices that will minimize flood damage. 3) Use construction materials and utility equipment that are resistant to flood damage. C. No development shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system. D. Structures, buildings, recreational vehicles, and sanitary and utility systems, if permitted, shall meet the applicable General Floodplain standards and shall be constructed or aligned to present the minimum possible resistance to flood flows. ctyhr d.doc -14- 03/11/2021 E. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. F. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the floodway within the time available after flood warning. G. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. H. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. I. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. i6o.o6 VARIANCE PROCEDURES. 1. The City Council may authorize upon request in specific cases such variances from the terms of this Ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards. A. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances. B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. C. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this Ordinance, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $loo of insurance coverage and (ii) such construction increases risks to life and property. E. All variances granted shall have the concurrence or approval of the Department of Natural Resources. etyhrd.doc -15- 03/11/2021 2. Factors Upon Which the Decision of the City Council Shall be Based. In passing upon applications for Variances, the Council shall consider all relevant factors specified in other sections of this Ordinance and: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. B. The danger that materials may be swept on to other land or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. E. The importance of the services provided by the proposed facility to the City. F. The requirements of the facility for a floodplain location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. I. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. J. The safety of access to the property in times of flood for ordinary and emergency vehicles. K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. L. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges. M. Such other factors which are relevant to the purpose of this Ordinance. 3. Conditions Attached to Variances. Upon consideration of the factors listed above, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Ordinance. Such conditions may include, but not necessarily be limited to: A. Modification of waste disposal and water supply facilities. B. Limitation of periods of use and operation. C. Imposition of operational controls, sureties, and deed restrictions. cry_hrd.doc - 16 - 03/11/2021 D. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this Ordinance. E. Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Council shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 160.07 NONCONFORMING USES 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance, but which is not in conformity with the provisions of this Ordinance, may be continued subject to the following conditions: A. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this Ordinance. B. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. C. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this Ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation. 2. Except as provided in 160.07(1)(B), any use which has been permitted as a Variance shall be considered a conforming use. 160.08 PENALTIES FOR VIOLATION. Violations of the provisions of this Ordinance or failure to comply with any of the requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $roo.00 (one hundred dollars) or imprisoned for not more than thirty (3o) days. Nothing herein contained prevent the City of Riverdale from taking such other lawful action as is necessary to prevent or remedy violation. 16o.oq AMENDMENTS. The regulations and standards set forth in this Ordinance may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources. cty_hr_d.doc -17- 03/11/2021 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, SCOTT COUNTY, STATE OF IOWA, this by the City Council of the City of Riverdale, Iowa, Scott County, State of Iowa this 23rd day of March, 2021. Mayor Michael Bawden Seal of City Attest: Deputy City Clerk Katie J. Enloe 1st Reading: 2nd Reading: 3rd Reading: Effective Date: Note: All Ordinances must be properly certified. cty_hrd.doc - 18 - 03/11/2021