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Council Packet - 8/28/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 28, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 176 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Agenda, as proposed or amended. Minutes of August 21, 2017, Regular Session, as proposed. Proclamation declaring September 2017 as Attendance Awareness Month ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Ronald Berry for a waiver for a concrete driveway located at 536 W. Donald Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer 3. Request of East High School to hold their annual Homecoming Parade on September 1, 2017 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on Walnut and 4th Streets. Submitted By: Joe Leibold, Captain of Police Services 4. Request of Joyce Oaks on behalf of Highland Neighborhood Association for variance to Noise Ordinance on Saturday, September 9, 2017 from 5:00 p.m. to 8:00 p.m., in conjunction with the Highland Neighborhood Reunion & Street Dance event, to be held at the Highland Square Park, including music and a PA system, together with recommendation of approval of Captain of Police Services. Submitted By: Joe Leibold, Captain of Police Services 5. Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 2 of 176 6. Resolution setting date of public hearing as September 11, 2017 to approve a Project Development Agreement and to approve the sale and conveyance of a portion of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of $1.00 to Sunnyside South Addition, LLC, and instruct City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Kelley Felchle, City Clerk Class/Meeting: 2017 Iowa League of Cities Annual Conference Destination: Davenport, IA Dates: 9/27-29/2017 Amount not to exceed: $695.48 b. Michelle Weidner, Chief Financial Officer Class/Meeting: League of Cities Annual Conference Destination: Davenport, IA Dates: 9/27-29/2017 Amount not to exceed: $405.00 c. Eric Thorson, City Engineer Class/Meeting: 2017 American Public Works Association Fall Conference Destination: Dubuque, IA Dates: 10/4-6/2017 Amount not to exceed: $450.00 d. Matt Chesmore, Jon Martin, Mark Boesen Class/Meeting: Iowa Association of Housing Officials Fall Conference Destination: Waterloo, IA Dates: 10/4-6/2017 Amount not to exceed: $1,050.00 e. Lance Dunn, Human Resource Director Class/Meeting: Iowa Public Employer Labor Relations Association Fall Conference Destination: Clive, IA Dates: 9/7-8/2017 Amount not to exceed: $235.00 f. Paul Huting, Leisure Services Director Class/Meeting: Iowa Park and Recreation Association Conference Destination: Carroll, IA Dates: 9/11-13/2017 Amount not to exceed: $382.00 2. LIQUOR LICENSES a. Kwik Star#732, 324 Fletcher Avenue Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2018 b. Tobacco Outlet Plus #500, 1803 La Porte Road Class: C Beer Page 3 of 176 Renewal Application Includes Sunday Expiration Date: 10/14/2018 3. Theatre License Permit Application • Crossroads 12 Theatre, 2450 Crossroads Boulevard • RomantixAdult Emporium, 1507 La Porte Road • Mini Cinema 16, 315 E. 4th Street • Fantasy Island Amusement, 1850 W. Airline Hwy. 4. Recommendation of Appointment of Angie Fordyce to the position of Community Development Coordinator, Community Development Department, effective September 11, 2017. Submitted By: Rudy D. Jones, Community Development Director 5. Recommendation of appointment of Kimberly Bahr to the position of Financial Analyst in the Finance Department, effective September 11, 2017. Submitted By: Michelle Weidner, Chief Financial Officer PUBLIC HEARINGS 2. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for hobby farms and farm animals, and other miscellaneous updates. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definitions, Section 10-6-1 "A-1 Agricultural District, Section 10-7-1 "R- R" Rural Residence District, Section 10-8-1 "R-1" One and Two Family Residence District, Section 10-27-1(H)(26) Hobby Farm Special Permit, and Section 10-27-1(U) creating a new section regulating Urban Animal Hobby Farms (UAHF). Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Aric Schroeder, City Planner 3. Lease Agreement with Crystal Distribution Services, Inc. for the property located at 70-90 Sycamore Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving a Lease Agreement with Crystal Distribution Services, Inc. for the property located at 70-90 Sycamore Street, for $1.00 annually, for a term ending December 31, 2022, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. Sale and Conveyance of City owned property located at 200 West 4th Street (Convention Center), to LK Holdings Waterloo, LLC with an amendment to the Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 4 of 176 Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of City owned property located at 200 West 4th Street (Convention Center), to LK Holdings Waterloo, LLC in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents. Resolution approving Amendment to Development Agreement with LK Holdings Waterloo, LLC, to correct the legal description, and authorize the Mayor and City Clerk to execute said Agreement. Submitted By: Noel Anderson, Community Planning & Development Director 5. FY 2018 Sidewalk Inspection and Repair Program — Zone 7. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of contract to B & B Builders & Supply of Waterloo, IA in the amount of $335,162.99, and approving the contract, bonds and certificate of insurance for the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS 7. Resolution rejecting the bid from Vieth Construction Corporation of Cedar Falls, Iowa, in the amount of $189,214.30, in conjunction with FY 2018 ADA Bus Stops - Phase I, Contract No. 937. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Motion approving final quantity adjustment for a net increase of $62,728.91 for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Jasper Construction Services, Inc. of Newton, IA, at a total cost of $286,638.91 for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and receive and file two (2) year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer Page 5 of 176 10. Resolution approving award of contract to Tschiggfrie Excavating, of Dubuque, Iowa in the amount of $108,507.60, and approving the contract, bonds, and certificate of insurance for the FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer 11. Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids, Iowa, in the maximum amount payable of $81,965 for services related to the FY 2018 Ansborough Avenue Improvements, Contract No. 942, and authorize Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 12. Resolution approving Construction Plans for Private Sanitary Sewer Extension serving Trent Lane Condominiums Expansion 2017, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement Department of Natural Resources Form 29 (Nov 00), with the Department of Natural Resources, and the final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorize Mayor to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 13. Resolution approving a Development Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the development of property located west of 2010 West Ridgeway Avenue, and authorize Mayor to execute said agreement and rescinding Resolution No. 2017-302. Submitted By: Noel Anderson, Community Planing & Development Director 14. Resolution approving submission of a grant application to the Northeast Iowa Community Foundation, in an amount up to $15,482, to replace ash trees in Miller Park and Leavitt Park. Submitted By: Todd Derifield, City Forester OTHER COUNCIL BUSINESS 15. Motion approving Change Order No. 1 for a net decrease of ($13,938.50) for the FY 2017 CIP Pipelining Phase III, Contract No. 919. Submitted By: Steven Hoambrecker, Director, Waste Management Services 16. Motion approving Change Order No. 2 for a total increase of $6,000, in conjunction with the Hangar 5 Rehabilitation Project at the Waterloo Regional Airport and authorize the Mayor to execute said document. Motion approving Change Order No. 2 for a total increase of $6,000, in conjunction with the Hangar 5 Rehabilitation Project at the Waterloo Regional Airport and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director ADJOURNMENT Motion to adjourn. Page 6 of 176 Kelley Felchle City Clerk MEETINGS 5:05 p.m. Human Resouces Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting Minutes of July 2017. 2. Airport Board Meeting Minutes, July 25, 2017. 3. Communication from the Waterloo Waste Management Services Department on the notice of the conclusion of employment for Michael R. Broadhead, Assistant Director Collection Systems / Maintenance, effective August 25, 2017 with recommendation of approval of payout of $2,842.70 for unused benefits. Page 7 of 176 CITY OF WATERLOO Council Communication Minutes ofAugust 21, 2017, Regular Session, as proposed. City Council Meeting: 8/28/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/22/2017 - 11:26 AM ATTACHMENTS: Description Type D Minutes ofAugust 21, 2017, Regular Session Backup Material Submitted by: Submitted By: Page 8 of 176 111, V JL411V11 Vl L11, V1 LJ Vl VV LLL,11VV, Alf VV LL, 111,L 111 1\, ,L41LL1 41,UU1V11 LLL 11W1 VILA L. VVLL,' VVLL11 V11 ._11LL111V,1 U, Waterloo, Iowa, at 5:30 p.m., on Monday, August 21, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Matt Mahler, General Manager Waterloo Water Works. 145846 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 21, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145847 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 14, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145848 - Schmitt/Jacobs To reconsider a resolution approving authorization to apply for a traffic safety grant to Iowa DOT, in the amount of $484,200, for the Ridgeway Avenue 4 -Lane to 3 -Lane conversion from Bellaire Road (west of Kimball Avenue) to US 63, approved on August 14, 2017 and placed as item 16 on the agenda. Sandie Greco, Interim Public Works Director, explained that the grant has already been submitted to the Iowa Department of Transportation. Mr. Schmitt questioned how the public would be able to have input on the grant. Mayor Hart commented that the city could still choose to not accept the grant if it is awarded. Sandie Greco explained that a work session can be held to discuss whether to accept the grant. 145849 - Schmitt/Jacobs To withdraw the motion. Mayor Hart read a Proclamation declaring commemoration of the 19th Amendment. ORAL PRESENTATIONS Marcella Gruver, 203 Miriam Drive, urged city council to not allow Pridefest to occur in Waterloo and that by allowing Pridefest could be a violation of the Equality Act HR2282. She shared sections of the bill with council. Lawrence Wheeler, 433 Bratnober, explained that he is against Pridefest. He also commented that he has been complaining to city departments about lighting that is out on city trails and that littering is a problem in the community. Todd Obadal, 124 Amity Drive, questioned where to find the minutes or audio file for the Executive Session held on July 24, 2017, and also questioned the specific purpose of tonight's Executive Session. Bob Manning, 2908 W. 3rd Street, Cedar Falls, commented that he is disappointed that some members of Council have been disrupting the sale of the convention center to Leslie Hospitality. He further explained that if council members lack confidence in certain city employees then they should be removed but he personally thinks that they do an excellent job. center and requested that the Mayor consider team building exercises for the council in the future. Mayor Hart commented that some of the statements read were not accurate, and for the greater good of this project and the City of Waterloo, he will leave his comments at that. 145850 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145851 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated August 21, 2017, in the amount of $2,358,626.28 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017- 669. 2. Resolution approving request of Iowa Department of Transportation for a variance to the Noise Ordinance from September 1, 2017 to July 1, 2018 for night time construction work along northbound U.S. 218 from the U.S. 63 interchange to the Greenhill Road interchange, in conjunction with the construction of DOT project NHSN-218-7(236)--2R-07. Resolution adopted and upon approval by Mayor assigned No. 2017-670. 3. Resolution approving request of Main Street Waterloo and the Waterloo Community School District to hold the 19th Annual Mayor's Fun Run event on September 19, 2017 from 9:30 a.m. to 12:00 noon to be held at the Expo Grounds and Downtown Streets. Resolution adopted and upon approval by Mayor assigned No. 2017-671. 4. Resolution approving request of Koinonia Ministries Full Gospel Baptist Church for variance to Noise Ordinance, on August 27, 2017 from 10:00 a.m. to 5:00 p.m. in conjunction with a church picnic, to be held in the 200 block of Falls Avenue. Resolution adopted and upon approval by Mayor assigned No. 2017-672. 5. Resolution approving request from Robert Jensen for a waiver for an asphalt driveway located at 1344 Huntington Road with the elimination of the sidewalk section. Resolution adopted and upon approval by Mayor assigned No. 2017-673. 6. Resolution setting date of public hearing as September 5, 2017, to approve an amendment to Ordinance No. 5089, by extending the established City Limits Urban Revitalization Area (CLURA) through December 31, 2022, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-674. 7. Resolution setting a date of public hearing on September 5, 2017 to approve the request by Dwayne Eilers to vacate, sell and convey a 33' x 106' portion of a public alley right-of-way, in the amount of $800.00, located adjacent to 2014 Black Hawk Street, and instruct City 1. 2. opening as of September 7, 2017, and date of public hearing as of September 11, 2017 for Wireless Mobile Column Equipment Lifts, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-676. b. Motion to approve the following: a. b. c. a. b. c. d. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lt. Fangman Background Investigation Training Palo Heights, IL Oct. 2-3, 2017 $980 Sgt. Richter, P.O. J. Sullivan, PO. Wilson, P.O. Woodward Armed Suspect Recognition and Firearm Seizure Class Woodbury, MN Sept. 7-8, 2017 $2,132 Cheryl Huddleston, Human Resources Manager Iowa Public Employer Labor Relations Association (IAPELRA) Fall Conference Clive, IA Sept. 7-8, 2017 $233.56 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Cedar Valley Pridefest, 300- 400 Block W. 4th / 500-600 Block Washington Special C Liquor w/Outdoor Service (5 -Day) New 8/29/2017 X Fairfield Inn & Suites, 2134 LaPorte Road B Native Wine / C Renewal 9/30/2018 X Jim's Food, 437 Sullivan Avenue B Wine / C Beer / E Liquor Renewal 8/10/2018 X Kwik Star #229, 1717 E. San Marnan Drive B Wine / C Beer Renewal 9/24/2018 X 3. Appointment of Leann Nefzger to the position of Customer Service Specialist in the Leisure Services Department, effective August 22, 2017. 4. Appointment of Collin Widdel to the position of Downtown Area Maintenance II in the Leisure Services Department, effective August 28, 2017, subject to physical examination and drug screen. 5. Appointment of Eric Pecenka to the position of Park Maintenance II - Crew Leader in the Leisure Services Department, effective August 22, 2017. 6. Application for Outdoor Cafe'/Beer Garden at The Saloon (Desert Sands DBA: The Saloon), located at 303 W. 4th Street. 7. Fireworks Display at Friendship Village Field, 1400 Maxhelen Blvd., on August 25, 2017 beginning at 9:45 p.m. to celebrate their 10th Year Anniversary. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145852 - Schmitt/Amos This being the time and place of public hearing, the Mayor called for written and oral comments. Lawrence Wheeler, 433 Bratnober, commented that he is against the grocery store as he does not want to have another location in town to sell liquor and tobacco. Rodney Anderson, Central Holdings, LLC, confirmed [they] will be responsible for snow removal and handicap accessibility. 145853 - Schmitt/Amos that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145854 - Schmitt/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located near the intersection of Franklin Street and East 2nd Street", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. 145855 - Schmitt/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Seven. Motion carried. Mayor Hart questioned the timeliness of the project. Rodney Anderson commented that he would like to break ground in October. Eric Johnson, Attorney for Central Property Holdings, LLC, 620 Lafayette Street, explained that Central Property Holdings, LLC is set to close on the project shortly and would like to break ground. 145856 - Schmitt/Morrissey that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located near the intersection of Franklin Street and East 2nd Street", be considered and passed for the second and third times and adopted. Roll -call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5414. 145857 - Lind/Amos that proof of publication of notice of public hearing on request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin Street and East 2nd Street, as published in the Waterloo Courier on August 11, 2017, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Lawrence Wheeler, 433 Bratnober, commented that he is concerned the developer will not maintain his property. 145858 - Lind/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin Street and East 2nd Street", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. 145860 - Lind/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Seven. Motion carried. 145861 - Lind/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin Street and East 2nd Street", be considered and passed for the second and third times and adopted. Roll -call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5415. 145862 - Amos/Morrissey that proof of publication of notice of public hearing on Request Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street, as published in the Waterloo Courier on August 11, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145863 - Amos/Powers that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145864 - Amos/Morrissey that "an Ordinance approving a request by Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. 145865 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Seven. Motion carried. 145866 - Amos/Morrissey that "an Ordinance approving a request by Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street", be considered and passed for the second and third times and adopted. Roll -call vote -Ayes: Seven. Motion carried. LLC in the amount of $1.00, per the Development Agreement, and authorize the Mayor and City Clerk to execute necessary documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the Development Agreement provides for the project to be equal to, or better than, the fair market value. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2017- 677. 145868 - Welper/Morissey that proof of publication of notice of public hearing on Solid Waste and Recycling Containers to Support the City of Waterloo's Recycling and Various Clean -Up Programs, as published in the Waterloo Courier on August 11, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Lawrence Wheeler, 433 Bratnober, explained his support of the recycling bins. Blane Benham, Black Hawk Waste Disposal, commented on his frustration with the proposal process. Forest Dillavou, 1725 Huntington Road, expressed his disappointment with the loss of the recycle bin at Ansborough and he agrees that the bins do take constant monitoring and cleaning. 145869 - Welper/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145870 - Welper/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 678. 145871 - Welper/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 679. 145872 - Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Estimate: $90,000 Bidder Description Total Rite Environmental, Inc. 12 yd. roll -off container to collect all bulk refuse illegally dumped and then collected by Rite Environmental at drop - sites. $68.00/ton for recycled material hauled from drop -sites. Revenue generated from sale of recyclables paid to Rite Environmental. $155.00 per haul to BHC Landfill for 12 yd. Wide Clean-up, disasters, code -enforcement ... Scrap metal revenues returned to City of Waterloo. Black Hawk Waste Disposal Company, Inc. Waterloo, IA 38 yd. Single Stream Enclosed Containers for Tin, Newspaper, Magazines, Plastics, Paper, and Glass (no sorting required for residents) Hauling: $50.00 per container Sorting/Disposal Fee: 55.00/ton Rebate: $15.00/ton (minus contamination percentage) Monthly Fee: FREE Payback: Chicago High Side Yellow Market Value minus $70/ton for processing/pickup Mr. Lind requested an explanation of the bids and questioned if a low bidder has been identified. Sandie Greco, Interim Public Works Director, explained that the bidders bid the item differently so they do need to be reviewed and compared before a decision is made, and that she may consider rejecting both bids. Voice vote -Ayes: Seven. Motion carried. 145873- Morrissey/Welper that proof of publication of notice of public hearing on Recycling Processing Facility to Support the City of Waterloo's Curbside Recycling Program, as published in the Waterloo Courier on August 11, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Blane Benham, Black Hawk Waste Disposal, explained how his business is currently managing curbside recycling for the City of Waterloo. Mr. Schmitt questioned if, from his perspective, more education is needed. Blane Benham commented that education is needed to help residents understand the program. Mr. Schmitt questioned the amount the city pays per year in contaminates. Blane Benham explained the penalties for yard waste per year. Mr. Morrissey questioned the incident that happened in December and January with the recyclables. Blane Benham explained that they had a fire inspection that revealed a problem with their sprinkler system, which ultimately resulted in their inability to collect recycling for a month. Mr. Morrissey questioned how they could ensure that will not happen in the future. Blane Benham explained future preventative measures for unexpected interruptions in service. Lawrence Wheeler, 433 Bratnober, commented on Mr. Benham's explanation of contaminated recyclables. 145874 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145875 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 681. 145877 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Estimate: $32,000 Bidder Description Total Black Hawk Waste Disposal Company, Inc. Waterloo, IA Single Stream Recycling (Tin, Newspaper, Magazines, Plastics, Paper, and Glass) Sorting/Disposal Fee: $55.00/ton Rebate: $15.00/ton(minus contamination percentage) Payback: Chicago High Side Yellow Market Value minus $70/ton for processing/pickup Voice vote -Ayes: Seven. Motion carried. Mayor Hart stepped out and returned at 6:39 p.m. RESOLUTIONS 145878 - Schmitt/Welper that "Resolution approving installation of a 25 miles per hour speed hump in the 600 block of Reber Avenue", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 682. 145879 - Schmitt/Welper that "Resolution approving Methamphetamine Drug Hot Spots grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $21,833 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize Program Director to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey thanked Chief Trelka and Captain Krough for their work on the grant and commented that he wishes the amount would be higher. Lawrence Wheeler, 433 Bratnober, commented that check lanes should be established in the community to help detect drugs being used in vehicles. Resolution adopted and upon approval by Mayor assigned No. 2017- 683. 145880 - Schmitt/Welper that "Resolution approving designation of revenue earned from automated traffic enforcement cameras by holding revenue in an account used as police revenue in the budget year two years following receipt of said funds, assigning use of said revenue for property tax reduction, and are received, as the funds may be subject to volatility. Mr. Schmitt clarified that the monies will be held for two years and that it would be designated for police department uses. Michelle Weidner explained that it seems reasonable to deposit in the Police Department as that is where the project originated. She further commented that it will become part of their uses for the department, as every budgeted revenue would be utilized to offset costs. Doug Smith, 721 Wildwood, commented that he is not in favor of using the cameras as revenue tools and that the city and Police Department will become dependent on the cameras. He further commented that the funds should be donated to charity. Resolution adopted and upon approval by Mayor assigned No. 2017- 684. 145881 - Lind/Morrissey that "Resolution approving award of Hotel/Motel Mini Tax grant, in the amount of $2,437 to Full Count Sports Academy", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 685. 145882 - Lind/Morrissey that "Resolution approving submission of grant application for a FY 2017- Certified Local Government Grant from the National Park Service, in the amount of $10,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 686. 145883 - Lind/Morrissey that "Resolution concurring with the determination of Community Planning and Development Director that the proposed change to the approved site plan within a "B -P" Business Park District and "R -4,R -P" Planned Residence District for Lot three of the County Club Business Center Addition to allow for the construction of a 5,320 square foot oral dental office with a 28 stall parking, and a future 5,000 square foot office building and a 20 stall parking lot, is minor and shall be approved as a Minor Site Plan Amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 687. 145884 - Morrissey/Powers that "Resolution approving a Chapter 28E Agreement with Hawkeye Community College to allow for residential housing construction on city owned lots, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Welper commented that he believes this is a win-win situation for our community and Hawkeye Community College, and a great opportunity for the students to hone their building skills. He expressed his pleasure in working with Dr. Jane Bradley and the staff at Hawkeye Community College, and thanked them for their commitment to this project. Mr. Morrissey thanked Mr. Welper for his work on the project. Mr. Powers thanked Mr. Welper and Hawkeye Community College for their partnership. Riverside Drive, Waterloo, Iowa, and authorize Noel Anderson, Community Planning and Development Director, to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 689. 145886 - Morrissey/Powers that "Resolution approving an Early Access Agreement with Kwik Trip, Inc. to allow earth -moving activities in preparation of development of the site west of 2010 Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said document.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 690. 145887 - Morrissey/Lind that the council adjourn to Executive Session at 6:57 p.m. Roll -call vote -Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of strategy with counsel in matters where litigation is imminent is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c). EXECUTIVE SESSION 145888 - Welper/Morrissey that the council adjourn Executive Session at 7:12 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 145889 - Welper/Morrissey that the Council adjourn at 7:12 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring September 2017 as Attendance Awareness Month City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 8/22/2017 - 4:01 PM Clerk Office Higby, Nancy Approved 8/23/2017 - 9:21 AM ATTACHMENTS: Description Type D Attendance Awareness Month Proclamation Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 19 of 176 PROCLAMAI1ON II • .good attendance .is essential to student achievement and graduation, and we are committed to dedicating our resources and attention to reducing chronic absenteeism rates, with a focus starting as early as kindergarten; and WHEREAS, chronic absence -missing 10 percent or more of school for any reason including excused and unexcused absences, or just two or three days a month— is a proven predictor of academic trouble and dropout rates; and HEKEAS, improving attendance and reducing chronic absence takes commitment, collaboration and tailored approaches to particular challenges and strengths in each community; and WHEREAS, chronic absence predicts lower third grade reading proficiency, course failure and eventual dropout, it weakens our communities and our local economy; and WHEREAS, the impact of chronic absence hits low-income students and children of color particularly hard if they don't have the resources to make up for lost time in the classroom and are more likely to face systemic barriers to getting to school—such as unreliable transportation, lack . of access to healthcare, unstable or unaffordable housing; and WHEREAS, chronic absence exacerbates the achievement gap that separates low-income students from their peers, since students from low- income families are both more likely to be chronically absent and more likely to be affected academically by missing school. Absenteeism also undermines efforts to improve struggling schools, since it is hard to measure improvement inclassroom instruction if students are not in school to benefit from class; and WHEREAS, schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly; and WilERE S, schools and districts must do more to track, calculate and share the data on how many students are chronically absent so that we can deliver the right interventions to the right students; and x HEREA5, chronic absence can be significantly reduced when schools, parents and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, 'THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim that our City will stand with the nation in recognizing September as ATTENDANCE AWARENESS MONTH We hereby commit to focusing on reducing chronic absenteeism to give all children and equitable opportunity to learn, grow and thrive academically, emotionally and socially. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 28th day of August 2017. Quentin Hart Mayor ATTEST: I(elley Fel le City Clerk CITY OF WATERLOO Council Communication Request from Ronald Berry for a waiver for a concrete driveway located at 536 W. Donald Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/28/2017 Prepared: 8/17/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 8/23/2017 - 10:01 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 10:19 AM ATTACHMENTS: Description Type D DW Waiver 536 W Donald St Cover Memo SUBJECT: Request from Ronald Berry for a waiver for a concrete driveway located at 536 W. Donald Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. 1. Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: WALNER HEIGHTS LOT 64 Page 22 of 176 WAIVER Date: g.~ l - Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a r G t C driveway or sidewalk located at (concrete or#t) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section clue to the inability to meet the grade requirements, elimination of the sidewalk section for asphalt driveways. X placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according, to the specifications and policies of the City Engineer and under his supervision. 6, This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 23 of 176 CITY OF WATERLOO Council Communication Request of East High School to hold their annual Homecoming Parade on September 1, 2017 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on Walnut and 4th Streets. City Council Meeting: 8/28/2017 Prepared: 8/21/2017 REVIEWERS: Department Police Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Leibold, Joe Higby, Nancy Action Approved Approved D ate 8/21/2017 - 8:50 AM 8/22/2017 - 11:31 AM Request of East High School to hold their annual Homecoming Parade on September 1, 2017 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on Walnut and 4th Streets. Submitted By: Joe Leibold, Captain of Police Services Approve Request East High holds their homecoming parade every year and the route has been shortened and reduces the impact on traffic.. The School Resource Officers provide support for this parade, including traffic control. General None Page 24 of 176 CITY OF WATERLOO Council Communication Request of Joyce Oaks on behalf of Highland Neighborhood Association for variance to Noise Ordinance on Saturday, September 9, 2017 from 5:00 p.m. to 8:00 p.m., in conjunction with the Highland Neighborhood Reunion & Street Dance event, to be held at the Highland Square Park, including music and a PA system, together with recommendation of approval of Captain of Police Services. City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date P olice Department Higby, Nancy Approved 8/22/2017 - 11:36 AM SUBJECT: Request of Joyce Oaks on behalf of Highland Neighborhood Association for variance to Noise Ordinance on Saturday, September 9, 2017 from 5:00 p.m. to 8:00 p.m., in conjunction with the Highland Neighborhood Reunion & Street Dance event, to be held at the Highland Square Park, including music and a PA system, together with recommendation of approval of Captain of Police Services. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 25 of 176 CITY OF WATERLOO Council Communication Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/22/2017 - 3:14 PM ATTACHMENTS: Description Type ❑ Exhibit A - Assessment Cancellations for 08.28.17 Backup Material SUBJECT: Submitted by: Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 26 of 176 1 8912-19-351-017 914 Linden Avenue $67.97 $10.68 $37.03 2 8913-26-476-012 801 W. 8t'' Street $45.89 $19.19 3 8913-26-160-001 1113 W. Mullan $22.69 $18.06 $24.88 4 8913-36-453-006 1820 Locke Avenue $36.34 $13.38 $19.08 5 8913-26-185-014 833 W. 2nd Street $50.00 6 8913-28-205-026 1105 Eleanor Drive $109.10 $17.32 $113.40 7 8913-23-202-021 440 Conger Street $191.22 $18.56 $131.63 8 8913-14-459-004 541 Dawson Street $262.43 $25.98 $105.41 9 8912-30-130-006 230 Monroe Street $91.92 $26.39 $81.33 10 8913-10-408-014 716 Hall Avenue $29.93 $5.78 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 11, 2017 to approve a Project Development Agreement and to approve the sale and conveyance of a portion of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of $1.00 to Sunnyside South Addition, LLC, and instruct City Clerk to publish notice. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Planning & Zoning Felchle, Kelley SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved D ate 8/24/2017 - 11:19 AM Resolution setting date of public hearing as September 11, 2017 to approve a Project Development Agreement and to approve the sale and conveyance of a portion of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of $1.00 to Sunnyside South Addition, LLC, and instruct City Clerk to publish notice. Submitted By:NoelAnderson, Community Planning & Development Director Set date of hearing The City had previously taken action to vacate and convey portions of right- of-way of West San Marnan Drive, and the Iowa Supreme Court declared that the City did not use the proper procedure in conveying said property, and enjoined the City from selling or transferring the land without following the procedures prescribed in Iowa Code Section 306.23. The City of Waterloo has now completed the procedures prescribed in Iowa Code Section 306.23, including obtaining an independent appraisal for the property, offering an opportunity for previous owners and current adjacent owners to bid on the property by mailing certified notice, and providing public hearing regarding an opportunity to be heard regarding the taking of bids and proposed conveyance of the property. The City of Waterloo completed all steps and received no bids on the property. In accordance with the Iowa Supreme Court ruling filed March 10, 2017, "If no such offers are received, the City may then proceed to confirm its prior sale to Sunnyside". None n/a Land Disposal/Economic Development, strategic plan policies 1, 3 and 4. Lots 1 through 24, Sunnyside South Addition, City of Waterloo, Iowa. Page 28 of 176 Page 29 of 176 CITY OF WATERLOO Council Communication Recommendation of appointment of Kimberly Bahr to the position of Financial Analyst in the Finance Department, effective September 11, 2017. City Council Meeting: 8/28/2017 Prepared: 8/25/2017 REVIEWERS: Department Finance Clerk Office ATTACHMENTS: Description ❑ Bahr Appointment SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Weidner, Michelle Felchle, Kelley Action Approved Approved Type Cover Memo D ate 8/25/2017 - 11:09 AM 8/25/2017 - 12:58 PM Recommendation of appointment of Kimberly Bahr to the position of F inanc ial Analyst in the Finance Department, effective September 11, 2017. Submitted By: Michelle Weidner, Chief Financial Officer Recommend approval of appointment. The Human Resources Committee approved filling this position November 21, 2016. The Civil Service List was certified June 30, 2017. Salary - $56,500 Benefits - $24,829 General Fund Staffing the Finance department directly supports the Strategic Plan under Goal # 3, including Strategy 3.1: Continue to implement and explore new options for revenue generation for the City; Strategy 3.2: Continue to hold interdepartmental update meetings to encourage collaborative project management and avoid conflicting activities; Strategy 3.4: Identify and implement proven cost and resource saving measures; Strategy 3.5: Continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. The Finance Department fills supporting roles in many other strategies as well. Finance Department responsibilities have continued to increase over the past 20 years. A few examples - the City's financial statements are converted to the modified accrual basis for the fund financial statements and to the full accrual basis for the governmentwide statements. The City's records were previously maintained on a cash basis. The regulations surrounding grant Page 30 of 176 Alternative: monitoring and accounting, in addition to items such as TIF and the use of bond proceeds, continue to be expanded, requiring more resources. The City could choose to outsource some finance functions to an accounting firm at a much higher cost, stop providing financial statements in accordance with laws and best practices, provide less grant administration oversight or less budget coordination. Page 31 of 176 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: August 28, 2017 Prepared: August 23, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: None SUBJECT: Recommendation of appointment of Kimberly Bahr to the position of Financial Analyst in the Finance Department, effective September 11, 2017. Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Summary Statement: The Human Resources Committee approved filling this position November 21, 2016. The Civil Service List was certified June 30, 2017. Expenditure Required: Salary - $56,500 Benefits - $24,829 Source of Funds: General Fund Policy Issue: Staffing the Finance department directly supports the Strategic Plan under Goal # 3, including Strategy 3.1: Continue to implement and explore new options for revenue generation for the City; Strategy 3.2: Continue to hold interdepartmental update meetings to encourage collaborative project management and avoid conflicting activities; Strategy 3.4: Identify and implement proven cost and resource saving measures; Strategy 3.5: Continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. The Finance Department fills supporting roles in many other strategies as well. Finance Department responsibilities have continued to increase over the past 20 years. A few examples - the City's financial statements are converted to the modified accrual basis for the fund financial statements and to the full accrual basis for the governmentwide statements. The City's records were previously maintained on a cash basis. The regulations surrounding grant monitoring and accounting, in addition to items such as TIF and the use of bond proceeds, continue to be expanded, requiring more resources. Alternative: The City could outsource to an accounting firm at a much higher cost, stop providing financial statements in accordance with laws and best practices, provide less grant administration oversight or less budget coordination. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 32 of 176 CITY OF WATERLOO Council Communication Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for hobby farms and farm animals, and other miscellaneous updates. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/23/2017 - 10:31 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 11:19 AM ATTACHMENTS: Description Type D Ordinance Amendment - Hobby Farms - P&Z Backup Material recommended ❑ Summary of changes between versions Backup Material D Councilperson Morrissey recommended changes to Backup Material Hobby Farm SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definitions, Section 10-6-1 "A-1 Agricultural District, Section 10-7-1 "R -R" Rural Residence District, Section 10-8-1 "R-1" One and Two Family Residence District, Section 10- 27-1(H)(26) Hobby Farm Special Permit, and Section 10-27-1(U) creating a new section regulating Urban Animal Hobby Farms (UAHF). Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval of the amendment. Staff is proposing multiple changes to the City of Waterloo Zoning Ordinance No. 5079 regarding hobby farms and farm animals. The amendment would change multiple definitions that relate to farm animals, and make changes to how farm animals are regulated, including changes in the "A-1" Agricultural District, "R -R" Rural Residence District, and "R-1" One and Two Family Residence District (which said "R-1" regulations apply in all other zoning districts as well). It also updates the wording and Page 33 of 176 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: requirements in the Special Permit section, requiring a Special Permit for most, but not all hobby farms, and creates a new section specifically regulating hobby farms, which are called an Urban Animal Hobby Farm (UAHF). This is a summary of the major changes but does not cover all changes. A complete copy of the proposed changes, showing strike through of wording proposed to be removed and underlined for wording proposed to be added is also attached. The Planning, Programming and Zoning Commission held a hearing on June 6, 2017 and unanimously recommended approval of the proposed amendment, but at the July 10, 2017 Council meeting the item was remanded back to the Commission for additional review and recommendation. The Commission held a hearing on August 1, 2017 and recommended approval of the amendment on a 6-1 vote with the following changes to the previously recommended version: - Peacocks would not be prohibited, and would instead be moved from the "small" sized animals to the "large/intermediate" sized animals. - Minimum fenced (confined) area and density for "small" sized animals changed to two animals for the first 5,000 SF and one additional for every 2,500 SF thereafter with a maximum of eight small animals. - Wording added to indicate no butchering of animals outside of an enclosed building. The changes for peacocks and butchering are consistent with the changes as recommended by Councilperson Morrissey. The changes for fenced (confined) area and density are similar to as recommended by Councilperson Morrissey, reducing the minimum fenced (confined) area to 5,000 SF, but differ in only recommending allowing 2 small animals for that initial 5,000 SF instead of 4 as Councilperson Morrissey recommended, and recommending allowing one additional for each 2,500 SF thereafter instead of one additional for each 1,250 SF thereafter as Councilperson Morrissey recommended. The Commission recommended leaving the consent petition requirement to avoid needing Special Permit approval with 100% of abutting property owners and 60% of the owners within 250 radial feet, instead of the change recommended by Councilperson Morrissey of requiring 100% of abutting property owners and owners "across the street" and eliminating the 60% within 250 radial feet requirement. The Commission discussed that defining "across the street" could be tricky, and discussed that because the minimum fenced (confined) area is being reduced significantly from 20,000 SF to 5,000 SF that the requirement to have 60% of the owners within 250' should remain if an applicant is to avoid the Special Permit requirement. none n/a Zoning Ordinance Prior to 2011 most farm animals were not permitted within the City of Waterloo with limited exceptions. In 2011, as part of the major overhaul to the entire Zoning Ordinance, hobby farms were added to the Zoning Ordinance, but were required to obtain Special Permit approval (requires recommendation of the Planning Commission and final approval by the Board of Adjustment). But the ordinance did not provide any standards for Page 34 of 176 Background Information: issuance of a Special Permit. After several requests for Special Permit for a hobby farm were tabled indefinitely, the Commission and Board asked Planning staff to re-evaluate hobby farms and propose an amendment that would provide more standards for where and how they would be permitted. The Planning Commission is a recommending body only, and the final decision on wording of the Ordinance is up to the City Council, however the Zoning Ordinance provides that if an amendment to the Zoning Ordinance is disapproved by the Commission, then it can only be effective by favorable vote of at least 3/4 of all members of the Council (so 6 of 7 votes). The Planning Commission has recommended approval of the proposed amendment as attached, but it is unknown if they would have recommended approval of a different proposal. The Attorney's Office has recommended that the Ordinance be acted on as recommended by the Commission and have recommended that if a majority of the Council wants to consider additional changes, the request should be remanded back to the Commission for further review and recommendation. Legal Descriptions: n/a Page 35 of 176 Amendment to the City of Waterloo Zoning Ordinance Changes and Updates to the City of Waterloo Zoning Ordinance, including: - Section 10-3-1 Definition: update definition of Abutting to include adjoining - Section 10-3-1 Definitions: update definition of Animals, Household Pet to add reference to "when housed within a dwelling" for rabbits - Section 10-3-1 Definitions: update definition of Animals, Livestock - Section 10-3-1 Definitions: update definition of Farm, Hobby to refer to Urban Animal Hobby Farm (UAHF) - Section 10-3-1 Definitions: update definition of Feed Lot to prohibit new or expanded feed lots. - Section 10-3-1 Definitions: add a definition of Urban Animal Hobby Farm (UAHF) - Section 10-6-1 "A-1" Agricultural District Principal Permitted Uses: update regulations pertain- ing to farm animals, livestock and specialized animal farms - Section 10-7-1 "R -R" Rural Residence District Principal Permitted Uses: update regulations per- taining to farm animals, livestock and specialized animal farms - Section 10-8-1 "R-1" One and Two Family Residence District Principal Permitted Uses: update regulations pertaining to farm animals, livestock and specialized animal farms - Section 10-27-1 (H)(26) Update Hobby Farm as a Special Permit use - Section 10-27-1 (U) Create a new Section U regulating Urban Animal Hobby Farms (UAHF) Ordinance No. Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: August 1, 2017 City Council Approval: Page 36 of 176 CHAPTER 1 TITLE AND PURPOSE 10-1-1 TITLE AND PURPOSE. CHAPTER 1 TITLE AND PURPOSE [Ordinance 3196, 2/22/82] 10-1-1 TITLE AND PURPOSE. A. Title. This Ordinance shall be known and may be cited and referred to as the "Zoning Ordi- nance" of the City of Waterloo, Iowa. B. Purpose. The purpose of this Ordinance shall be to promote the health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen con- gestion in the streets; to prevent the over- crowding of land; to avoid undue concentra- tion of population; and to facilitate the ade- quate provision of transportation, water, sewerage, schools, parks and other public re- quirements. C. Authority. This Ordinance is adopted in accordance with the City of Waterloo Comprehensive Plan, as amended, and as permitted and spe- cifically authorized in Chapter 414, City Zon- ing, Code of Iowa, as amended. CHAPTER 2 INTERPRETATION OF STANDARDS 10-2-1 INTERPRETATION OF STANDARDS. In their interpretation and application, the provisions of this Ordinance shall be held to be the 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 1 statutes. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirements applies, unless otherwise specified. 10-2-2 INTERPRETATION PERTAINING TO FLOOD PLAIN MANAGEMENT. [Ordinance 3487, 6/15/87] In their interpretation and application, the provisions of this Ordinance shall be held to be the 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. Where provisions or requirements of this Ordinance conflict, the most restrictive provision or requirement applies, unless oth- erwise specified. [Ordinance 5049, 6/20/11] CHAPTER 3 DEFINITIONS [Ordinance 3175, 12/14/81] [Ordinance 3378, 12/17/84] 10-3-1 DEFINITIONS. For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive; and the word "person" includes a firm, association, organi- zation, partnership, trust, company, or corpo- ration as well as an individual; the words "used" or "occupied" include the words in- tended, designed, or arranged to be used or occupied. The word "lot" includes the words plot or parcel. Abutting: Having property or district lines in common, adjoining. Accessory Structure: A structure located on the same lot with the principal use or Page 37 of 176 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. premise consumption), commonly known as a liquor store or similar establishment. e. Non -Limited Alcohol Sales use (on -premise consumption), which shall include any alcohol sales use with on -premise consumption that does not meet the definition of ei- ther an incidental alcohol sales use or a limited alcohol sales use (on - premise consumption), commonly known as a bar, tavern, night club, dance hall or similar establish- ment. Alley: A public way, other than a street, affording secondary means of access to abut- ting property. Animals, Farm: Animals other than household pets, such as livestock, that, where permitted, are kept and maintained for com- mercial production and sale, family food or by-product production, and/or educational or recreational purposes. Animals, Household Pet: Includes, but is not limited to, dogs, cats, rabbits (when housed within a dwelling), birds, hamsters, and other similar animals kept for family en- joyment or companionship, and not for com- mercial or economic reasons. See also "Ken- nel". Animals, Livestock: Includes, but is not limited to, horses, cows, pigs, sheep, chickens and poultry (excluding roosters), goats, os- triches, rheas, emus, farm deer, and other similar animals that are typically raised for meat, wool, eggs, milk or other functional or economic uses. Roosters, camel, guinea, fal- con, peacee or any exotic animals as deter- mined in the reasonable discretion of the City Planner or designee shall be prohibited with- in the City of Waterloo. Swine (including pot belly pigs) shall be prohibited within the City of Waterloo except as provided in Section 5-1- 2 of the Code of Ordinances. 5 Amendment: A change, supplement, revi- sion or reclassification in the Zoning Ordi- nance. An amendment can take three (3) forms: (1) a comprehensive revision or modi- fication of the zoning text and map; (2) a text change in zone requirements; and (3) a change in the map, i.e., the zoning desig- nation of a particular parcel or parcels. Apartment: A dwelling unit in a multiple dwelling. Apartment Hotel: A building containing both dwelling units and rooming units, used primarily for permanent occupancy. Apartment House: See Dwelling, Multi- ple. Auction Establishments: Any property or structure devoted to public auction or sales, two (2) or more times a year, for selling of private property or consigned goods, except as provided in Section 3-4A-2 of the City Code. Base Flood: The flood having one (1) per- cent chance of being equaled or exceeded in any given year. (See One Hundred (100) Year Flood). [Ordinance 5049, 6/20/11] Basement: A story having part but not more than one-half (1/2) of its average height below grade. A basement is counted as a sto- ry for the purpose of height regulations. A basement may be used as a habitable floor subject to the requirements of the currently adopted Building Code. For floodplain man- agement purposes only, a basement shall mean any enclosed area of a building having its floor or lowest level below ground level (subgrade) on all sides. [Ordinance 5049, 6/20/11] Bed and Breakfast: A building other than a hotel where, for compensation, meals or lodging are provided on a short-term basis. Short-term shall be defined as two weeks or less. Billboard: "Billboard" as used in this Or- dinance shall include all structures regardless of the material used in the construction of the Page 38 of 176 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. the City of Waterloo. May also be referred to as "existing structure". [Ordinance 5049, 6/20/11] Factory -Built Home Park or Subdivision: A parcel or contiguous parcels of land divid- ed into two or more factory -built home lots for rent or sale. [Ordinance 3487, 6/15/87] Any such development that will classify the struc- tures as non -real estate will require a Special Permit, as a mobile home park or subdivision. [Ordinance 5049, 6/20/11] Factory -Built Housing: A factory -built structure designed for long-term residential use. For the purposes of these regulations, factory -built housing consists of three (3) types: modular homes, mobile homes, and manufactured homes. Factory -Built Structure: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facili- ties for installation or assembly and installa- tion, on a building site. For the purpose of this Ordinance, including floodplain man- agement, factory -built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. [Ordinance 5049, 6/20/11] Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four (4) persons. This provision shall not re- strict children under foster care or exchange students. Family Home: Family home providing care for the mentally or physically dependent under Iowa Code Chapter 135C or as a child foster care facility under Iowa Code Chapter 237 to provide room and board, personal care, rehabilitation services, and supervision within a family home for not more than eight (8) mentally or physically dependent individ- uals. [Ordinance 3959, 7/26/93] [Ordinance 9 4554, 6/3/02] Family Home shall also refer to homes for other individuals protected by the Fair Housing Amendments Act. Farm: An area comprising thirty-five (35) acres or more which is used for the growing of usual farm products, such as vegetables, fruits, and grain and their storing on the area, as well as for the raising thereon of the usual farm poultry and farm animals. The term "farming" includes the operation of such area for uses for treating or storing the food pro- duce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feed- ing of garbage or offal to swine or other ani- mals. Farm, Hobby: A small gathering of farm animals, excluding large animals such as cat tic, horses, elk, dccr or similar large animals. Such animals may be kcpt for commercial production and sale, family food or by product production, and/or educational or recreational purposes, but not as a primary source of incomc.See Urban Animal Hobby Farm (UAHF). Farm House: A house located on land operated as a farm which is, or will be, occu- pied by a person engaged in agriculture on that same unit. Fast Food: See Restaurant. Feed Lot: Any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs, or sheep. After January 1, 2018 no new feed lot shall be established, and no existing feed lot shall be expanded in area, except those meeting Urban Animal Hobby Farm (UAHF) requirements. Fence, Non -Residential: A barrier and/or structure erected accessory to a non- residential use and not located in an "R" Dis- trict intended to provide security, mark a boundary or a means of landscaping with no portion of fence extending onto adjacent Page 39 of 176 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. structures on separate lots with diverse own- ership shall be required to meet all applicable codes and ordinances regarding building, fire, water and utility connections, drainage, subdivision, etc., and shall provide perma- nent cross easements for access, parking, and utilities and permanent maintenance agree- ments for shared infrastructure, such as the parking and vehicular use areas, storm water detention, utility connections, etc. [Ordinance 4774, 06/06/05] Structural Alterations: Any replacement or changes in the types of construction or in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, beyond ordinary repairs and maintenance. Structure: Anything constructed or erect- ed including, but not limited to, buildings, mobile homes, factory built homes, fences, billboards and signs. [Ordinance 4725, 09/20/04] Structure, Height of The vertical distance from the average grade to the highest point. See "Building, Height of" for buildings. Structure, Principal: The main or primary structure on a lot used or intended for use for a principal use. This shall not prohibit more than one principal structure on a lot if all oth- er requirements of this Ordinance are met. Substance Abuse Facility: See Group Home (Supervised or Unsupervised) [Ordi- nance 4554, 6/3/02] Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damage condition would equal or exceed 50% of the market value of the structure before the damage occurred. [Ordinance 3810, 8/19/91] Substantial Improvement: Any im- provement to a structure which satisfies ei- ther of the following criteria: 1.) Any repair, reconstruction, rehabilitation, addition or im- provement of a structure, the cost of which equals or exceeds 50% of the market value of 21 the structure either (a) before the start of con- struction of the improvement, or (b) if the structure has been substantially damaged and is being restored, before the damage oc- curred. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifi- cations which have been identified by the lo- cal code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration will not pre- clude the structure's continued designation as a "historical structure." [Ordinance 3810, 8/19/91] 2.) Any addition that increases the original floor area of a building by 25 percent or more. All additions constructed after July 3, 1985 shall be added to any proposed addi- tion in determining whether the total increase in original floor space would exceed 25 per- cent. [Ordinance 5049, 6/20/11] Trailer: See "Mobile Home." Trailer Park: See "Mobile Home Park." Urban Animal Hobby Farm (UAHF): A small gathering of farm animals kept for commercial production and sale, family food or byproduct production, and/or educational or recreational purposes, but not as a primary source of income. Animals not allowed as part of a UAHF include swine (including pot belly pigs), camels, roosters, guinea, falcon, mor any exotic animals as determined in the reasonable discretion of the City Plan- ner or designee. Horses shall not be regulat- ed as part of a UAHF. Used Car Lot: A designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning and repairing any motor vehicle of a type subject to registration under the laws of the State of Iowa. Use, Principal: The main or primary purpose for which a building, structure or lot is designed, arranged, or intended, or for which they may be used, occupied, or main- tained under this Ordinance. Page 40 of 176 CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. pruning, mowing of lawns, adequate wa- tering for all plant life, and also weeding in accordance with the Tree and Shrub Care Guidelines as set in forth by the Wa- terloo Park Commission. The owner shall also be responsible for any replacement, as necessary, in order to preserve the landscaping plan as approved by this Sec- tion. The responsibility to maintain the landscaping shall include the parking strip located between the private property line and the public street or highway, di- rectly adjacent to the owner's property. A maintenance and right to enter agreement shall be signed prior to a building permit being issued. 6. Submittal Requirements. Submittal for landscape approval shall include a separate planting plan showing type, size, and number of plantings; a site plan showing total area and total land- scaped area and any supplementary in- formation as required to demonstrate con- formance to the landscape requirements. Any deviations from the approved land- scape plan must receive approval from the City Planner or his/her designated representative prior to installation. 7. Measured Compliance. The following point schedule and conditions apply to required landscaping in all zones and shall be used in determin- ing achieved points for required planting: Overstory Trees 4 inch caliper or greater 100 points 3 inch caliper or greater 90 points 2 inch caliper or greater 80 points Trees with caliper of more than 4 inches 25 points per inch Understory Trees 2 inch caliper or greater 40 points 11/2 inch caliper or greater 30 points 1 inch caliper or greater 20 points 41 Shrubs 5 gallon or greater 2 gallon or greater Conifers 10 foot height or greater 8 foot height or greater 6 foot height or greater 5 foot height or greater 4 foot height or greater 3 foot height or greater 10 points 5 points 100 points 90 points 80 points 40 points 30 points 20 points [Ordinance 3907, 12/21/92] CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. The regulations set forth in this Chap- ter and those contained in Chapter 5 shall apply in the "A-1" Agricultural District. The "A-1" District is intended to provide for areas of the community which are suitable for agricultural and interrelated agricultural uses that are adjacent to residential, commercial or industrial districts. Any outside storage of materials or equipment shall be limited and clearly incidental and accessory to the Princi- pal Permitted Use, and shall not include the outside storage of junk or salvage material or similar debris. Outside storage of materials or equipment shall not be permitted in a front yard. This provision shall not restrict the outside storage of licensed and operable ve- hicles or agricultural equipment or machinery that are accessory and clearly incidental to the Principal Permitted Use. A. Principal Permitted Uses: 1. Agricultureal, farming and the usual agricultural buildings and structures, including specialized animal farms, provided that no structures shall be permitted unless accessory to another Principal Permitted Use or unless such structures are located on a farm Page 41 of 176 CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS. as defined herein. Any fenced con- finement area (excluding pastures) for farm animals shall have a minimum 10 -foot setback from all property lines. Also a single-family dwelling provid- ed that the owner/ occupant is active- ly engaged in the farming operation and is a member of the farm owner's immediate family. For the purpose of this Section, the immediate family shall be interpreted as father, mother, son, daughter, wife, husband, brother, sister, grandparent or grandchild. Only one (1) lot that is a minimum of three (3) acres for this purpose shall be separated from a farm and at least thirty-five (35) acres shall remain after the transfer with the farm. [Ordinance 4656, 11/10/03] 2. Truck gardening and nurseries [Ordi- nance 4656, 11/10/03], provided how- ever that any structures associated with such uses shall comply with Sec- tion 10-5-1(E) as if accessory to a sin- gle family residence, unless such uses are located on a farm as defined here- in. 3. Pigeon, rabbit and other specialized animal farms, but not including the feeding or disposal of community or collected garbage. 4.3. Stables, public and private, riding academies and clubs, and riding are- nas, where there exists a minimum lot size of ten (10) acres and an area de- voted to such purposes of at least five thousand (5,000) square feet per ani- mal and provided further that no structure or building for the stabling of horses or tethering area be closer than fifty (50) feet from abutting resi- dential properties. The area devoted to such uses shall be kept in a clean and sanitary condition. Private (non- commercial) stables shall not be sub- ject to the ten (10) acres requirement. 42 5.4. Grain elevators with usual accessory structures and the seasonal storage of coal whenever on or adjacent to and not more than one hundred (100) feet from a railway right-of-way. 675. Mining and extraction of minerals or raw material, including sand or gravel pits or borrow sites, upon approval of a Special Permit by the Board of Ad- justment after review by the Commis- sion. 776. Airports and landing fields, with Fed- eral Aviation Administration approv- al if required. 8:7. Forest and forestry. 978. Parks, playgrounds, recreational trails, and similar recreational uses. 4079.Any public building or use erected or maintained by any department of the city, township, county, state or federal government a public agency, upon approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission, except as provided in Section 10-27-1. 4710.Public utility structures and equip- ment necessary for the operation thereof in accordance with Section 10- 27-1. 4-2711.Transmitting stations and towers in accordance with Section 10-27-1. 4-3712.Recreational vehicles as defined herein, within special flood hazard ar- eas zoned A, AH, AO and AE on the Flood Insurance Rate Map must: 1. Be on the site for fewer than 180 consecutive days, and 2. 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, is attached to the site only by disconnect type utilities and Page 42 of 176 CHAPTER 6 "A-1" AGRICULTURAL DISTRICT 10-6-2 HEIGHT REGULATIONS. security devices, and has no perma- nent attached additions. [Ordinance 4125, 9/11/95] A recreational vehicle that is accessory to a Principal Permit- ted Use and is fully licensed and ready for highway use may be on the site for more than 180 consecutive days for storage purposes only and not living quarters. [Ordinance 5049, 6/20/11] 4413.Single-family homes that were legal- ly built prior to adoption of Ordinance 2479, adopted 02/03/69. For the pur- poses of this Ordinance, any such le- gally established dwelling is not con- sidered a non -conforming use as de- fined herein, but is considered a legal use. Furthermore, any such legally es- tablished dwelling may be rebuilt on the same lot as legally established, provided that all other rules and regu- lations of this Ordinance are met. However, such rebuild must occur within two (2) years of the removal of the original structure or within two (2) years of removal of a legal replace- ment structure. [Ordinance 4656, 11/10/03] [Ordinance 5288, 06/15/15] 15.14.Public and parochial schools and other educational institutions having an established current curriculum similar to that ordinarily given in Wa- terloo public schools, and colleges, universities, or institutions of higher education, upon approval of a Special Permit by the Board of Adjustment af- ter review by the Commission. 16.15.Large Wind Energy Facilities upon approval of a Special Permit by the Board of Adjustment after review by the Commission and in accordance with Section 10-27-1. B. Accessory Uses: 1. Accessory uses and structures cus- tomarily incidental to any of the above uses. [Ordinance 4724, 9/20/04] 2. Repealed by Ordinance 4724, 9/20/04. 10-6-2 HEIGHT REGULATIONS. Any building hereafter erected or structurally altered may be erected to any height not in conflict with other existing or future ordinances of the City of Waterloo. 10-6-3 BULK REGULATIONS. The following minimum requirements shall be observed, subject to the modified re- quirements contained in Section 10-27-1: "A-1" AGRICULTURAL DISTRICT USE MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM LOT AREA PER FAMILY MINIMUM FRONT YARD (1) MINIMUM SIDE YARD MINIMUM REAR YARD Farm Building or Farm 35 Acres No Minimum 35 Acres 50 Feet 25 Feet 50 Feet House Single Family Dwellings built prior to Ordinance 1.5 Acres 150 Feet 1.5 Acres 50 Feet 25 Feet 50 Feet Other Permitted Uses 1.5 Acres No Minimum 1.5 Acres 50 Feet 50 Feet 50 Feet (1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. 43 Page 43 of 176 CHAPTER 7 "R -R" RURAL RESIDENCE DISTRICT 10-7-1 PURPOSE. CHAPTER 7 "R -R" RURAL RESIDENCE DISTRICT [Ordinance 4616, 6/9/03] 10-7-1 PURPOSE. The "R -R" Rural Residential District is intended to provide regulations for land that is being converted to large lot resi- dential uses. Lots to be included in this District must be larger than one and one half (1.5) acres but smaller than ten (10) acres. Because availability of either water or sewer services for properties in this District are provided through the use of individual wells or rural water type sys- tem and septic systems they must meet Board of Health standards. Areas to be developed shall be conducive to the con- struction and operation of onsite waste treatment systems and private water wells to be determined by the Black Hawk County Health Department. The Health Department may require an engi- neered plan for onsite waste treatment systems and private water wells. The purpose of this District is to restrict the permitted uses to those that are compati- ble with agricultural, residential, and en- vironmentally sensitive areas. Individu- als building in this area should be made aware of potential conflicts with agricul- tural uses (such as the spreading of ma- nure) and that the City of Waterloo pro- vides no protection against 24 hour agri- cultural operations. Police and fire pro- tection, as well as other services, in the "R -R" Rural Residential District may not be comparable to other residential dis- tricts in the City of Waterloo. This District should only be used in areas where the City of Waterloo does not foresee extend- ing infrastructure due to topography or other barriers and not used as a means to circumvent extending city services in are- as where it is feasible. 44 10-7-2 REGULATIONS. The regulations set forth in this Chap- ter and the regulations contained in Chapter 5 shall apply in the "R -R" Rural Residential District. A. Principal Permitted Uses: 1. Single-family dwellings. 2. Farming, specialized animal farms and truck gardening, but not on a scale that would be obnoxious to adja- cent areas because of noise or odors. The Urban Animal Hobby Farm (UAHF) regulations of Section 10-27- 1(U) shall govern specialized animal farms and the keeping of farm ani- mals, and livestock, except when on a farm of over 35 acres and specialized animal farms shall bc permitted upon approval of a Special Permit by thc Board of Adjustment after rccom mcndation of thc Commieion, except as provided in Section 10 27 1. Hors cs shall bc regulated by 10 7 2(B)(4). 3. Public or semi-public parks. 4. Public utility structures and equip- ment necessary for the operation thereof in accordance with Section 10- 27-1. B. Accessory Uses: 1. Accessory uses and structures cus- tomarily incidental to any of the above uses. [Ordinance 4724, 9/20/04] 2. Temporary buildings for uses inci- dental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work. 3. Home Occupations 4. Stables, non-commercial where there exists an area devoted to such pur- poses of twenty thousand (20,000) square feet with an additional ten thousand (10,000) square feet per an - Page 44 of 176 CHAPTER 8 "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 10-7-3 HEIGHT REGULATIONS. imal exceeding two (2) in number housed or tethered and provided fur- ther that no structure or building for the stabling of horses or tethering area be closer than fifty (50) feet from the abutting residential properties. The area devoted to such uses shall be kept in a clean and sanitary condition 10-7-3 HEIGHT REGULATIONS. No building shall exceed three (3) sto- ries or forty (40) feet in height, except as provided in Section 10-27-1. 10-7-4 BULK REGULATIONS. The following minimum requirements shall be observed, subject to the modified requirements contained in Section 10-27- 1: "R -R" RURAL RESIDENCE DISTRICT USE Minimum Lot Area Maximum Lot Area Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Single Family Dwell- ings 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet Other Permitted Uses 1.5 Acres 10 Acres 150 Feet 50 Feet 25 Feet 50 Feet CHAPTER 8 "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS. The regulations set forth in this Chap- ter and the regulations contained in Chapter 5 shall apply in the "R-1" Resi- dence District. The "R-1" District is intended to pro- vide for areas of the community which are suitable for low density residential uses that are adjacent to residential, pro- fessional office or neighborhood commer- cial uses. Any outside storage of materials or equipment shall be limited and clearly incidental and accessory to the Principal Permitted Use, and shall not include the outside storage of junk or salvage materi- al or similar debris. Outside storage of materials or equipment shall not be per- mitted in a front yard. This provision 45 shall not restrict the outside storage of li- censed and operable vehicles that are ac- cessory and clearly incidental to the Prin- cipal Permitted Use. A. Principal Permitted Uses: 1. One and two family dwellings, includ- ing two-family row dwellings. [Ordi- nance 4618, 6/16/03] Alterations and conversions of single family dwellings into two family dwellings shall only be allowed in accordance with the lot area, frontage and yard requirements as set forth in this Section, and upon approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission. [Ordi- nance 5288, 06/15/15] 2. Religious facilities, upon approval of a Special Permit by the Board of Ad- justment after recommendation of the Commission. 3. Public and parochial schools and oth- er educational institutions having an Page 45 of 176 CHAPTER 8 "R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT 10-8-1 REGULATIONS. established current curriculum similar to that ordinarily given in Waterloo public schools, and colleges, universi- ties, or institutions of higher educa- tion, upon approval of a Special Per- mit by the Board of Adjustment after recommendation of the Commission. 4. Private recreational areas and facilities such as swimming pools, skating facil- ities, community building or indoor institutional or community recreation centers or fields, country clubs, golf courses and driving ranges when in- cidental to a golf course, upon ap- proval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission. [Ordi- nance 5395, 04/10/17] 5. Farming and truck gardening, but not on a scale that would be obnoxious to adjacent areas because of noise or odors, and provided that no struc- tures shall be permitted unless acces- sory to another Principal Permitted Use or unless such structures mare lo- cated on a farm as defined herein. The Urban Animal Hobby Farm (UAHF) regulations of Section 10-27-1(U) shall govern specialized animal farms and the keeping of farm animals and livestock, except when on a farm of over 35 acres, except horses and ex sept hobby farms as provided in Sec tion 10 27 1, shall be prohibited. 6. Family Homes. [Ordinance 3959, 7/26/93] [Ordinance 4554, 6/3/02] 7. Recreational vehicles as defined here- in within special flood hazard areas zoned A, AH, AO and AE on the Flood Insurance Rate Map must: a. Be on the site for fewer than 180 consecutive days, and b. Be fully licensed and ready for highway use. 46 A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by disconnect type utilities and security devices, and has no perma- nent attached additions. [Ordinance 4125, 9/11/95] A recreational vehicle that is accessory to a Principal Permit- ted Use and is fully licensed and ready for highway use may be on the site for more than 180 consecutive days for storage purposes only and not living quarters. [Ordinance 5049, 6/20/11] 8. Parks, playgrounds, recreational trails, and similar recreational uses. 9. Any public building or use erected or maintained by any department of the city, township, county, state or federal government, upon approval of a Spe- cial Permit by the Board of Adjust- ment after recommendation of the Commission, except as provided in Section 10-27-1. 10. Public or private cemetery or burial ground provided it is on a minimum of thirty (30) acres, upon approval of a Special Permit by the Board of Ad- justment after recommendation of the Commission. This provision shall not prohibit the expansion of an existing cemetery or burial ground that is less than thirty (30) acres. [Ordinance 5395, 04/10/17] 11. Public utility structures and equip- ment necessary for the operation thereof in accordance with Section 10- 27-1. 12. Transmitting stations and towers in accordance with Section 10-27-1. B. Accessory Uses: 1. Accessory Uses and structures cus- tomarily incidental to any of the above uses. [Ordinance 4724, 9/20/04] Accessory structures shall meet the Page 46 of 176 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. justment shall have the author- ity to amend or revoke the special use permit. [Ordinance 4976, 11/23/09] c. The purpose and intent of these special permit regulations is to avoid undue concentration of cer- tain alcohol sales uses, to mitigate the secondary effects of certain al- cohol sales uses, to preserve and protect neighborhoods from dete- rioration and loss of property val- ue due to incompatible uses, and otherwise to promote the general purposes of the zoning ordinance. Except in the "C-3" District, the provisions of this subsection 15 shall apply in addition to any oth- er zoning district regulations and requirements in which the land may be classified. In the case of conflict, the most restrictive provi- sions shall govern, except as oth- erwise expressly provided in this subsection. 16. Religious facilities. 17. Non-profit institutions of a philan- thropic or educational nature, includ- ing libraries but excluding philan- thropic professional offices in the "R- 4" Multiple Residence District or less restrictive district. Also private clubs, fraternities, sororities and lodges. 18. Commercial mining and extraction of minerals or raw material, including sand or gravel pits or borrow sites. 19. Mini -storage or storage rental devel- opment when in a "C-2" District. 20. Towers including wireless communi- cations and wind generation devices, except as provided in Sections 10-27- 1(B)(4), 10 -27 -1(D), 0 -27- 1(B)(4),10 -27-1(D), and 10-27-1(T). 21. Kennels. 22. Public utility structures and equip- ment necessary for the operation 150 thereof except as provided in Section 10-27-1(S). 23. Contractor Businesses when including equipment yards and when located in a "C-2" or "C-3" District. 24. Off -Premise Advertising Signs and Billboards, when exceeding 300 square feet. 25. Farm animals, livestock and special- ized animal farms, excluding horses and in other than an "A-1" District. Due to the incompatibility of farm an- imals and livestock with urban devel- opment, large scale animal operations, including animal confinement opera- tions, shall be prohibited unless the Board of Adjustment shall find that a proposed operation would be con- sistent and compatible with existing and future surrounding land uses. Fu- ture land uses shall be reviewed based on the designation of property on the Future Land Use Map, a component of the City of Waterloo Comprehen- sive Plan. 26. Urban Animal Hobby Farms (UAHF) except as provided for in Section 10- 27-1 (U), as herein defined, in other than an "A 1" or "R R" District, when the applicant can demonstrate that such a use will not constitute a nui- sance on adjoining property. Other criteria to determine if a Special Per- mit shall be granted shall include, but not be limited to: size of lot in relation to the size and number of proposed animals, size of pen(s) in relation to the size and number of proposed an- imals, proximity of surrounding de- velopment, in particular residential development, and the proposed waste disposal plan. An approved Hobby Farm shall require an annual license iGcucd by Planning staff. The licence shall be valid from July 1 to the fol lowing June 30. Every Hobby Farm Page 47 of 176 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. shall be inspected prior to iGcuance of a license. Failure of a Hobby FarmUAHF to comply with the re- quirements for a Hobby FarmUAHF or any requirements or conditions placed on the Special Permit approval for a Hobby Farm shall be subject to review by the Board of Adjustment to determine if the Special Permit shall be revoked result in the license being denied. Any Hobby Farm denied a li cense shall be subject to review by the Board of Adjustment to determine if the Special Pcrmit shall be revoked. No Hobby Farm or farm animals shall be kept in an "R 1" or le,s restrictive District if they have not been ap proved as required herein, or if Spc cial Permit approval has been re yoked. Any such property with farm animals existing at the time of enact- ment of this Ordinance shall obtain apply for Special Permit approval (if required) for a Hobby FarmUAHF or remove said farm animals within one year of enactment of this Ordinan eeprior to January 1, 2018. 27. Alterations and conversions of single family dwellings or duplexes into two family dwellings or multiple family dwellings in accordance with the lot area, frontage and yard requirements as set forth in the Bulk Regulations of the district in which it is located. [Or- dinance 5288, 06/15/15] 28. Freestanding commercial parking lots. [Ordinance 5288, 06/15/15] Before issuance of any Special Permit for any of the above buildings or uses, the Board of Adjustment [Ordinance 3614, 1/9/89] shall refer the proposed application to the Com- mission, which shall be given forty-five (45) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No 151 action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed; provided, however that if no report is received from the Commission with- in forty-five (45) days, it shall be assumed that approval of the application has been giv- en by the Commission. [Ordinance 3918, 1/11/93] The provisions of 10-28-4 (Special Permit, Appeals, and Variances) shall also apply. Minor changes that do not substantially alter the character of any Special Permit may be administratively reviewed and approved by the Planning staff. If staff determines that the magnitude of such a change is insignifi- cant in nature, staff may approve the change without a review before the Commission and public hearing by the Board of Adjustment. [Ordinance 3918, 1/11/93] Examples of minor changes include, but are not limited to the following: the location, construction, replacement or change in type of signage, minor change in building loca- tions, or change in the locations of access, driveways, or parking areas, and may be car- ried out through the administrative review and approval of the Planning staff. Minor changes may include additions to an existing building which do not increase the existing floor area by more than fifty (50) percent of the floor area of the building pro- posed to be added on to, or new buildings with a floor area not exceeding ten (10) per- cent of the floor area of all existing or ap- proved principal buildings. A change from one Special Permit use to another is not a mi- nor change and shall require Board of Ad- justment approval as though it were a new request. [Ordinance 3918, 1/11/93] If staff de- termines that the magnitude of any such change is significant in nature or could be- come significant in nature, the change shall be deemed major and the change shall require approval as though it were a new request. In determining if a change is significant in na- ture the Planning staff shall consider, among Page 48 of 176 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 17. Violation and Permit Revocation a. All wind energy facilities shall be maintained in operational condi- tion at all times, subject to reason- able maintenance and repair out- ages. Operational condition in- cludes meeting all noise require- ments and other permit condi- tions. Should a wind energy facili- ty become inoperable, or should any part of the wind energy facili- ty be damaged, or should a wind energy facility violate a permit condition, the owner/ operator shall remedy the situation within three (3) months after written no- tice from the City of Waterloo. Upon request of the owner or as- signs, and for good cause, the City Planner or designee may grant a reasonable extension of time. b. Notwithstanding any other abatement provision, if the wind energy facility is not repaired or made operational or brought into compliance after said notice, the City Council may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, (1) order either reme- dial action within a specified timeframe, or (2) order revocation of the permit and require the re- moval of the wind energy facility within three (3) months. For large wind energy facilities not removed within the specified time period, the City of Waterloo shall have the right to use the irrevocable letter of credit, bond, or cash escrow to cover the costs associated with removal of the large wind energy facility. c. Any wind energy facility that does not meet the requirements of this 178 Ordinance, including, but not lim- ited to those dealing with noise, height, setback, or visual appear- ance, or does not meet any condi- tions attached to approval of the wind energy facility, shall be deemed an unlawful structure and shall provide grounds for the rev- ocation of the permit. U. Urban Animal Hobby Farm (UAHF). 1. The UAHF regulations of this Section shall in all cases govern specialized animal farms and the keeping of farm animals and livestock, except when on a farm of at least 35 acres or in an "A- 1" Agricultural District. Notwith- standing anything in Section 10-5-1(B) to the contrary, any existing uses that include farm animals, livestock or specialized animal farms that do not conform to the UAHF regulations shall conform no later than January 1, 2018. 2. A UAHF shall be allowed within Wa- terloo City limits on lots or parcels of land as an accessory use to a principal dwelling when the following re- quirements are met: a. Minimum fenced (confined) area of 40,000 square feet or more for large and intermediate sized ani- mals such as cows, calves, sheep, goats, llamas, emus, ostrich, pea- cock and similar animals, exclud- ing swine (including pot belly pigs), camels and exotic animals as determined in the reasonable dis- cretion of the City Planner or de- signee. b. Minimum fence (confined) area of 20,0005,000 square feet or more for small sized animals such as rab- bits, mink, ferrets, chinchilla, chicken, goose, pigeon, pheasant, quail, duck and similar animals, excluding rooster, guinea, falcon, Page 49 of 176 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. peacock, and exotic animals as de- termined in the reasonable discre- tion of the City Planner or design- ee. c. The UAHF owner resides on the property. d. Containing shelters for animals. Lean-tos, tarps, car -ports and simi- lar structures are prohibited. Fowl must be kept in an enclosure or fenced area at all times and se- cured within a henhouse or "fowl - tractor" type enclosure during non -daylight hours. e. Shelters must be roofed, predator - resistant, ventilated, and easy to access, clean and properly main- tained, with water and food acces- sible at all times. f. Multiple -unit lots or parcels of land in common ownership must have approval for UAHF from all occupants. g. Density of a UAHF for large or in- termediate sized animals, as de- fined in subparagraph 2.a. above, is set at 2 animals for the first 40,000 square feet and 1 additional animal for each additional 20,000 square feet. A combination of large or intermediate sized ani- mals and small animals is allowed, as long as it does not exceed the total density allowed. h. Density of a UAHF for small sized animals, as defined in subpara- graph 2.b. above, is set at 42 ani- mals for the first 20,0005,000 square feet and 1 additional ani- mal for each additional 5,0002,500 square feet up to a maximum of 8. -A combination of large or inter- mediate sized animals and small animals is allowed, as long as it 179 does not exceed the total density allowed. The density of a UAHF is based on the square footage within the animals' confined (fenced) area minus the square footage of any structures within that same area that are not devoted to the ani- mals. j. The confined area must be fenced with approved material for a resi- dential fence per the residential fence regulations and in such a way as to prohibit escape and be properly maintained. k. There shall be a 10 -foot setback of the fenced (confined) area from neighboring property lines for a UAHF containing any large or in- termediate sized animals, and said fenced (confined) area for all UAHF's shall not be located in a front yard as defined herein. Page 50 of 176 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 3. All enclosures and fenced (confined) areas must be kept in a clean, dry, odor -free, neat and sanitary condi- tions at all times, free of insects and rodents, and all animal excrement shall be properly disposed of and not allowed to accumulate. All animals shall have clean bedding. Odors from animals, animal manure or other ani- mal related substances shall not be perceptible beyond the boundaries of the UAHF property. All stored ma- nure shall be covered by a fully en- closed structure with a roof or lid, and no more than four (4) cubic feet of manure shall be stored on the UAHF property. All other manure not used for composting or fertilizing shall be removed. 4. Animals born in a UAHF are allowed to remain until 12 weeks old at which time they must be removed unless density limits allow them to remain. 5. No UAHF shall be operated so that crowing, cackling, gobbling, bleating or other animal or fowl noises, etc., occur at a level that creates a nuisance for adjacent properties. 6. The Board of Adjustment shall have the authority to grant exceptions to the requirements of this Subsection U. Such request will require submittal of a variance application, but the Board is not required to apply all standards for issuance of a variance when con- sidering a variance request for a UAHF, except for requests involving regulation under Chapter 22, Flood - way and Flood Plain Districts. 7. Beekeeping shall be allowed within the Waterloo City limits on lots or parcels of land as an accessory use to a principal dwelling when the follow- ing requirements are met: a. Minimum lot size of 20,000 square feet. 180 b. The beekeeper resides on the property. c. Density shall be set at two hives (with only one swarm per hive) for every 20,000 square feet of to- tal lot size. No more than 6 hives shall be permitted on a lot, unless the lot is more than 35 acres and primarily used for agricultural purposes. d. Hives shall not be located within 25 feet of any lot line, shall not ex- ceed 20 cubic feet in volume, and a constant supply of water shall be provided for all hives to prevent bees from congregating at other sources of water on nearby prop- erties. The water shall be main- tained so as not to become stag- nant. e. Queens: In any instance in which a colony exhibits unusually aggres- sive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusu- al disposition towards swarming outside the hive, it shall be the du- ty of the beekeeper to re -queen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics. Page 51 of 176 CHAPTER 28 BOARD OF ADJUSTMENT 10-28-1 APPOINTMENT - MEMBERSHIP. 8. All UAHF's, excluding beekeeping, shall be required to be approved by Special Permit by the Board of Ad- justment after recommendation of the Commission, except when the UAHF owner submits to the Planning De- partment a consent petition which in- dicates approval of the UAHF signed by 100 percent of the abutting proper- ty owners to the UAHF property, and signed by 60 percent of the property owners within 250 radial feet of the UAHF property. Planning Staff shall have the authority to determine if a petition meets these requirements. 9. Butchering: No butchering of any UAHF animals shall be allowed ex- cept within a fully enclosed building. CHAPTER 28 BOARD OF ADJUSTMENT 10-28-1 APPOINTMENT —MEMBERSHIP. A Board of Adjustment is hereby estab- lished which shall consist of five (5) members each appointed to a term of five (5) years. Members shall be removable for cause by the appointing authority by written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. [Ordinance 4074, 2/20/95] [Ordinance 4080, 3/13/95] 10-28-2 RULES —MEETINGS — GENERAL PROCEDURE. The Board shall adopt rules in accordance with the provisions of this Ordinance. Meet- ings of the Board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if ab- sent or failing to vote, indicating such fact, 181 and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. 10-28-3 JURISDICTION—POWERS. The Board shall have the following pow- ers and duties. A. The Board of Adjustment may, in ap- propriate cases and subject to appro- priate conditions and safeguards, make special exceptions to the terms of this Ordinances in harmony with its general purpose and intent. Any property owner aggrieved by the pro- visions of this Ordinance or any regu- lations or restrictions thereunder, may petition the said Board of Adjustment to modify said regulations and re- strictions as applied to such property owner and the following rules shall apply: 1. The Board of Adjustment shall have a public hearing on said peti- tion under the same terms and conditions as hereinafter provided for the hearing of appeals by the Board of Adjustment. 2. The Board of Adjustment in mak- ing any exception to this Ordi- nance shall be guided by the gen- eral rule that the exceptions shall by their design, construction, and operation adequately safeguard the health, safety, and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the pub- lic streets, shall not increase public danger of fire and safety and shall not diminish or impair established property values in surrounding areas. Page 52 of 176 MEMORANDUM To: Mayor and City Council From: Aric A. Schroeder, City Planner Date: 08/08/17 RE: Summary of Changes to the Proposed Zoning Ordinance Amendment for Hobby Farms. As you are aware, staff has been working on an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for hobby farms and farm animals, and other miscellaneous updates. At their June 6, 2017 meeting the Planning, Programming and Zoning Commission recommended approval on a version of the proposed amendment, but at the July 10, 2017 meeting of the City Council, the item was remanded back to the Commission for additional review and recommendation. At their August 1, 2017 meeting the Commission recommended approval of the attached version of the proposed amendment. The following is a list of the changes from the previously recommended version compared to the currently recommended version. This summary only identifies the differences between the two versions. A complete copy of the proposed changes, showing strike through of wording proposed to be removed and underline for wording proposed to be added is also attached. - Section 10-3-1 Definition of "Animals, Livestock": the word "peacock" is removed from the wording proposed to be added, so that a peacock would not be an animal specifically prohibited within the City of Waterloo. - Section 10-3-1 Definition of "Urban Animal Hobby Farm (UAHF)": the word "peacock" is removed from the wording proposed to be added, so that a peacock would not be an animal specifically prohibited within the City of Waterloo. - Section 10-27-1 (U)(2)(a): the word "peacock" is added to the list of animals permitted as large and intermediate sized animals in an Urban Animal Hobby Farm (UAHF). - Section 10-27-1(U)(2)(b): the word "20,000" is removed from the wording proposed to be added and replaced with the word "5,000". This would lower the minimum fence (confined) area needed for small sized animals from 20,000 square feet to 5,000 square feet (see below for changes to the number of animals allowed). Also the word "peacock" is removed from the wording proposed to be added, so that a peacock would not be an animal specifically prohibited within the City of Waterloo. Page 53 of 176 - Section 10-27-1(U)(2)(h): the word "4" is removed from the wording proposed to be added and replaced with the word "2", and the word "20,000" is removed from the wording proposed to be added and replaced with the word "5,000". This would lower the number of small animals allowed to 2 animals for the first 5,000 square feet instead of 4 animals for the first 20,000 square feet. Also the word "5,000" is removed from the wording proposed to be added and replaced with the word "2,500" and the words "up to a maximum of 8" is added to the wording proposed to be added. This would lower the area needed for additional animals beyond the initial 2 animals to 2,500 square feet per animal instead of 5,000 square feet per animal, and would add a cap of 8 small animals regardless of total area provided. Said changes are less restrictive than was previously recommended, but more restrictive than the changes as were proposed by Councilperson Morrissey. - Section 10-27-1(U)(9) Butchering: a new subsection 9 is added to the wording proposed to be added as follows: "Butchering: No butchering of any UAHF animals shall be allowed except within a fully enclosed building". The Commission did not recommend making any changes to the proposed wording regarding the consent petition requirement to avoid the requirement to obtain Special Permit by the Board of Adjustment after recommendation of the Commission. As previously noted, this summary only highlights the changes between the previously recommended version and the currently recommended version, so please review the complete copy of the proposed amendment to review all changes being proposed. Please let Planning staff know if you have any questions or need any additional information regarding the proposed amendments. staff memo 08-08-17 Summary of Changes Proposed Zoning Ordinance Amendment - Ho.hbv FarageT4 of 176 Urban Animal Hobby Farm The following are changes I believe will improve the current proposed language. None of these are significant, in my opinion, for the reasons stated in the suggested changes. a.) 10-3-1 Definitions Animals, Livestock: In the 2" sentence, take out "peacock" from the excluded or prohibited. (I believe that adding peacock to "Large and Intermediate" would allow for a few keeping in mind the guidelines for that grouping.) b.) UAHF definition - "Animals not allowed as part of UAHF include swine... falcon, peacock.... Eliminate "peacock" from the group excluded. 10-27-1 * U - 2 - a: add "peacock" • U -2—b: "Minimum fenced (confined) area of 20,000 sq. ft. or more for small -sized animals" change the 20,000 to 5,000. Justification: These are small animals with limits on the total numbers. If one figures an average residential lot at @ 11,000 sq. ft. and the front yard, driveway, garage and house are taken out, that would probably leave less than half of the total sq. footage — maybe 4,000 to 4,500 sq. ft. left. Besides the fact that all proposed UAHF's have to either get a special permit thru BOA or the 100% of abutting properties, most would more than likely have to seek a Variance. Lowering the sq. ft. to 5,000 does not mean there will be more UAHFs, but it means that the bar is set as to be attainable for those that desire to have a few small animals rather than at 20,000 (confine/fenced area) sq. ft. realizing that most will likely have to get a Variance or have their neighbor's OK. Page 55 of 176 Finally, 5,000 sq. ft. equals a 50 ft. wide by 100 ft. deep lot/space. This is what has to be fenced to have 4 small animals as defined. • U -2—h: Change this so as to read: " Density of a UAHF for small -sized ... is set at 4 for the first 5,000 sq. ft. 1 additional for each additional 1,250 sq. ft. up to a maximum of 8." • U-8 "All UAHFs ... consent petition which indicates approval of the UAHF signed by 100% of the abutting property owners to the UAHF property AND THE OCCUPIED PROPERTY(ies) IMMEDIATELY ACROSS THE STREET (if any). Eliminate "and signed by 60% within 250 radial ft of the proposed UAHF." • U — 9: New Language: BUTCHERING: No butchering of UAHF animals allowed outside. Again, these are the changes I would like to see to the proposed Hobby Farm language. These Guidelines will allow the Planning and Zoning Commission and the Board of Adjustment to have guidelines to address such issues brought before them. Guidelines are not there now, merely an open-ended nebulous and short ordinance I see these changes as reasonable and fair to all concerned and thank Aric Schroeder for his work. Patrick Morrissey, City Council, Ward 3 June 26, 2017 Page 56 of 176 CITY OF WATERLOO Council Communication Lease Agreement with Crystal Distribution Services, Inc. for the property located at 70-90 Sycamore Street. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Crystal Business Property Lease SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Type Backup Material D ate 8/23/2017 - 10:18 AM 8/23/2017 - 10:58 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving a Lease Agreement with Crystal Distribution Services, Inc. for the property located at 70-90 Sycamore Street, for $1.00 annually, for a term ending December 31, 2022, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Crystal Distribution currently owns the building located at 70-90 Sycamore Street. They will be constructing an addition to their location at 1656 Sycamore Street and as a part of the development agreement for their addition the City of Waterloo is acquiring the property located at 70-90 Sycamore Street. Crystal Distribution will be utilizing the building until they are able to consolidate all of their services to their 1656 Sycamore Street location. The City believes the property at 70-90 Sycamore Street is located within a prime development area and will be able to open up opportunities for redevelopment in the future. Expenditures are outlined within Development Agreement. City will be purchasing the building from Crystal Distribution through an Economic Development Grant for $640,000. N/A Strategic Planning Policy 1, 3 and 4 regarding Economic Development Page 57 of 176 Alternative: Not Approve Legal Descriptions: VIRDENS ADD WATERLOO PART OF LOTS 1 & 2 BLK 1 ALSO PART OF BLK 1 MILL LOT DES AS FOL: BEG AT A PT ON NELY LINE LOT 1 VIRDENS ADD THAT IS 126' NWLY OF MOST ELY COR SAID LOT TH SWLY TO A PT ON SWLY LINE LOT 2 VIRDENS ADD THAT IS 126' NWLY OF MOST SLY COR LOT 2 TH NWLYALONG SWLY LINE SAID LOT 2 & EXTENSION THEREOF A DIST OF 167.25' TH NELY 4.2T TO A PT 115.73' FROM SWLY LINE SYCAMORE ST TH NWLY 9.04' TO A PT THAT IS 8.5' PERPENDICULARLY DIST NELY FROM CENTER LINE ILLINOIS CENTRAL RR TH NWLYALONG A LINE THAT IS PAR & 8.5' PERPENDICULARLY DIST NELY FROM CENTER LINE OF SAID TRACK A DIST OF 166.76' TH NELY ALONG A LINE THAT IS PAR WITH NWLY LINE OF LOT 1 &2 A DIST OF 14.T TH NWLY IN A STRAIGHT LINE A DIST OF 63.8' TO A PT THAT IS 38.5' SWLY OF THE SWLY LINE OF SYCAMORE ST TH NELY ALONG A LINE THAT IS PERPEN- DICULAR TO SWLY LINE SYCAMORE STADIST OF 38.5' TH SELY ALONG SWLY LINE OF SYCAMORE ST TO THE PT OF BEG also VIRDENS ADD WLOO SELY 126 FT LOTS 1 & 2 BLK 1 Page 58 of 176 BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of , 2017, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and Crystal Distribution Services, Inc. ("Tenant"), whose address for the purpose of this Lease is P.O. Box 1744, Waterloo, Iowa, 50704. The parties acknowledge that Tenant has owned the leased premises and has conducted its business thereon for several years and that Landlord purchased the premises from Tenant as provided in a certain Development Agreement (the "DA") between the parties. The DA also provides for Tenant to construct new facilities for its business at a different location. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: See Exhibit "A" attached hereto. Commonly known as 70-90 Sycamore Street, Waterloo, Iowa, with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon execution of this Lease and continuing until and including December 31, 2022, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 per year, in advance, due upon signing of this Lease. No security deposit. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES; PRIOR USE. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for activities and purposes in keeping with and incidental to general commercial purposes such as Tenant currently conducts on the premises. Landlord has not reviewed zoning or other applicable legal requirements or limitations imposed by any local, state, or federal governmental authority that may affect Tenant's use of the premises, and Landlord makes no representation or warranty that the premises is suitable for Tenant's intended use. Tenant shall conduct its own review of applicable law and shall be solely responsible for meeting all legal requirements, including but not limited to building permits, licensure, or governmental approval. The parties acknowledge that Tenant is the former owner of the premises and that this Lease is a lease -back following Landlord's purchase of the premises according to the terms of a development agreement between the parties. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. Each party shall perform its responsibilities of repair and maintenance to the end that the premises will be kept in a safe and serviceable condition, Neither party will permit nor allow the premises to be damaged or depreciated in value by any act, omission, or negligence of itself, its agents or employees. 1 Page 59 of 176 (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided or to which Landlord may hereafter give its prior written consent. Tenant acknowledges that it is the former owner of the premises and that it is fully familiar with the condition of same. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for, maintain, and repair the exterior and interior parts of said premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant will furnish its own interior and exterior decorating. Tenant's duties under this Section shall include, but not be limited to, the foundation, roof, and other structural parts of the premises, all fixtures and mechanical systems, and any other feature of the premises that is commonly cared for, repaired, or maintained by a landlord. Tenant at its own expense may install floor covering and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass in the windows of the leased premises and for maintaining the sidewalks and parking areas on and abutting the leased premises. Tenant shall make no structural alterations or improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns, grounds, and landscaping, if any, to keep the premises well-maintained. Tenant shall be responsible to control and/or clear ice and snow from all sidewalks and parking areas on or abutting the premises. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises or the parking area, yards, or sidewalks, and it will remove same from the premises at its own expense. (e) Tenant shall have responsibility for and perform all acts necessary for compliance with the Americans with Disabilities Act. 7. FACILITY SERVICES. (a) UTILITIES AND SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, television, internet, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. (b) AIR CONDITIONING AND HEATING equipment shall be initially furnished by Landlord, and Tenant shall maintain, repair, and replace same. (c) JANITOR SERVICE shall be furnished at the expense of Tenant. 8. END OF TERM. (a)This Lease shall terminate upon expiration of the original term or applicable renewal terms, in accordance with the terms of Section 1. (b) SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage not covered by insurance, (c) REMOVAL OF FIXTURES. Tenant may, at the expiration of the term of this Lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. Notwithstanding the foregoing, all leasehold improvements made by Tenant and all fixtures installed by Tenant shall remain upon the premises and shall be the sole property of Landlord. 2 Page 60 of 176 (d) HOLDING OVER. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord. Notwithstanding anything to the contrary in this paragraph, Tenant may assign this Lease to the surviving entity in connection with any corporate merger, consolidation or reorganization to which Tenant is a party. 10. PROPERTY TAXES. Tenant shall pay all installments of real estate taxes, and all increases in installments, that would become delinquent if not paid during the term of this Lease. Tenant shall also timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority against its personal property on the premises during the term of this Lease. Tenant shall pay all special assessments that would become delinquent if not paid during the term of this Lease. Each party reserves the right to protest any assessment of taxes. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain hazard insurance (i.e., fire and extended coverage) on the Property for the benefit of the parties as their respective interest may appear. Coverage shall be not less than $50,000. From and after delivery of possession, Landlord shall provide no fire and extended coverage insurance on said premises for the benefit of Tenant. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing by Tenant to Landlord. To the extent permitted by their policies, Landlord and Tenant waive all rights of recovery against each other. (b) Tenant further covenants and agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (c) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, that happens or is done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. Prior to occupancy of the leased premises hereunder, Tenant has had the opportunity to test the premises for toxic or hazardous substances, mold, and other environmental matters, and Tenant agrees that the indemnities set forth in this paragraph shall include but not be limited to any claims, demands, losses, or causes of action arising from or relating to such matters. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 3 Page 61 of 176 13. FIRE AND CASUALTY. (a) PARTIAL DESTRUCTION OF PREMISES. In the event of a partial destruction or damage of the leased premises which causes a business interference by preventing the conduct of a normal business operation, and which damage is reasonably repairable within sixty (60) days after its occurrence, this Lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Tenant shall have the option to repair such damages. (b) ZONING. If the zoning ordinance of the municipality in which this property is located makes it impossible for Landlord, using diligent and timely effort, to obtain necessary permits and to repair and/or rebuild so that Tenant is able to conduct its business an these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises, including the parking area (if a parking area is a part of the subject matter of this Lease), so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE; DEFAULTS OF TENANT; OTHER REMEDIES. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in its usual and customary business activities on the premises for more than fifteen (15) consecutive business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale, or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events Landlord may, at its option, immediately terminate this Lease and, upon giving of ten (10) days' written notice by Landlord to Tenant, re-enter said premises, all to the extent permitted by applicable law. (c) OTHER REMEDIES. In addition to any remedies set forth in this Section 15 or otherwise available under applicable law, in the event of a default Landlord may exercise any one or more of the following remedies: (1) Declare due, sue for, and receive from Tenant the sum of all payments and other amounts then due and owing under this Lease, plus the accelerated balance of future payments; (11) Terminate this Lease; (iii) Collect from Tenant all other amounts due and owing under this Lease; (iv) Charge interest on all sums due hereunder from and after the date of default at the rate of 18% per annum, compounded monthly, until paid in full, but in no event more than the maximum rate permitted by law. In addition, Landlord may use any other remedies available to it under applicable law, 4 Page 62 of 176 (d) In the circumstances described in paragraphs (a) -(c) above, waiver as to any default shall not constitute a waiver of any other or subsequent default, and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or modify the terms of this Lease. Remedies will be applied cumulatively, to the extent allowed by law. Tenant agrees to pay Landlord all costs and expenses, including attorneys' fees, incurred by Landlord in exercising or attempting to exercise any of its rights or remedies or in defending against the claims of Tenant. If appropriate in the circumstances, remedies will include those available under UCC Article 9. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (e) The parties agree to the jurisdiction and venue of the Iowa District Court for Black Hawk County in any action to construe, interpret, or enforce this Lease. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN ANY WAY RELATED TO THIS LEASE, WHETHER DIRECTLY OR INDIRECTLY. (f) Acceptance of keys, advertising, and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this Lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants, or conditions of this Lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant, or condition, or make good such default, and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 10% per annum from the date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the prior written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this Lease, or extension, shall have the right to maintain in the windows or on the building or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises; provided, however, 5 Page 63 of 176 that the Tenant shall, in such instance and at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed operation of the business upon the leased premises (unless no substituted article or item is necessary). 21. OTHER PROVISIONS. N/A. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address, Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States snail and so deposited in a United States mail box. 24. BINDING binding upon the except that if any tenant. EFFECT. Each and every covenant and agreement herein contained shall extend to and be respective heirs, personal representatives, successors, and assigns of the parties hereto; part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa Crystal Distribution Services, Inc. By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 6 By: Title: Page 64 of 176 EXHIBIT "A" Legal Description VIRDENS ADD WATERLOO PART OF LOTS 1 & 2 BLK 1 ALSO PART OF BLK 1 MILL LOT DES AS FOL: BEG AT A PT ON NELY LINE LOT 1 VIRDENS ADD THAT 1S 126' NWLY OF MOST ELY COR SAID LOT TH SWLY TO A PT ON SWLY LINE LOT 2 VIRDENS ADD THAT IS 126' NWLY OF MOST SLY COR LOT 2 TH NWLY ALONG SWLY LINE SAID LOT 2 & EXTENSION THEREOF A DIST OF 167.25' TH NELY 4.27' TO A PT 115.73' FROM SWLY LINE SYCAMORE ST TH NWLY 9.04' TO A PT THAT IS 8.5' PERPENDICULARLY DIST NELY FROM CENTER LINE ILLINOIS CENTRAL RR TH NWLY ALONG A LINE THAT IS PAR & 8.5' PERPENDICULARLY DIST NELY FROM CENTER LINE OF SAID TRACK A DIST OF 166.76' TH NELY ALONG A LINE THAT IS PAR WITH NWLY LINE OF LOT 1 &2 A DIST OF 14.7' TH NWLY IN A STRAIGHT LINE A DIST OF 63.8' TO A PT THAT IS 38.5' SWLY OF THE SWLY LINE OF SYCAMORE ST TH NELY ALONG A LINE THAT IS PERPENDICULAR TO SWLY LINE SYCAMORE ST A DIST OF 38.5' TH SELY ALONG SWLY LINE OF SYCAMORE ST TO THE PT OF BEG. and VIRDENS ADD WLOO SELY 126 FT LOTS 1 & 2 BLK 1. 7 Page 65 of 176 CITY OF WATERLOO Council Communication Sale and Conveyance of City owned property located at 200 West 4th Street (Convention Center), to LK Holdings Waterloo, LLC with an amendment to the Development Agreement. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Amendment to Development Agreement ❑ Waterloo Convention Center Survey D Leslie Hospitality Letter D Red Lion Hotels Approval letter • LHC Corporate References D Calmwater Capital letter D Approved Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material D ate 8/23/2017 - 10:44 AM 8/23/2017 - 11:38 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of City owned property located at 200 West 4th Street (Convention Center), to LK Holdings Waterloo, LLC in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents. Resolution approving Amendment to Development Agreement with LK Holdings Waterloo, LLC, to correct the legal description, and authorize the Mayor and City Clerk to execute said Agreement. Submitted By: Noel Anderson, Community Planning & Development Director Approval of the Amendment to Development Agreement. The City of Waterloo previously held a hearing and took action to approve a development agreement and authorize the sale and conveyance of 200 West 4th Street (Convention Center) to LK Holdings Waterloo, LLC for $1.00. Staff is proposing an amendment to the development agreement to utilize an updated legal description, which includes a 10' strip of vacated Park Avenue that was inadvertently omitted from the previous description, and provides a more detailed description of the area to be conveyed based on a survey of the property. No other portion of the development agreement is Page 66 of 176 Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: being amended at this time, and all other terms of the agreement shall continue in full force and effect. None (for the amendment) N/A Economic Development. Meeting Stategic Goals 1, 3, and 4, with new jobs, new tax base, new image improvements of Waterloo. Not approve DESCRIPTION: PARCEL 'K' PART OF BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER AND THE SOUTHEASTERLY 10.00 FEET IN EVEN WIDTH OF FORMER MAIN STREET NOW PARK AVENUE AND PART OF ELWELL'S PLAT A SUBDIVISION OF LOTS 1 AND 2 IN BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1 OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE POINT OF INTERSECTION OF THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET; THENCE NORTH 41° (DEGREES) 05' (MINUTES) 42" (SECONDS) EAST, 80.00 FEET TO THE SOUTHERLY CORNER OF SAID BLOCK 7; THENCE NORTH 48°54'56" WEST, ON THE SOUTHWESTERLY LINE OF SAID BLOCK 7 ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, 4.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 48°54'56" WEST ON THE SOUTHWESTERLY LINE OF SAID BLOCK 7 AND ITS NORTHWESTERLY PROLONGATION, ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, 306.59 FEET TO NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE NORTH 41°03'49" EAST ON THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, 301.91 FEET (300.00 FEET RECORD) TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET; THENCE SOUTH 49°02'55" EAST ON THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LINE OF SAID Page 67 of 176 BLOCK 7 AND ITS NORTHWESTERLY PROLONGATION, 240.52 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 956.73 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A98.84 -FOOT LONG CHORD BEARING SOUTH 28°47'22" WEST, 98.89 FEET (ARC LENGTH); THENCE SOUTH 26°09'45" WEST ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET, 91.32 FEET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 760.00 - FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 119.61 -FOOT LONG CHORD BEARING SOUTH 30°40'33" WEST, 119.73 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. (THE SOUTHEAST LINE OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF- WAY LINE OF WEST 4TH STREET THAT IS SOUTHWESTERLY OF JEFFERSON STREET, IS ASSUMED TO BEAR NORTH 41°05'42" EAST FOR THE PURPOSE OF THIS DESCRIPTION.) CONTAINING 83,194 SQUARE FEET OR 1.91 ACRES. Page 68 of 176 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2017 by and between the City of Waterloo, Iowa ("City") and LK Holdings Waterloo, LLC ("Company). RECITALS A. Company and City are parties to that certain Development Agreement dated July 17, 2017 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. Company and City are also parties to a Minimum Assessment Agreement (the "MAA") pertaining to the Property. B. The Property description contained errors that have been identified by survey, and the parties desire to amend the DA on the terms set forth herein to provide for a corrected legal description. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. The DA and MAA are amended to strike Exhibit "A" therefrom and to substitute in place thereof a new Exhibit "A" as attached to this Amendment. The DA is further amended to add the plat of survey as a new Exhibit "A-1." 2. Except as amended herein, the DA and the MAA shall continue unmodified in full force and effect. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 69 of 176 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 LK HO 1 7 S ATERLOO, LLC By: -J , Edwin i Leslie Managing Member of Leslie Hospitality Consulting, LLC, its Managing Member Page 70 of 176 EXHIBIT "A" Legal Description of Property DESCRIPTION: PARCEL `K' PART OF BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER AND THE SOUTHEASTERLY 10.00 FEET IN EVEN WIDTH OF FORMER MAIN STREET NOW PARK AVENUE AND PART OF ELWELL'S PLAT A SUBDIVISION OF LOTS I AND 2 IN BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1 OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE POINT OF INTERSECTION OF THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET; THENCE NORTH 41' (DEGREES) 05' (MINUTES) 42" (SECONDS) EAST, 80.00 FEET TO TILE SOUTHERLY CORNER OF SAID BLOCK 7; THENCE NORTH 48°54'56" WEST, ON THE SOUTHWESTERLY LINE OF SAID BLOCK 7 ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF- WAY LINE OF JEFFERSON STREET, 4.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 48°54'56" WEST ON THE SOUTHWESTERLY LINE OF SAID BLOCK 7 AND ITS NORTHWESTERLY PROLONGATION, ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, 306.59 FEET TO NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE NORTH 4103'49" EAST ON THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, 301.91 FEET (300.00 FEET RECORD) TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET; THENCE SOUTH 49°02'55" EAST ON THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LINE OF SAID BLOCK 7 AND ITS NORTHWESTERLY PROLONGATION, 240.52 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 956.73 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 98.84 -FOOT LONG CHORD BEARING SOUTH 28°47'22" WEST, 98.89 FEET (ARC LENGTH); THENCE SOUTH 26°09'45" WEST ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET, 91.32 FEET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 760.00 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 119.61 -FOOT LONG CHORD BEARING SOUTH 30°40'33" WEST, 119.73 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. (THE SOUTHEAST LINE OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET THAT IS SOUTHWESTERLY OF JEFFERSON STREET, IS ASSUMED TO BEAR NORTH 41°05'42" EAST FOR THE PURPOSE OF THIS DESCRIPTION.) CONTAINING 83,194 SQUARE FEET OR 1.91 ACRES. Page 71 of 176 EXHIBIT "A-1" See attached Plat of Survey for Parcel "K". Page 72 of 176 BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, COUNTY OF BLACK, STATE OF IOWA C AVENUE 9 ORIGINAL PLAT WEST OF THE CEDAR RIVER BLK. 7 6 3 7 4 ELWELL'S PLAT F,Q so 5 BLK. 8 P.O.B. PARCEL 'K' 2 E.J. BICKLEY'S SUBD. 5 9 DESCRIPTION: PARCEL 'K' PART OF BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER AND THE SOUTHEASTERLY 10.00 FEET IN EVEN WIDTH OF FORMER MAIN STREET NOW PARK AVENUE AND PART OF ELWELL'S PLAT A SUBDIVISION 0 LOTS 1 AND 2 IN BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1 OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE POINT C INTERSECTION OF THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST4TH STREET; THENCE NORTH 41° (DEGREES) 05' (MINUTES) 42" (SECONDS) EAST, 80.00 FEET TO THE SOUTHERLY CORNER OF SAID BLOCK 7; THENCE NORTH 48°54'56" WEST, ON TI SOUTHWESTERLY LINE OF SAID BLOCK 7 ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, 4.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 48°54'56" WEST ON THE SOUTHWESTERLY LINE OF SAID BLOCK 7 AND IT'S NORTHWESTERLY PROLONGATION, ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, 306.59 FE TO NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE NORTH 41°03'49" EAST ON TI NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, 301.91 FEET (300.00 FEET RECORD) TC THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET; THENCE SOUTH 49°02'55" EAST ON THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LI OF SAID BLOCK 7 AND IT'S NORTHWESTERLY PROLONGATION, 240.52 FEET TO THE NORTHWESTERLY RIGHT -OF -WA LINE OF WEST 4TH STREET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 956.73 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 98.84 -FOOT LONG CHORD BEARING SOUTH 28°47'22" WEST, 98.89 FEET (ARC LENGTH); THENCE SOUTH 26°09'45" WEST ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST4TH STREET, 91.32 FEET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 760.00 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 119.61 -FOOT LONG CHORD BEARING SOUTH 30°40'33" WEST, 119.73 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. (THE SOUTHEAST LINE OF E.J BICKLEY'S SUBDIVISION, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY L OF WEST 4TH STREET THAT IS SOUTHWESTERLY OF JEFFERSON STREET IS ASSUMED TO BEAR NORTH 41°05'42" EAS - FOR THE PURPOSE OF THIS DESCRIPTION.) CONTAINING 83,194 SQUARE FEET OR 1.91 ACRES. BEARING / DISTANCE ACQUISITION PARCEL 'K' 1 TO 2 N 41 ° 05 42 " E 80.00 2 TO 3 N 48 ° 54 56 " W 4.03 3 TO 4 N 48 ° 54 56 " W 306.59 4 TO 5 N 41 ° 03 49 " E 301.91 300.00' RECORD 5 TO 6 S 49 ° 02 55 " E 240.52 Index Legend Block 7 in the Original Plat on the West Side of the Cedar River rt of the Southeasterly 10.00 feet in even width of former Main Street irk Avenue and part of Elwell's Plat a subdivision of Lots 1 and 2 in Block n rt n�i DI ,+ +ho inion+ c,l +k • = FOUND 1/2" REBAR/YELLOW CAP 8033 ®= FOUND 1/2" REBAR NO CAP ® = FOUND PK NAIL + = FOUND CUT 'X' 6 TO 7 R = 956.73' LC = S 28°47'22" W 7 TO 8 S26°09 '45 " W 8 TO 3 R = 760.00' LC = S 30°40'33" W L = 98.89 98.84 91.32 L = 119.73 119.61 DATE SIGNED: AUGUST 7, 2017 'oa�AND" SL I hereby certify that this Land Surveyin document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer TO: Mayor Hart Council Members C: Noel Anderson, Community Planning & Development Director DATE: August 22, 2017 FROM: Michelle Weidner, Chief Financial Officer RE: Convention Center Development Agreement Attached please find several documents that have been provided by Mr. Edwin Leslie of Leslie Hospitality and LK Holdings Waterloo, LLC regarding the development agreements for the former Ramada hotel and the convention center. 1. The first document is a letter from Red Lion Hotels Corporation, informing Mr. Leslie that the Red Lion Hotels Franchise Committee has approved his application to convert the Ramada Hotel. 2. The second document is a list of corporate reference contacts that Mr. Leslie provided to the City. 3. The third document is a letter from Calmwater Capital, verifying that Edwin Leslie and Leslie Hospitality manage a number of hotel properties on behalf of their company. I have not received a copy of the bank financing commitment letter at this time. Mr. Leslie and his team are working on the financing package. The letter will be provided to council members when it's received. The actual closing on the property will not occur until that is provided. I have seen Mr. Leslie's personal financial statements and credit report. If you have any questions, please contact me. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 74 of 176 August 2, 2017 Mr. Edwin Leslie Leslie Hospitality Consulting, LLC P.O. Box 27202 Omaha, NE 68127 Re: Proposed Conversion of the Ramada Hotel (228 rooms) to a Hotel RL in Waterloo, IA Dear Mr. Leslie: On behalf of RLHC, I am pleased to inform you that the Franchise Approval Committee has approved your application to convert the above -referenced property. A copy of the License Agreement will be issued under separate cover, together with a closing checklist of items. Please sign and return the License and requested documents. Once all conditions are fulfilled, a fully executed copy of the License will be forwarded to you for your files. Congratulations on your approval. Should you have any questions, please contact me at 770-235-6290. I look forward to working with you on this exciting opportunity. Sincerely, Angie McPetrie Angie McPetrie Regional Vice President, Lodging Development Red Lion Hotels Corporation Page 75 of 176 LESLIE HOSPITALITY CONSULTING Corporate Reference Contacts Angie McPetrie 1 RVP, Lodging Development T 509-777-6415 1 M 770-235-6290 1 Angie.McPetrie©rlhco.com Red Lion Hotel Corporation SAYE o3O% OFFS LAYS NOW THROUGH 1R'NUASY 13, ZO BOOK NOW MIKE COWELL Vice President, Business Development Dream Hotel Group 13650 Trautwein Rd. Austin, TX 78737 Office Direct +1 512 829 4141 Cell +1 512 422 9200 www.HampshireHotels.com www.DebutHotelGroup.com Larry W. Grantham, Jr. Managing Director CALMWATE It CAPITAL 11755 Wilshire Blvd., Suite 1400 Los Angeles, CA 90025 0: (310) 806-9724 / C: (303) 547-6253 www.calmwatercapital.com 1848 PALMCROFT DRIVE, NE 1 PHOENIX, AZ 85007 1 281.468.4230 1 WWW.LESLIE-HOSPITALITY.COM Page 76 of 176 LESLIE HOSPITALITY CONSULTING STONETO N C A; Andy Glinski D: 303.407.3015 C: 303.709.2982 F: 303.407.3086 720 South Colorado Blvd. Suite 1150-N Glendale, CO 80246 Mr. Roni Amid Managing Director WESTCORP •N1 1..N ;Fv1TNrGRO l'■ GET IN TOUCH P: (702) 806-2818 F: (702) 307-5448 A: 6655 S. Eastern Ave. Suite 200 Las Vegas, NV 89119 Rachel J. Lee Vice President, Asset Management & Development 523 W. 6th Street Suite 600 Los Angeles, CA 90014 213-550-4887 x746 213-595-1311 cell 1848 PALMCROFT DRIVE, NE 1 PHOENIX, AZ 85007 1 281.468.4230 1 WWW.LESLIE-HOSPITALITY.COM Page 77 of 176 LESLIE HOSPITALITY CONSULTING Bart Olds Karlin REAL ESTATE 11755 Wilshire Boulevard, Suite 1400 Los Angeles, CA 90025 T: 310.806.9722 / F: 310.806.9799 / M: 310.429.7585 Email: bart@karlinre.com www.karlinre.com Corporate Counsel - Leslie Hospitality Matthew R. Berens Berens Blonstein PLC 7033 E. Greenway Parkway, Suite 210 Scottsdale, Arizona 85254 Telephone: (480) 624-2777 Fax (480) 607-2215 Email: mberens@bkl-az.com 1848 PALMCROFT DRIVE, NE 1 PHOENIX, AZ 85007 1 281.468.4230 1 WWW.LESLIE-HOSPITALITY.COM Page 78 of 176 CALtt'tVNATLR -1 Al'I1 tl-- August 15, 2017 Michelle Weidner, CPA Chief Financial Officer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: Leslie Hospitality Ms. Weidner, On behalf of Edwin Leslie and Leslie Hospitality, I am reaching out to you today to discuss Mr. Leslie's relationship to specific properties and working relationship with our firm. As a lender, Calmwater Capital engages in financing hotel and other real estate projects throughout the US. We continue to engage Mr. Leslie and his firm to asset manage those loans which are hotel related- including the following properties: • The Stanley Hotel — Estes Park Colorado • Crowne Plaza Hotel — Phoenix • Country Inn — El Paso • Case Hotel — Los Angeles • Dream Hotel — Los Angeles • Baypoint Wyndham - Florida • Bahia Cabanaa — Florida Mr. Leslie and his team asset manage the projects reviewing financial performance, underwriting, budget review, Property Improvement plans and other functions as required on behalf of our firm as the lender. With Regards, Larry W. Grantham Jr. Co -Founder 11755 Wilshire Blvd., Ste. 1425 Los Angeles, CA 90025 T 310.806.9770 • www.calmwatercapital.com Page 79 of 176 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of ‘1 , 2017, by and between LK Holdings Waterloo, LLC, a Wyoming limited liability company (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and undertake acquisition and rehabilitation of an existing convention center property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Subject to the terms and conditions of this Agreement, City will convey to Company for the sum of $1.00 the real property described on Exhibit "A" attached hereto ("Property"), located at 200 W. 4th Street and consisting of assessor parcel no. 8913-26-231-002. Company will undertake the Project (defined below) upon the Property. Included with the Property at no additional cost will be all personal property and fixtures (collectively, the "FFE") located therein or thereon that belong to City, and the skywalk that connects the Convention Center (defined below) with the hotel located at 205 W. 4th Street, including structures supporting the skywalk. Company agrees to take the Property, all FFE, and the skywalk and supporting structures in their "as is, where is" condition, subject to all faults. Company further agrees that City has not made and does not hereby make any representation or warranty concerning the Property, FFE, or the skywalk and supporting structures as to their condition, operability, merchantability, fitness for any particular use, or otherwise, and Company hereby disclaims any and all such warranties. Page 80 of 176 2. Improvements by Company. Company shall upgrade and renovate the lobby, meeting rooms and other facilities (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $6,000,000. A list of intended Improvements is attached hereto as Exhibit "B". The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and ail development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Company shall commence Improvements within six (6) months after the date of this Agreement or after taking ownership of the Property, whichever occurs last, and shall substantially complete the Project within eighteen (18) months thereafter. 3. City Commitments in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 10 below. B. Economic development grants. City will make an economic development grant to Company in the amount of $700,000, payable within sixty (60) days after plans for exterior improvements have been approved by the downtown design/build management team (DBMT) and Waterloo Building Official. City will make a further economic development grant to Company in the amount of $350,000, payable within sixty (60) days after completion of final permit inspections relating to interior improvements. C. Parking. The parties agree to enter into a separate agreement for use of up to 200 non -reserved spaces in the connected parking ramps by patrons of the Waterloo Convention Center (the "Convention Center") and the associated hotel (the "Hotel"). Because both facilities will be under management by Company, no particular number of spaces is allocated herein between the facilities. Company may choose to validate parking for authorized patrons, at rates to be determined by City policy. D. Dedicated Support. City agrees that for a period of ten (10) years after it deeds the Property to Company, City will not promote, provide incentives for, or otherwise assist in the development of any convention center or events center in Black Hawk County, Iowa that contains more than 10,000 square feet of rentable space, nor will City assist or encourage any other person or entity to do so. 4. Conveyance; Title. Conveyance shall be by special warranty deed (the "Deed"), free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined 2 Page 81 of 176 below), which may take the form of a lending commitment letter. The parties will schedule a closing to occur as promptly as possible following completion of the hearings, procedures and approvals that City is required to complete pursuant to Section 18. No less than 30 days before closing, City shall provide to Company any abstracts of title for the Property in its possession, updated to a date within 60 days before closing. Company may, at its own expense, obtain whatever additional form of title evidence it desires. City shall make every reasonable effort to promptly perfect title. If closing is delayed due to City's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Company when the Purchase Price is paid in full. 5. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Company must obtain a building permit and begin renovations within six (6) months after the date this Agreement is approved by City (the "Project Start Date") and substantially complete renovations within eighteen (18) months of the Project Start Date (the "Project Completion Date"). If Company has not, in good faith, begun work on the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if work has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for work on the Improvements, and if an extension is granted but the work has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If work has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that the Improvement work is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if work is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 6. Dedicated Property Use; Possibility of Reverter. The parties acknowledge that the Property is used principally as a convention center and events facility (the "Dedicated Uses"). Company agrees that the Property will continue to be used principally for such purposes until City gives its written consent to an alternate principal use. If Company permits the Property to be used principally for any purpose other than the Dedicated Uses, then title to the Property shall revert to the City. The 3 Page 82 of 176 parties agree that the Deed shall include a statement of the Dedicated Uses and the possibility of reverter. 7. Reverter of Title; Indemnity, In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and dear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this section shall survive the expiration, termination or cancellation of this Agreement for any reason. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "C", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $5,000,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 4 Page 83 of 176 Company agrees to sign the agreement attached as Exhibit "C" at closing. 10. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 9, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 34% rebate for each of Years One through Fifteen, inclusive, for any taxable value over the January 1, 2018 value of $2,500,000, subject to adjustment as provided in this section based on evaluation by the performance review board provided for in Section 14. If the board's scoring system at any time yields an aggregate score of less than three (3), Company's eligibility for a full rebate shall be placed on probationary status and the rebate payable in the succeeding year will be adjusted down to a 25% rebate if the aggregate score in the succeeding year is not at least six (6). Each year will be separately evaluated using the foregoing methodology. The board will notify Company of all scoring decisions, which shall be subject to the dispute resolution procedures set forth in Section 24. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, otherwise Company will forfeit its right to a rebate for that year in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 11. Job Creation. Company agrees that it will, hire no fewer than 100 employees to provide an adequate staffing level for operation of the Hotel and Convention Center to a standard of quality established by an oversight board more fully described in Section 14 hereof. Company shall be free to assign or allocate its personnel between the facilities as it deems best for optimal operation of the two facilities, consistent with the quality standards referenced above. During each year that a tax rebate is payable hereunder, Company shall, within thirty (30) days after the close of City's fiscal year, provide a written report to City showing the number of full-time (30 or more hours per week) and part-time employees that Company has on its payroll as of the last calendar day of each month during the reporting period. 5 Page 84 of 176 12. Insurance. Until City has, following completion of the Improvements, released its rights for reverter of title as provided in Section 5, Company agrees to keep in force one or more policies of insurance covering the Property and FFE against Toss or damage, in an amount not less than the Minimum Actual Value. Such policy or policies shall name City as an additional insured and provide for at least a 30 -day notice of cancellation to City. Company shall provide proof of insurance to City at each policy renewal. 13. Improvement Plan and Escrow. The parties acknowledge that the Convention Center is a 40 -year-old facility that is likely to require significant periodic maintenance, renovation, and upgrade. Accordingly, Company agrees to maintain a segregated escrow account into which Company will deposit, during each calendar year or within thirty (30) days after the close of each calendar year, an amount equal to four percent (4%) of the Convention Center's operating revenues for such calendar year, but not Tess than $100,000. Company's first contribution to the account shall be after the second year that it operates the Convention Center. For purposes of this section, "operating revenues" means the total amount received from third parties by Company or any other person or entity operating the Convention Center on behalf of Company, directly or indirectly arising out of or connected with the Convention Center, including but not limited to transactions for cash, credit and credit card sales, less applicable sales taxes. Company may utilize funds from the escrow account to defray the cost of capital upgrades and improvements to the Convention Center, other than the initial Improvements described in Section 2. By having such a fund, the parties express no expectation that it will be the sole source of funds for such upgrades or improvement costs. Company shall develop and periodically update (not less than annually) a facility improvement plan to address foreseeable needs for Convention Center maintenance or upgrades, desired improvements, and contingencies. The plan shall be provided to the performance review board described in Section 14 after each update, and Company shall consider input from said board. 14. Review Board. The parties agree to formation of a performance review board for the Convention Center (the "Board"). The Board shall consist of at least seven members, including two City staff members appointed by the mayor, the Executive Director or other designee of the Waterloo Convention & Visitors Bureau, the Executive Director or other designee of Main Street Waterloo, one representative of Waterloo Development Corporation, one representative of Company, and one representative from a company in the community that is designated by the mayor because of the company's high utilization of the Convention Center. Each organization that contributes a Board member may replace its appointed member at any time in its discretion. The Board will meet at least semi-annually to evaluate the use, operation and condition of the Convention Center and to assess the extent to which the Convention Center has been utilized to positively impact the local economy, to enhance the business climate of Waterloo, and to enhance the quality of life for Waterloo residents and area visitors by providing a high-quality venue and user experience for meetings, conventions, banquets, and other community gatherings and events. Evaluation criteria shall include user attendance, the service satisfaction metrics 6 Page 85 of 176 described in Exhibit "D" attached hereto, and the requirements of Section 15. At least annually, the Board will rate the evaluation criteria as set forth in Exhibit "D" and the requirements of Section 15 to encourage continuous improvement and to provide an incentive to Company for payment of full rebates as provided in Section 10. 15. General Operating Standard. Company, its successors, assigns and transferees, shall at all times operate and maintain the Convention Center to a standard that is substantially equivalent to that of a four-star hotel. Such standard shall be determined with reference to applicable provisions of the Lodging Approval Requirements & Diamond Rating Guidelines issued by the American Automobile Association ("AAA"), or similar standards or system of AAA in effect at any given time. 16. Facility Name. In confirmation of public commitments previously made, City agrees to name the city block on which the Convention Center is located "Five Sullivan Brothers Plaza", and Company agrees that the Convention Center shall be named "Waterloo Convention Center at Five Sullivan Brothers Plaza." Company will ensure that all print, video, broadcast and social media refer to the Convention Center by said name. Company, its successors, assigns and transferees, shall not rename the Convention Center or adopt any other form or style of designation without the prior written consent of City. 17. Restrictions on Transfer; Purchase Rights. Company may not sell, convey, give, or otherwise transfer title to the Property to any third party without the prior written consent of City, except to a successor by merger or consolidation, which consent shall not be unreasonably withheld if such third party has demonstrated experience of no less than ten (10) years in profitably operating one or more facilities of similar size and agrees to assume all obligations of Company hereunder. If Company is in receipt of a bona -fide purchase offer from a party that is unrelated to Company by common ownership or control, and if the terms of the offer are acceptable to Company, then Company shall promptly deliver a full and true copy of same to City. For a period of sixty (60) days after receipt of the offer, City shall have a right of first refusal to purchase the Property for the same price as stated in the offer, which City may exercise by delivery of written notice to Company. At closing, City shall be given credit against the purchase price as set forth below: (i) If the City exercises its purchase right on or before December 31, 2023, the credit will equal the sum of (a) the assessed value of the Property at the time of conveyance to Company pursuant to Section 4 above, namely, $2,500,000, and (b) the economic development grant paid to Company pursuant to Section 3.B above. (ii) If City exercises its purchase right from January 1, 2024 until and including December 31, 2028, the credit will be the assessed value of the Property at the time of conveyance to Company pursuant to Section 4 above. 7 Page 86 of 176 (iii) If City exercises its purchase right after December 31, 2028, the credit will be $250,000. In any event where City exercises a right of purchase, the closing shall occur within an additional forty-five (45) days after delivery of written notice of exercise, and Company shall provide to City an updated abstract of title for the Property and convey title at dosing by general warranty deed. 18. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo andlor other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. 19. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. 20. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 21. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 8 Page 87 of 176 C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. Company may operate the Convention Center through a separate company affiliated with Company by common ownership and/or control, but Company will be responsible to ensure that Company or its operating affiliate perform all of the terms of this Agreement that are Company's duty to perform. 22. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City shall provide written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 23. Cross -Default. City and Company are parties to a certain development agreement with respect to the Hotel (the "Hotel DA"). The parties agree that a default by Company under the Hotel DA shall constitute and be treated as a default under this Agreement. In the event of a default under either this Agreement or the Hotel DA, City shall be entitled to exercise any or all remedies available to it under either agreement or under applicable law. 24. Dispute Resolution. If Company disputes any scoring decision of the review board, then within fourteen (14) days it may notify the board in writing, and for a period of fourteen (14) days after such notification Company and the board shall confer about the score and whether it will be revised. If Company is not satisfied with the board's final decision, which the board shall provide to Company in writing, then within fourteen (14) days thereafter Company may serve on the board a written notice to submit the matter to arbitration. Except as provided in this section, the arbitration shall be conducted in accordance with the provisions of Iowa Code Chapter 679A. The parties shall select an arbitrator by mutual agreement, and if they fail to do so then Chapter 679A shall govern the selection of an arbitrator. Arbitration shall be conducted, if possible, by mail and telephone conference call, and if personal appearances are required, then in Waterloo, Iowa. The decision of the arbitrator shall determine all issues in dispute between the parties with respect to the contested scoring decision. The decision of the arbitrator shall be final and binding and shall not be subject to appeal on a question of fact, law, or mixed fact and law. Each party shall bear all costs and expenses, including but not limited to attorneys' fees, that it incurs in the handling of any dispute pursuant to this section. Except where clearly prevented by the area in 9 Page 88 of 176 dispute, both parties agree to continue performing their respective obligations under this Agreement while the dispute is being resolved. 25. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1402 S. 13th Street, Omaha, NE 68108, Attn: Edwin W. Leslie. With a copy to: Matthew R. Berens, Berens Blonstein PLC, 7033 East Greenway Parkway, Suite 210, Scottsdale, AZ 85254. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 26. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 27. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 28, Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10 Page 89 of 176 29. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 32. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "D", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 33. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: ee-eue Quentin M. Hart, Mayor Attest: 11 LK HOL Pl® ATERLOO, LLC n W. Leslie Managing Member of Leslie Hospitality Consulting, LLC, its Managing Member Page 90 of 176 PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant t. foregoing Agreement, including but not limited to the duties of indemnity set forth n. W. eslie 12 Page 91 of 176 EXHIBIT "A" Legal Description of Property Block 7, Original Plat on the West Side of the Cedar River, City of Waterloo, Iowa, and Lots 1 through 6 of Elwell's Subdivision, city of Waterloo, Iowa, including all alleys but excepting street right of way. Page 92 of 176 EXHIBIT "B" Description of Improvements See attached. Page 93 of 176 Waterloo Convention Center Leslie Hospitality Development Agreement Exhibit B Improvements Page 94 of 176 1 Area Task Category Elevators Install required life safety signage outside elevator entrance (do not use in case of fire - use stairs) 90 days Elevators Clean light diffusers. Immediate Exterior Power wash exterior including walls, windows, walkways and drive surfaces to remove all dust accumulation, bird/insect debris and/or stains 90 days Exterior Following pressure washings, point/tuck grout as needed and seal brick to eliminate any further fluorescence. Immediate Exterior Clean and replant all plant beds Immediate Exterior Repair any damaged, cracked or lifting curbs or walkways. Immediate Exterior Replace signage Immediate Exterior Paint and seal exterior with new colors 90 days Exterior Close in Soffit of building with EFIS or similar product 90 days Exterior Repair/replace any damaged or cloudy windows. 90 days Exterior Provide designated guest smoking area away from front entrance. Immediate Exterior Replace exterior lighting to enhance curb appeal of building Immediate Exterior Replace Main entry doors with automated self opening door systems 90 days Exterior Upgrade egress doors to open In accordance with current code requirements 90 days Exhibit Hall Sand blast and clean ceiling and beams removing all paint 90 days Exhibit Hall Seal and coat ceiling to include sound barrier 90 days Exhibit Hall Paint and finish ceiling 90 days Exhibit Hall Replace wall sound boards with new 90 days Exhibit Hall Paint walls 90 days Exhibit Hall Replace signage 90 days Exhibit Hall Grind, clean, and resurface floor with new color and finish to new 90 days Exhibit Hall Paint and repair entry and exit doors 90 days Public Restrooms Combine Men's Room and Womens Room on 1st floors and 2nd floors to enlarge and enhance space into larger restrooms 180 days Public Restrooms Replace flooring 180 days Public Restrooms Replace and repair fixtures 180 days Public Restrooms Replace vanities 180 days Public Restrooms Replace wall vinyl and lighting 180 days Public Restrooms Repair and paint walls and doors 180 days Public Restrooms Enhance and add lighting 180 days Lobby / Public Areas Remove and replace brick flooring with wood / marble / granite 120 Days Lobby / Public Areas Repair walls and replace wall vinyl 120 Days Lobby/ Public Areas Replace and update ceiling lighting 120 Days Lobby/ Public Areas Replace all ceiling tiles and ceiling grid 120 Days Lobby/Public Areas Replace artwork 120 Days Lobby / Public Areas Repair and replace all carpeted areas of coat check 120 Days Lobby / Public Areas Replace center meeting room / elevated space with new office space for sales development team 120 Days Lobby / Public Areas Replace and enhance entire AV and Wireless Internet systems Immediate Lobby/ Public Areas Upgrade egress doors to open in accordance with current code requirements 90 days Lobby / Public Areas Replace sheetrock ceiling in south east entry 90 days Meeting Rooms Repair damaged walls and ceilings 180 days Meeting Rooms Repair and replace ceiling tile and grid 180 days Meeting Rooms Replace all interior lighting with modern upgraded fixtures 180 days Meeting Rooms Replace all Interior carpet 180 days Meeting Rooms Replace all signage 180 days Meeting Rooms Repair and paint doors 180 days Meeting Rooms Replace all linens 180 days Page 94 of 176 1 Waterloo Convention Center Leslie Hospitality Development Agreement Exhibit B Improvements Page 95 of 176 2 Area Task Category Meeting Rooms Replace any damaged and worn tables and chairs 180 days Facility -wide Inspect fire sprinkler system and make any required improvements 90 days Facility -wide Mount fire sprinkler head box by sprinkler rise pipe 90 days Facility -wide Inspect fire alarm system and make any required improvements 90 days Facility -wide Inspect kitchen hood fire suppression system and make any required improvements 90 days Facility -wide Replace !amps in sockets where needed 90 days Facility -wide Inspect generator and make any required improvements 90 days Facility -wide Upgrade all egress and exit lighting 90 days Facility -wide Replace light switch and outlet covers as needed 90 days Facility -wide Replace lamps in sockets where needed 90 days Facility -wide Replace electric panel covers where needed 90 days Facility -wide Upgrade wiring where needed 90 days Storage Areas Re -organize and remove storage from prohibited corridor areas 90 days Kitchen/Storage Areas Reorganize storage to ensure 18" gap below fire sprinkler deflectors 90 days Page 95 of 176 2 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT his Minimum Assessment Agreement (the "Agreement") is entered into as of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), LK Holdings aterloo, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $5,000,000 ("Minimum Actual Value") until termination of this Agreement. The parties agree for purposes of this Agreement that construction of the Improvements will be substantially completed on or before December 31, 2019. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2034. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by Page 96 of 176 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: elley Felc' e, City Clerk STATE OF IOWA } ss. COUNTY OF BLACK HAWK } On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeed Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. LK HO By. ATERLOO, LLC Edwin W. Leslie Managing Member of Leslie Hospitality Consulting, LLC, its Managing Member e � • • NANCY HICBY COMMISSION NO.788229 MY COMMISSION EI XPIRES 2 Notary Public Page 97 of 176 STATE OF ) ) ss. COUNTY OF ) Acknowledged before me oh , 2017 by Edwin W. Leslie as Managing Member of Leslie Hospitality Consulting, LLC, Managing Member of LK Holdings Waterloo, LLC. Notary Public 3 Page 98 of 176 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be Tess than Five Million Dollars ($5,000,000). STATE OF IOWA COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 99 of 176 EXHIBIT "D" Criteria to Evaluate Service Satisfaction The annual performance review will be conducted by weighing Company's performance each fiscal year (July 1 to next June 30) against quantitative and qualitative goals mutually established by the Performance Review Board in the categories of (1) service satisfaction, (2) attendance, (3) maintenance and (4) other measures. The definition of each category is as follows: (1) "Service Satisfaction" is the level of satisfaction set annually by the Performance Review Board, rating Company's performance in meeting the overall goals of the Board. The Board will consider f the following sub -categories, giving consideration to the criteria set forth for each sub -category and other relevant and related considerations by using customer satisfaction surveys that encompass the concepts outlined below. The initial survey document is attached. The Company and the Performance Review Board can jointly approve periodic changes to the survey document. Survey responses will be requested from event planners for each event by an independent third party. Cleanliness — Are the building and grounds consistently in a high state of cleanliness? Is cleaning done beyond a surface level? Company shall have a manual that outlines cleaning procedures, schedules and standards applicable to the facility. Company will provide committee with a copy of the manual as well as documentation of cleaning. Event Execution — Do set-up and tear -down happen in a timely fashion? Is the audio-visual equipment prepared appropriately for the event? Are the details and expectations that are set out in the banquet event order matched? The committee will review all customer surveys that Company receives. Customer Service — Have Company and staff performed all duties in a professional productive manner with the aim of ensuring a successful event and experience for the client, ensured that client needs are met and operational policies and procedures followed, and been responsive to requests by customers and prospective customers to view the facility and to address inquiries satisfactorily and in a timely manner? Food and beverage service -- Is food served at the appropriate temperature? Are guests being served the correct food? Does the quantity of food match what was ordered by the customer? Are food and beverage served in a timely fashion? Does the setup of food service adequately provide guests an opportunity to serve themselves (banquet setup)? Are there enough beverages available to guests? Are dirty plates, glasses, silverware cleared at the appropriate time? Page 100 of 176 (2) "Attendance" is the total number of persons attending events at the Facility in a fiscal year, determined by recording the attendance at each usage and adding up the total attendance for all usages for the year. For attendance figures to be counted in this calculation, an event must be a contracted event, for which a contract has been completed. Casual attendance resulting from such day-to-day activities such as facility tours shall not be counted as attendance. Attendance will be compared to targets previously set annually by the Board and scored accordingly on the scale described below. The initial attendance targets would be scored as follows: Annual attendance Less than 30,000 0 30,000 or more and less than 40,000 1 40,000 or more and less than 50,000 2 50,000 or more and less than 65,000 3 65,000 or more 4 (3) "Maintenance" — Are all facility features, systems and mechanicals in good working order and, if appropriate, of a presentable appearance? This standard will be measured using the American Automobile Association inspection guidelines. (4) "Other measures" encompasses the following evaluative issues: Reports and communications — Has Company made regular reports (monthly, unless otherwise noted) to the Board with attendance figures, property and equipment maintenance, facility cleaning and post -event customer surveys? Sales and marketing -- Has Company worked with the Convention & Visitors Bureau to ensure that the facility event calendar is kept up-to-date, and met regularly with Convention & Visitors Bureau sales team? Compliance (Legal and Audit) — Has Company maintained all appropriate permits and insurance and ensured that staff has appropriate training? Have Company and its staff complied with all applicable local, state and federal laws? Under this plan, the customer satisfaction surveys would be tabulated using the scale indicated below. Attendance would be tabulated using the scale indicated under item 2 above. For the "other measures" category, each Board member would complete a score card at the end of each fiscal year for which a property tax rebate may be payable. For each evaluation category, one of the following scores would be assigned: 0 — Fails to meet expectations 1 — Sometimes meets expectations 2 — Consistently meets expectations 3 — Meets and sometimes exceeds expectations 4 — Consistently exceeds expectations 2 Page 101 of 176 Each sub -category under "service satisfaction" will be separately scored, and then the scores will be totaled, averaged and rounded to the nearest tenth of a point to determine a score for the service satisfaction category as a whole, using the customer satisfaction surveys. The overall score on all evaluation criteria shall be the sum of (a) the service satisfaction category score times 70%; (b) the attendance category score times 20%; (c) the maintenance category score times 10%; and (d) the other measures category score times 5%. Aggregate scores for the two major categories falling below three (3) for more than one consecutive year would lead to Company being placed on probation for the next year for tax rebate purposes. Company will be required to provide plans for specific corrective measures. Failure to bring scores to three (3) or above by the end of the probationary period may result in downward adjustment of the tax rebate as provided in the Development Agreement. The scoring system and expectations for scores will be reviewed annually by the Performance Review Board and modified as deemed appropriate by a majority of all members of the Board. 3 Page 102 of 176 n� W 0110 THE WATERLOO CONVENTION CENTER O- AT SULLIVAN BROTHERS PLAZA - 0 The Waterloo Convention Center requests your help. Please complete the following Customer Satisfaction Survey y - based on the event you recently held with us. Thank you for your time. Customer Name: Event Name: Our Sales Manager was: �0 [Customer Name] [Project Name] [Project Number] V J 45Meeting Planner Name: [Project manager] Date of Event: [Date] E O1. Did the Convention Services team deliver the results and quality that were promised? 0 Less than expected 0 As expected ❑ More than expected ❑ Consistently more U la. Were key setup and service deadlines met with a "whatever it takes" attitude? O Less than expected 0 As expected 0 More than expected ❑ Consistently more lb. Was the team consistent in its approach to the event, its overall scope, and schedule? O Less than expected 0 As expected 0 Vlore than expected ❑ Consistently more lc. Did the Sales and Convention Services team guide your staff and meet your expectations? ❑ Less than expected 0 As expected 0 More than expected 0 Consistently more Customer Satisfdctiou Surny ' (Date] 1 Page 103 of 176 2. The Food Quality was ... ❑ Less than desirable ❑ As expected ❑ Better than expected ❑ Consistently better 2a. Was the food service timely? ❑ Less than expected ❑ As expected 2b. Was the presentation? ❑ More than expected ❑ Consistently more ❑ Less than expected ❑ As expected ❑ More than expected ❑ Consistently more 2c. Was the service team professional in dress, communication, etc.? ❑ Less than expected ❑ As expected The overall service for your event ... ❑ More than expected ❑ Consistently more ❑ Less than desirable ❑ As expected ❑ Better than expected ❑ Consistently better 3. Comments / Testimonial - [Add your comments here.] ❑ Please check this box to grant us permissions to use your company logo and testimonial on our website or in our future marketing efforts. ❑ Please check this box if you are willing to act as a reference for our company in the future.3a. Would you recommend the Waterloo Convention Center for a return visit for your group or for others? ❑ Yes ❑ No Thank you very much for taking the time to complete this survey. Your feedback is valued and very much apprecia ted! Customer Safisfirdiau Survey • [Date] 2 Page 104 of 176 CITY OF WATERLOO Council Communication FY 2018 Sidewalk Inspection and Repair Program — Zone 7. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 8/23/2017 - 11:14 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 11:28 AM ATTACHMENTS: Description Type D Comments Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 105 of 176 c2 7r_ d-� /. CITY OF WATERLOO Council Communication FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931. City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/22/2017 - 5:59 PM Clerk Office Even, LeAnn Approved 8/23/2017 - 10:12 AM ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of contract to B & B Builders & Supply of Waterloo, IA in the amount of $335,162.99, and approving the contract, bonds and certificate of insurance for the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Property Owner Assessments Page 107 of 176 FY18 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 7 CONTRACT NO. 931 Bid Tab: August 24, 2017 Estimate: $330,286.36 Bid Security Required Bidder Bid Security Bid Amount B&B Builders & Supply Waterloo, IA o 5 /o $355,162.99 Page 108 of 176 CITY OF WATERLOO Council Communication Resolution rejecting the bid from Vieth Construction Corporation of Cedar Falls, Iowa, in the amount of $189,214.30, in conjunction with FY 2018 ADA Bus Stops - Phase I, Conti City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/22/. Clerk Office Even, LeAnn Approved 8/23/ SUBJECT: Resolution rejecting the bid from Vieth Construction Corporation of Cedar Falls Iowa in the amount of $189. Stops - Phase I, Contract No. 937. Submitted by: Submitted By: Wayne Castle PLS PE Associate Engineer Recommended Action: Reject bid and return bid bond to contractor. Suunmary Bid amount is much higher than engineer's estivate and not enough funding is available. Statement: Source of Funds: GO Bonds Background Information: Page 109 of 176 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment for a net increase of $62,728.91 for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 8/23/2017 - 10:00 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 10:17 AM ATTACHMENTS: Description Type D Final Quantity Summary _916 Cover Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Motion approving final quantity adjustment for a net increase of $62,728.91 for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. GO Bonds Page 110 of 176 9L1. 40 LLL abed CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2017 REPAIRS TO 6TH STREET, 18TH STREET & ANSBOROUGH AVENUE BRIDGES CONTRACT NO. 916 Date Prepared: August17,2017 AMOUNT: $62,728.91 INCREASE TO: Jasper Construction Services, Inc. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated September 7, 2016. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. See attached summary. Note: $59,135.59 of this increase is due to repairs on the Park Avenue Bridge, which was not part of the original contract. The remaining $3,593.32 increase is associated with changes to the original project. TOTAL INCREASE BY: Jasper Construction Services, Inc. $62,728.91 Mayor Date CONTRACTOR BY: ATTEST: City Clerk Final Quantity Adjustment Date TITLE: Pr (2-S .47` Date APPROVED: City Engineer Date Cont. #916 Sheet 1 of 2 9L1.40Z1.1. F.Y. 2016 REPAIRS TO 6Th STREET.18TRSTREET, AND ANSBOROUGH AVENUE BRIDGES CONTRACT NO. 916 FINAL PERIOD; Due 30 Days from date of acceptance of work Bid Item Bid Item Description Units Original B81 Quantity Final Quantity Quantity Difference Jasper Unit Price Jasper Unit Price Extended Increase / Decrease 1 Structural Concrete(Ml3ceilaneous) CY 6.6 6.60 0 $ 1,750.00 $ 11,550.00 $ - 2 Reinforcing Street, Epoxy Coated LB 700 700,00 0 $ 2.50 $ 1,750.00 $ - 3 Neoprene Gland Installation and Testing IF 584 584.00 0 $ 170.00 $ 99,280.00 $ - 4 Concrete Repair SF 22 22.00 0 $ 150.00 $ 3,300.00 $ - 5 Partial Depth Bridge Deck Finish Patch SF 255 255.00 0 5 40.00 5 10,200.00 $ - 6 Safetydosure EACH 32 32.00 0 $ 100.00 $ 3,200,00 $ - 7 Construction Surrey LS 1 1,00 0 $ 2,000.00 $ 1,000.00 $ - 8 Traffic Control 1.3 1 1.00 0 5 14,000.00 $ 14,000.00 $ 9 Mobilization 1-5 1 1.00 0 $ 24,000.00 $ 24,000,00 $ - 10 Furnish and Install Llghtpole Anehorbolt Covers EACH 90 40.00 0 $ 75.00 $ 3,000.09 $ - 11 Remove anti Replace Expansion Joint Curb Plate EACH 6 6.00 0 $ 800.00 $ 4,800.00 $ - 12 Furnish and Install Expansion Joint Caverplate EACH 10 10.00 0 $ 3,200.00 $ 12,000.00 $ - 13 Remove Existing Flavdwe0 Channel 1.F 31,3 31.30 0 5 B0,00 $ 2,504,00 $ - 19 Furnish and Install Floodwall Channel IF 31.3 31,30 0 $ 320.00 $ 10,01640 5 - 15 Remora Existing Utility Bax Frame 1.F 19 19.00 0 5 90.00 $ 1,710.00 $ - 16 Furnish and Install Utility Box Frame and Covers LF 19 19.00 0 $ 900.00 $ 17.100.00 5 - 17 Furnish and Install Deflector Plate 15 1 1.00 0 $ 4,500.00 $ 4,500.00 $ - ORIGINAL CONTRACT ITEMS TOTAL $ 223,910,00 1 - 1-1 Furnish and Install Expansion Joint Curb Plate EACH- 1.00 1.00 $ 800.00 $ 800.00 $ 800.00 2-1 Partial Depth Bridge Deck Finish Patch - 6th Street SF - 102.43 102.43 $ 40.00 $ 4,097.20 $ 4,097.20 3-1 6th Street Traffic Control L5 - 1.00 1.00 $ (925.00) $ (925.00) $ 4925.00) 4-1 6th Street Safety Closures EACH - 6.00 6.00 $ (100,00) S (600.00) $ (600.00) 5.1 Park Ave Bridge Roadway Plates L5 - 1,00 1,00 $ 4,979.84 $ 4,979,84 $ 4,979.84 6-1 Park Ave Bridge ExpanslonJoint Repairs LS- 1.00 1.00 $ 54,155,75 $ 54.155,75 5 54.155,75 7-1 Ansborough Ave Expansion JoInt Adjustment + 5th Street Sidewalk Cover Plates _ LS- 1.00 1.00 5 221.12 $ 221.12 $ 221.12 CHANGE ORDER ITEMS TOTAL $ 62,725.91 $ 62,728.91 PARK AVE CHANGE ORDER ITEMS TOTAL 5 59,135.59 $ 59,135.59 $ 286,638.91 TOTAL PAY ESTIMATE 01 3 37,314.00 PAY ESTIMATE 02 $ 27,441.98 PAY ESTIMATE 93 3 4,461.86 PAY ESTIMATE 44 $ 129,798.00 PAY ESTIMATE N5 4 49,740.17 PAY ESTIMATE 86 3 189.01 RETAINAGE $ 28.663,69 TOTAL PAYMENTS $ 289,638,91 CHANGE ORDER 01 .$ 800.00 CHANGE ORDER 02 $ 4.097,20 CHANGE ORDER 03 5 (925.00) CHANGE ORDER 84 $ (600.00) CHANGE ORDER 85 Temporaryaleel plates an Park Avenue 5 4,979.84 CHANGE ORDER 116 Expanston Joint Repairs on Park Avenue $ 64,155 76 CHANGE ORDER 97 $ 221.12 CHANGE ORDER TOTAL $ 62,728.91 ORIGINAL CONTRACTAMOUNT $ 223,810.00 FINAL QUANTITY SUMMARY $ 62,728.91 FINAL CONTRACT AMOUNT $ 288,838.91 FINAL Q1Y. ADJ. Cont. 9916 Sheet 2 of 2 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Jasper Construction Services, Inc. of Newton, IA, at a total cost of $286,638.91 for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and receive and file two (2) year maintenance bond. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 8/23/2017 - 9:41 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 10:42 AM SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Jasper Construction Services, Inc. of Newton, IA, at a total cost of $286,638.91 for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and receive and file two (2) year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer Jasper Construction Services, Inc. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. GO Bonds Page 113 of 176 CITY OF WATERLOO Council Communication Resolution approving award of contract to Tschiggfrie Excavating, of Dubuque, Iowa in the amount of $108,507.60, and approving the contract, bonds, and certificate of insurance for the FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Engineering Engineering Engineering Clerk Office SUBJECT: Submitted by: Expenditure Required: Source of Funds: Background Information: Reviewer Gentz, Dennis Ross, Tracia Gentz, Dennis Even, LeAnn Action Rej ected Approved Approved Approved D ate 8/23/2017 - 10:03 AM 8/23/2017 - 10:06 AM 8/23/2017 - 10:08 AM 8/23/2017 - 10:31 AM Resolution approving award of contract to Tschiggfrie Excavating, of Dubuque, Iowa in the amount of $108,507.60, and approving the contract, bonds, and certificate of insurance for the FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer $108,507.60 Martin Rd TIF This item supports the City's Strategic Plan Strategy 1.3 by providing sanitary sewer service to a development lot. Page 114 of 176 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids, Iowa, in the maximum amount payable of $81,965 for services related to the FY 2018 Ansborough Avenue Improvements, Contract No. 942, and authorize Mayor to execute said document. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 8/23/2017 - 11:19 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 11:26 AM ATTACHMENTS: Description Type ❑ Cont 942_Prof Services Agreement_Ament Cover Memo SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids, Iowa, in the maximum amount payable of $81,965 for services related to the FY 2018 Ansborough Avenue Improvements, Contract No. 942, and authorize Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer Professional Services Agreement with Ament, Inc. for engineering services for improvements needed to Ansborough Avenue, between Highway 20 interchange and San Marnan Drive to accommodate projected traffic increase generated by Kwik Star development. This project will include the design of traffic signals at Fitzway Drive/Fischer Drive intersection and the modification of the existing signals at San Marnan Drive, and the widening of Ansborough Avenue for a fourth lane to accommodate future increase in turning movements. This is an hourly fee agreement with an amount not to exceed $81,965. Source of Funds: TIF Page 115 of 176 ANSBOROUGH AVENUE FROM U.S. 20 TO SAN MARNAN DRIVE IMPROVEMENTS CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between Ament Design, 625 32nd Avenue SW, Cedar Rapids, Iowa, hereinafter referred to as "AMENT" and City of Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES AMENT shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. AMENT'S RESPONSIBILITIES AMENT shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of AMENT and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon AMENT as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. Schedule shall be as defined in Attachment B. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of AMENT's failure to meet these standards, AMENT shall reperform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since AMENT has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, AMENT does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. AMENT makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) AMENT shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which AMENT procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. AMENT's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) AMENT will be providing estimates of costs to the CLIENT covering an extended period of time. AMENT does not have control over any such costs, including, but not Page 116 of 176 limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by AMENT are estimates only, made on the basis of AMENT's experience and represent AMENT's reasonable judgment as a qualified professional. AMENT does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by AMENT, and the CLIENT waives any and all claims that it may have against AMENT as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to AMENT all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. AMENT shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION AMENT agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of AMENT during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, AMENT shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over AMENT's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. AMENT agrees to name CLIENT as Additional Insured on this policy, but only to the extent of AMENT's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering AMENT against all sums which AMENT may become legally Page 117of176 obligated to pay on account of any professional liability arising out of the performance of this Agreement. AMENT agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. AMENT shall provide prompt notice to the CLIENT in the event of cancellation, material change, or nonrenewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of eighty-one thousand nine hundred sixty-five Dollars and no cents ($81,965.00). The fee is broken down in Attachment B. The fee is based upon our fully encumbered standard hourly rates (payment for project expenses such as mileage and copies is included in the standard hourly rate). AMENT may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay AMENT the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give AMENT written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to AMENT the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to AMENT. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, AMENT will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which AMENT prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when AMENT has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to AMENT and CLIENT agrees to release, defend and hold AMENT harmless from and against all claims or suits asserted against AMENT in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by AMENT. Nothing contained in this paragraph shall be construed as limiting or depriving AMENT of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. Page 118 of 176 (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and AMENT makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) AMENT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall AMENT be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall AMENT be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that AMENT may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of AMENT the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing AMENT as an additional named insured. X. INDEPENDENT CONTRACTOR AMENT shall be an independent contractor with respect to the Services to be performed hereunder. Neither AMENT nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Preexisting contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by AMENT. CLIENT agrees to release, defend, indemnify and hold AMENT harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from AMENT's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. AMENT shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, Page 119 of 176 transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that AMENT executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, AMENT shall be and be deemed to have acted as CLIENT's agent. For AMENT's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide AMENT with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that AMENT's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by AMENT. It is intended by the parties to this Agreement that AMENT's services in connection with the project anticipated herein shall not subject AMENT's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then AMENT and the CLIENT agree to submit the dispute to mediation. In the event AMENT or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by AMENT and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and AMENT may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) AMENT may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve AMENT of any of its obligations under this Agreement. Page 120 of 176 (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and AMENT and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT By. Printed Name. Title Date. APPROVED FOR AMENT DESIGN By: Printed Name: Michael G. Dryden, P.E. Title: Secretary/Treasurer Date: Page 121 of 176 ATTACHMENT A Scope of Services Project Understanding The Ansborough Avenue Transportation Improvements Project corridor extends from the U.S. 20 overpass north to San Marnan Drive. The Project is approximately 1,300 feet in length (approximately 1,000 feet from the U.S. 20 westbound on/off ramps to San Marnan Drive.) Another four -legged intersection is located within the Project corridor along Ansborough Avenue, approximately 560 feet south of San Marnan Drive. It is comprised of Fitzway Drive, the west leg, and Fisher Drive, the east leg. Ansborough Avenue is classified as a Minor Arterial — its Federal functional classification. The roadway has an urban section with curb and gutter and a storm sewer system. The roadway is a three -lane roadway for much of the Project corridor — providing one (1) through travel lane in each direction — for both northbound and southbound traffic — and a two-way left -turn lane in the center. However, at the north and south ends of the Project corridor, an exclusive right -turn lane is provided for northbound traffic at the San Marnan Drive intersection and for southbound traffic at the U.S. 20 westbound on/off ramp intersection. The posted speed limit is currently 35 miles per hour. The Ansborough Avenue Project corridor is zoned commercial. VGM is located on the west side of Ansborough Avenue and has approximately 800 employees. On the east side of Ansborough Avenue, there is a commercial/ office development with various land uses. A new Kwik -Star convenience store/car wash will be ready to open soon at the intersection of Ansborough Avenue and Fisher Drive. There are approximately forty (40) acres of undeveloped land located between Ansborough Avenue and Kimball Avenue to the east. A large area located west of VGM — on the west side of Ansborough Avenue — is also undeveloped. The Ansborough Avenue Project will include a traffic study to determine the roadway improvements that will be needed to accommodate the projected traffic to be generated by the Kwik -Star development and the future development of the undeveloped parcels mentioned above. The traffic study will include traffic counts (of the U.S. 20 westbound on/off ramps, the Ansborough Avenue/Fitzway Drive/Fisher Drive intersection, and the Ansborough Avenue/San Marnan Drive intersection), and review of the projected 2045 traffic volumes. The Project will include the design of traffic signals at the Ansborough Avenue/Fitzway Drive/Fisher Drive intersection and the modification of the existing traffic signal at Ansborough Avenue and San Marnan Drive (if required). The Project could include design of traffic signals at the U.S. 20 westbound on/off ramps, if they are warranted, but, at this time, they are not included in this scope of services. The Project will also include the design for the addition of a fourth lane, possibly just an exclusive right -turn lane for both northbound and southbound traffic, at the Ansborough Avenue/Fitzway Drive/Fisher Drive intersection. Construction phase services — including the administration of the construction contract, construction surveys, materials testing, and the provision of a Resident Project Representative (RPR) to observe the construction — are included in the Project scope of services. Major Project Tasks • Project Management • Research and Data Collection including: o Traffic Counts o Traffic Study • Control, Boundary, Utility, Drainage, Topographic, and Pick-up Surveys • Engineering Design; Plans, Specifications, and Construction Cost Opinion Development; and Special Provisions, if Needed • Permit Applications • Contractor Procurement Activities • Construction Phase Services (Construction Contract Administration, Construction Surveys, Materials Testing, and Construction Observation) Page 1 of 13 Page 122 of 176 Scope of Services The scope of services to be performed by Ament Design shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. The Project involves: Project management; utility coordination; research and data collection including design surveys; traffic studies and analyses; conceptual, preliminary, check, and final design; preparation of contract documents (plans, specifications, cost opinions); assistance with permits; assistance with contractor procurement; and construction -related services including construction staking; on-site field reviews; construction observation and documentation; materials testing; record drawings, and construction administration. The following provides a description of the tasks to be performed and identification of the proposed work. I. Project Management A. Project Team Kick -Off Meeting — This meeting shall include members of the Project Team (Ament Design, some, but not all, of Ament Design's Consultants, and City of Waterloo). The goal of the meeting is to define and clarify the City of Waterloo's requirements for the Project, to obtain available data, to develop a detailed Project plan regarding data delivery and format, and to discuss and clarify key Project issues. B. Project Administration — This task involves tracking the Project design schedule throughout the length of the design services phase, monitoring the Project Scope of Work and reviewing the Quality Control Plan. • Monitoring Schedule: If the Project is not on schedule, Ament Design will present an approach for bringing the Project back on schedule. • Monitor Project Scope: This will be done to identify needed services that are not included in the scope of the design services contract. Ament Design will make the City of Waterloo representative aware of potential change orders to the design contract before the additional services are performed. • Subconsultant Management — This task involves the preparation of subcontracts and work orders for Ament Design's subconsultants. This task also includes monitoring Ament Design's subconsultant activities, reviewing Ament Design's subconsultant invoices, and submitting to the City of Waterloo for payment. This task also includes reviewing Ament Design's subconsultant work for technical accuracy and conformance with Project requirements. The subconsultant that is anticipated is: o TEAM Services, Inc. • Quality Control Plan — This task involves establishment of review and checking procedures for Project deliverables. The Ament Design will designate responsibility for implementation of the plan. C. Project Design Review Meetings — This task involves attendance by Ament Design at Project design review meetings with representatives of the City of Waterloo with participation by Ament Design's Consultants on an "as needed" basis. Up to six (6) meetings are anticipated. Ament Design will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. The purpose of these review meetings will be to: 1. present design issues, 2. request that additional information be provided by the City of Waterloo and/or obtain clarification of information that has been provided by the City of Waterloo, 3. identify issues that have developed during Project design, options to address these issues, advantages and disadvantages of these options, and the option that Ament Design recommends, 4. update the Project schedule, discuss Project progress, and notify the City of Waterloo whether or not the Project is on schedule, 5. present an approach for bringing the Project back on schedule if it is behind schedule, and 6. inform the City of Waterloo of needed design services not included in the scope of the design services contract. D. Coordination with Utilities and Other Affected Entities — This task is intended to provide for the necessary coordination with other users of the Project corridor — primarily franchise and public utilities. Ongoing input and related design consideration shall be included in the development of the design plans. This task includes: 1. Attendance at a Joint Utility Coordination Meeting with the City of Waterloo and affected utilities at the beginning of the Project during the Data Collection Phase and after the submittal of each phase of the Project (Preliminary, Check and Final Plan Stages); Page 2 of 13 Page 123 of 176 2. Preliminary, check, and final plan submittals to utility companies for review of design impacts; 3. On-site field reviews, as needed; and 4. Determination of right-of-way and easement requirements to accommodate utility facilities. II. Research and Data Collection A. Research and Data Collection 1. Aerial Photography and Topography — This item includes the collection of digital mapping of aerial photography and topography and available GIS -based data comprising the best available information for the Project area. This information will be obtained from the City of Waterloo. 2. Record Drawing Research — The purpose of this item is to research and collect the record drawings available for the improvements affecting the Project area or those directly affected by the Project design. This shall include both public and private improvement record drawings. This item shall also include the collection of available site plans for properties adjacent to the Project corridor. Proposed driveway entrances and building locations will be reviewed. This task includes obtaining record drawings for the existing traffic signal installation at Ansborough Avenue and San Marnan Drive and the existing signal interconnection system located within the Project corridor. This includes information on traffic signal equipment, layout, wiring, phasing, timing, etc. 3. Encroachment Research — This item includes performing research related to approved easement and right-of-way encroachments of the Project corridor. This information will relate directly to Project schedule and, possibly, Project cost. 4. Utility Research — This item includes research with the franchise utilities (gas, electric, telephone, cable television, fiber optic, etc.), and public utilities (sanitary sewer; storm sewer; and water main) for information within the Project area regarding transmission and distribution lines and service laterals. This includes information related to existing facilities and facilities planned for construction during the design life of the proposed improvements. 5. Traffic Volumes — This item includes the collection of turning movement traffic count data at the intersections of: U.S. 20 Westbound on/off ramp and Ansborough Avenue, Ansborough Avenue and Fitzway Drive/Fisher Drive, and Ansborough Avenue and San Marnan Drive. These counts will be conducted during the AM, mid-day, and PM peak periods of a typical weekday. We will also collect available information related to design year Average Annual Daily Traffic (AADT) projections for the Project roadway segment, including truck traffic percentages by classification. 6. Traffic Study including Traffic Signal Warrant Analyses— This item includes the performance of a study to determine the traffic impacts that the new Kwik -Star convenience store/car wash and the future development of the undeveloped parcels mentioned above in the Project Understanding section will have on the three (3) intersections located along Ansborough Avenue within the Project corridor. The study will include a traffic signal warrant analysis for both the Ansborough Avenue / Fitzway Drive / Fisher Drive intersection and the Ansborough Avenue / U.S. 20 westbound on/off ramp intersection. Both intersections will be evaluated under two (2) scenarios: a) existing traffic volume conditions plus anticipated traffic generated by the new Kwik -Star convenience store/car wash sites, and b) traffic volume conditions under the first scenario plus anticipated traffic generated by future development of the remaining undeveloped commercial land located between U.S. 20 and San Marnan Drive from approximately one (1) mile west to approximately one-half (1/2) mile east of Ansborough Avenue. A crash study of the three (3) Project intersections will also be performed as part of the study. If crash numbers, rates, and/or severity at one (1) or more of the Project intersections are found to be significantly higher than the average for similar locations, then a detailed traffic safety analysis will be performed for those above-average intersections. Mitigation measures will be suggested to address any significant crash patterns that are identified. The traffic study will also include an evaluation of the three (3) Project intersections under the two (2) traffic scenarios described above using a nationally -recognized software program that is based on the latest edition of the Highway Capacity Manual. The evaluation will focus on intersection levels of service (LOS), intersection capacity, and the projected 85% vehicular queue lengths at each intersection. Page 3 of 13 Page 124 of 176 Mitigation measures will be identified when the LOS drops below "C" for the overall intersection or "D" for individual movements. These mitigation measures may include additional turning lanes, adding or upgrading traffic controls, or other methods following customary practices. A report will be prepared that summarizes the data collection, analysis, findings, and recommendations of the traffic study including appropriate tables, figures and technical appendices. 7. Soil Data Collection — This item includes the collection of available information related to soil types for hydrology calculations, restoration, ground water levels and bedrock levels. This information will be collected to determine cost opinions for construction and special construction issues and suitability of soils for the intended purpose such as roadway subgrade. 8. Land Uses — This item includes the collection of existing and proposed land uses within the Project area. This information may be used in projecting future traffic volumes, providing for hydrology calculations, and developing sewer flow projections. 9. Hydrology/Hydraulics — This item is intended to include the collection of information related to the hydrology and hydraulics of the surface water within the Project corridor. This includes information related to existing detention, hydraulics of significant structures, and other pertinent information related to the hydrology and hydraulics of the watershed. 10. Horizontal Control Surveys — This item includes establishing horizontal control referenced to Iowa State Plane Coordinates, North Zone, as determined from the Iowa RTN. 11. Vertical Control Survey — This item includes establishing vertical control referenced to 1988 NGVD through GPS observation (accuracy ± 0.10 feet) on one (1) point, with corridor benchmarks to be run using digital level closed level loop with second -order, Class I NGS accuracy. 12. Reference Ties — This item includes the acquisition and documentation of reference ties for the horizontal control points for use in the recovery of these control points. Each temporary horizontal control point sketch will be recorded in the design plans. These sketches will include the X, Y values, monument description, monument name, and a sketch showing ties to at least three (3) natural or manmade objects. The X, Y, Z values of the vertical control points will be recorded in the design plans also. 13. Property Surveys — This item includes research for existing plats and survey records to determine property ownership adjacent to the rights of way of the Project corridor, field survey for monuments to determine rights of way lines, and calculations to delineate adjacent property lines and existing right of way lines. 14. Utility Surveys - This item includes the use of a standard Iowa One Call Design Locate Request resulting in SUE Level C locations. Should it be determined that SUE Level B or A locations are required, this service can be provided as a contract amendment. 15. Topographic Surveys — This item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already collected by the City of Waterloo or others within the Project corridor in recent years. The information to be collected includes topography and visible permanent improvements and features. It is anticipated that the topographic survey corridor lengths and widths will be as follows: Ansborouqh Avenue • South limit will be the north end of the US 20 Overpass. • North limit will be 150 feet north of north curb line of West San Marnan Drive. Intersections • U.S. 20 ramps — 150 feet east and west of Ansborough Avenue centerline. • Fisher Drive — 300 feet east of Ansborough Avenue centerline. • Tower Park Drive — 100 feet north of Fisher Drive. • Fitzway Drive — 125 feet west of Ansborough Avenue centerline. Page 4 of 13 Page 125 of 176 • West San Marnan Drive — 150 feet east and west of Ansborough Avenue east and west curb line, respectively. Corridor survey limit is to be ten (10) feet beyond existing east and west Ansborough Avenue right-of-way lines. — i.e., ten (10) feet encroachment onto private properties. III. Preliminary Design Plans The Project will be designed utilizing the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2015, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions and/or Iowa Statewide Urban Design and Specifications (SUDAS) standard specification and/or City of Waterloo Standard Specifications. A. Design Services — This task includes the drafting and design tasks necessary to perform the determination of the location and dimensions of the proposed facilities. 1. Preparation of Base Information — This task includes the collection of the information of the research and data collection phase and the reduction of topographic and boundary survey data and geotechnical and environmental information to prepare Project drawings. This task shall also include the preparation of a triangulated irregular network for the use in development of the Project design. The plan drawings will be prepared to a scale of 1" = 40' (for 11" x 17" half-size sheets) using standards for line types and symbols. Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the City of Waterloo as a background. 2. Roadway Typical Cross Section(s) — This task includes the development of a typical cross section(s) for the Project roadway(s) (and on-site detour roads, if necessary) indicating the type, width, and thickness of pavement and subbase, cross slope, details of shoulders and joints, and details of curbs and sidewalk, if proposed. 3. Horizontal and Vertical Alignment — This task includes the development of the horizontal and vertical alignments for the proposed roadway and access drive improvements (and on-site detour roads, if necessary). This task includes the determination of the locations and coordinates for the horizontal Pi's, PC's, and PT's; the horizontal circular curve data; the locations of the vertical VPI's, VPC's, and VPT's; and the vertical parabolic curve data. 4. Cross Sections — This task includes the development of cross sections and the determination of earthwork quantities utilizing roadway templates based on the roadway typical sections and the horizontal and vertical alignments developed for the Project roadway(s) and access drives (and on-site detour roads, if necessary). Driveway and short side road street profiles will be included in the cross sections. Cross sections will be developed at 25 -foot intervals at a scale of not greater than 1" = 20' horizontally and 1" = 10" vertically for 11"x17" (half-size) sheets. 5. Hydrology and Hydraulic Calculations — This task includes the preparation of detailed hydrology calculations to be used in the design of the storm water management facilities proposed for the Project. Information gathered during the research and data collection phase and additional information, if necessary, shall be utilized. This task also includes the performance of calculations needed to properly size storm sewer and culverts, if any, proposed as part of the Project. 6. Storm Sewer and Subdrains — This task includes the determination of the necessary type, size, and location of storm sewer intakes, manholes, and piping; and subdrain piping, cleanouts, and outlets. 7. Relocation of Existing Private Utilities — This task includes the determination of the right-of-way and/or easement needs to accommodate required relocations of the existing private utilities within the roadway corridor(s), as identified by either the Ament Design or the utility companies during the development of the roadway and right-of-way design. 8. Intersection and Driveway Geometry — This task includes the determination of the detailed horizontal and vertical geometry for the proposed intersections and access drives within the roadway corridor(s). Details will include station locations; centerline angles; locations and dimensions of radii and radius end points and intermediate points; taper points and taper rates; flares; curb drops; crosswalk locations; non- standard pavement cross slopes; access drive grades; and spot elevations. Page 5 of 13 Page 126 of 176 9. PCC Pavement Joint Layout — This task includes the determination of the proposed joint layouts for the main line and side road PCC pavements and for the intersections of these roadways. 10. Sidewalk, Shared Use Paths, and Pedestrian Ramp Geometrics — This task includes the determination of the detailed horizontal and vertical geometry for: a. the existing sidewalks, shared -use paths, and pedestrian ramps within the roadway corridor that will be impacted by roadway construction, and b. the proposed sidewalks, shared -use paths, and pedestrian ramps within the roadway corridor that will needed to accommodate Americans with Disabilities Act (ADA) requirements for the roadway construction, i.e., new pedestrian ramps for receiving non -vehicular traffic from existing pedestrian ramps in other intersection quadrants. Details will include station locations and offsets and grades and spot elevations for non -typical sidewalk or shared use path locations, such as depressed sections through driveways, and pedestrian ramp locations at intersections. 11. Erosion Control Plan — This task includes the development of an erosion control plan for the Project. The plan shall identify the type, size, and location of proposed erosion control elements referencing DOT or SUDAS standards. 12. Storm Water Pollution Prevention Plan (SWPPP) — This task includes the development of a storm water pollution prevention plan (SWPPP) for the Project, if required, based on the extents of the Project. 13. Construction Staging Plan and Detour / Traffic Control Plan — This task includes the development of a construction staging plan and a traffic control plan for the Project. This task also includes the determination of both on-site and off-site detours needed during Project construction. 14. Pavement Marking and Signing Plan — This task includes the development of a pavement marking and signing plan according to the requirements of the City of Waterloo and according to the guidelines contained in the Manual on Uniform Traffic Control Devices (MUTCD) Handbook, latest edition, a manual approved by the Federal Highway Administrator as the National Standard. 15. Traffic Signal System Design / Modifications — This task includes the design and preparation of detailed plans for: a. Installing a fully -actuated traffic signal installation located at the intersection of Ansborough Avenue and Fitzway Drive / Fisher Drive; b. upgrading and modifying the existing traffic signal installation at Ansborough Avenue and San Marnan Drive, if required by the proposed construction; and c. upgrading and modifying the traffic signal interconnection and intersection monitoring system for these two (2) traffic signal installations. Plans will include traffic signal layout; a wiring diagram; signal phasing with a phase sequence diagram and signal timings for both isolated and interconnected signal operation; sign and signal head types and dimensions; loop detector (and/or video or wireless vehicle detection zone), handhole, and base locations; interconnection and intersection monitoring system information; written or graphical depiction of mast arm loadings; and a summary of anticipated traffic signal quantities. The City of Waterloo will provide Ament Design with information regarding existing traffic signal equipment and phasing and timing information. The City of Waterloo will also input the new traffic signal timing information into the existing or upgraded traffic signal equipment when recommended. This task does not include the design of a new traffic signal installation at the intersection of U.S. 20 westbound on/off ramp and Ansborough Avenue. 16. Prepare Permit Applications — This task includes the preparation and submittal to the City of Waterloo of permit applications (and required exhibits) necessary to commence with the construction of the proposed improvements. These include, but are not limited to, City of Waterloo (City), County, State, and Federal permits necessary for the Project. The permits that are anticipated are 1) a National Pollutant Discharge Page 6 of 13 Page 127 of 176 Elimination System (NPDES) General Permit No. 2 from the Iowa Department of Natural Resources, since the area of land disturbed by the proposed Project will exceed one (1) acre, and 2) Iowa DNR permit applications, if needed, for any sanitary sewer reconstruction and/or water main reconstruction that is required for Project construction, and 3) a Work within Right of Way Permit from the Iowa DOT. The City of Waterloo will be responsible for submittal of permit applications to the permitting agencies and payment of permit fees. This task also includes the preparation of a Public Notice of Storm Water Discharge and submittal of this notice to the City of Waterloo. City of Waterloo will be responsible for submittal of this notice to two (2) local newspapers for publication and payment of publication fees. 17. Budget Review (Preliminary Engineer's Opinion of Anticipated Construction Cost) — This task includes the development of a quantity take -off and the application of unit prices reasonable for the scope, schedule, and anticipated job site conditions. The revised total Project expenditures shall be reviewed and compared to the original Project budget. A discussion of the adequacy of the existing budget shall be made. If the budget is not adequate for some reason, options shall be evaluated and a recommendation shall be made to address the budget issue. 18. Quality Review — This task includes a field review by the design team, regarding the quality of the design developed to date. Issues such as property owner concerns; coordination with utilities, and other agencies; and the maintenance aspects of the facilities shall be considered while making this review. Input from a contractor may be included when appropriate. The accuracy and completeness of the documents shall also be scrutinized to minimize the need for modifications to the design. Any necessary modifications shall be included in the documents following the quality review by the designer and prior to continuing to the next step. 19. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the City of Waterloo. For the preliminary design review meeting, preliminary design plans will be prepared to approximately 60% development of the Project design. The preliminary plans will include: • Title sheet • Preliminary typical cross sections • Preliminary horizontal and vertical roadway and driveway alignments • Preliminary horizontal and vertical sidewalk alignments • Preliminary location / layout of new storm sewer and subdrain elements • Preliminary location and sizing of sanitary sewer system modifications • Preliminary location and sizing of relocated water main pipes and appurtenances • Preliminary cross sections 20. Field Reconnaissance — This task includes a field reconnaissance / field check with City of Waterloo staff after the initial preliminary design plan set is submitted to the City of Waterloo. IV. Check Plans and Final Plans A. Check Plans and Draft Project Manual — This item includes the addition of information to the Preliminary Plans, the incorporation of the Preliminary Plan review comments to more fully develop the contract documents, and the development of a draft Project Manual, including front end documents and specifications/special provisions. 1. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings to provide for more detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Project specifications or special provisions. 2. Develop Special Details — This item includes the design and drafting of special Project details. Standard details shall be included by reference only. 3. Develop Special Provisions — This task includes the development of Special Provisions, if necessary, to supplement the Standard Specifications. Page 7 of 13 Page 128 of 176 4. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 5. Budget Review (Updated Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -offs developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total Project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 6. Check Plan Submittal — This item includes the submittal of the appropriate number of copies of the Check Plans; Draft Project Manual; and Updated Engineer's Opinion of Anticipated Construction Cost to the City of Waterloo. B. Final Plans and Project Manual — This item includes the modification of the Check Plans and Project Manual to incorporate the Check Plan review comments and to finalize the documents. 1. Incorporate Permit Requirements — This item includes the incorporation of information in the appropriate location related to the requirements of any applicable permits issued for the Project. Location and dimension information shall be placed on the drawings. Quality of workmanship and quality of materials information shall be placed in the Special Provisions. 2. Refine Special Provisions — This task includes the refinement of the Special Provisions, if necessary, to supplement the Standard Specifications. 3. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 4. Budget Review (Final Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -off developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total Project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 5. Assist with Development of Project Schedule — Ament Design will provide input to City of Waterloo to assist with determination of anticipated length of Project construction schedule, intermediate (milestone) completion dates, etc., if necessary. 6. Final Plan Submittal — This item includes the submittal of the appropriate number of copies of the Final Plans; Final Project Manual; and Final Engineer's Opinion of Anticipated Construction Cost to the City of Waterloo. The plan sheets that are anticipated for inclusion in the Final Plan set are listed below: • Title Sheet • General Notes and Legend Sheet • Typical Cross Section Sheet(s) • Quantities and Tabulations Sheet(s) including Coordinate Geometry for Roadway(s) • Plan -and -Profile Sheet(s) with Storm Sewer • Reference Ties and Bench Marks Sheet(s) • Right-of-way and Easement Sheet(s) • Construction Staging and Detour / Traffic Control Plan Sheet(s) • Intersection Geometry and Joint Layout Sheet(s) • Traffic Signal System Installation / Modifications Sheets • Pedestrian Ramp Geometry Sheet(s) • Removals Sheet(s) • Erosion Control Plan Sheet(s) • Storm Water Pollution Prevention Plan (SWPPP) Sheet(s) Page 8 of 13 Page 129 of 176 • Pavement Markings and Signing Plan Sheet(s) • Tabulation of Earthwork Quantities Sheet(s) • Special Details Sheet(s) (if needed) • Cross Section Sheet(s) V. Contractor Procurement A. Bid Period Activities 1. Answer Questions from Contractors — After submittal of Final Plans to the City of Waterloo, clarification of items in question will be provided to assist the City of Waterloo in answering questions from Contractors and any addenda that are necessary. VI. Construction Phase Services A. Construction Surveys — A fee for the necessary construction surveys will be prepared during the Final Design Phase of the Project, after the extent of the proposed improvements is finalized. Construction Surveys will be completed in accordance with the Iowa Department of Transportation Standard Specification for Construction Surveys. B. Ament Design shall perform construction administration for the City of Waterloo during the Construction Phase of the Project. Ament Design shall perform nearly full-time construction observation for the City of Waterloo during the Construction Phase of the Project. 1. General Administration of Construction Contract — Consult with City of Waterloo and act as City of Waterloo's representative. The extent and limitations of the duties, responsibilities and authority of Ament Design as assigned shall not be modified, except as Ament Design may otherwise agree in writing. All of City of Waterloo's instructions to Contractor will be issued through Ament Design, who shall have authority to act on behalf of City of Waterloo in dealings with Contractor to the extent provided in this Agreement except as otherwise provided in writing. 2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the Ament Design and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment A-1. The furnishing of such RPR's services will not extend Ament Design's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 3. Pre -Construction Conference — Organize and conduct Pre -construction conference. Prepare and distribute minutes. 4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Ament Design deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Ament Design, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Ament Design in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Ament Design's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, Ament Design will determine, in general, if Contractor's work is proceeding in accordance with the Contract Documents, and Ament Design shall keep City of Waterloo informed of the progress of the Work. b. The purpose of Ament Design's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Ament Design to better carry out the duties and responsibilities assigned to and undertaken by Ament Design during the Construction Phase, and, in addition, by the exercise of Ament Design's efforts as an experienced and qualified design professional, to provide for City of Waterloo a greater degree of confidence that the completed Work will conform in general to Page 9 of 13 Page 130 of 176 the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Ament Design neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 5. Defective Work — Recommend to City of Waterloo that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Ament Design believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Ament Design may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 7. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives to City of Waterloo, as appropriate, and prepare Change Orders and Work Change Directives as required. 8. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Ament Design has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to Ament Design. 9. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 10. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Ament Design's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Ament Design shall be entitled to rely on the results of such tests. 11. Disagreements between City of Waterloo and Contractor — Render formal written decisions on all claims of City of Waterloo and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, Ament Design shall be fair and not show partiality to City of Waterloo or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 12. Applications for Payment - Based on Ament Design's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Ament Design recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Ament Design's representation to City of Waterloo, based on such observations and review, that, to the best of Ament Design's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is Page 10 of 13 Page 131 of 176 generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Ament Design's responsibility to observe Contractor's work. In the case of unit price work, Ament Design's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Ament Design shall not thereby be deemed to have represented that observations made by Ament Design to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Ament Design in this Agreement and the Contract Documents. Neither Ament Design's review of Contractor's work for the purposes of recommending payments nor Ament Design's recommendation of any payment including final payment will impose on Ament Design responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Ament Design to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to City of Waterloo free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between City of Waterloo and Contractor that might affect the amount that should be paid. 13. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. c. Ament Design shall transmit these documents to City of Waterloo. 14. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with City of Waterloo and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of City of Waterloo, Ament Design considers the Work Substantially Complete, Ament Design shall deliver a certificate of Substantial Completion to City of Waterloo and Contractor. 15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables: a. Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and circulate copies of minutes. b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed, and maintained by Contractor, such as silt fence, inlet protection devices, etc. c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests) and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in- place structures, etc. in conformance with the requirements of the City of Waterloo. If required, prepare test cylinders or beams, transport test specimens to the laboratory, perform strength tests on test specimens, and prepare and document test results. TEAM Services, Inc. will perform this task. d. Prepare and furnish to City of Waterloo Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. Page 11 of 13 Page 132 of 176 e. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk in AutoCAD format of the as -built record drawings f. Attend monthly utility coordination meetings with utility company representatives, Contractor, and City staff, and prepare and circulate copies of minutes. 16. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Ament Design may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Ament Design shall also provide a notice that the Work is acceptable to the best of Ament Design's knowledge, information, and belief and based on the extent of the services provided by Ament Design under this Agreement. C. Duration of Construction Phase — The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by Ament Design for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. D. Limitation of Ament Design's Authority and Responsibilities — Neither Ament Design's authority or respon- sibility under this Agreement or under any other provision of the Contract Documents nor any decision made by Ament Design in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Ament Design shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Ament Design to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. Ament Design shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Ament Design shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. The limitations upon authority and responsibility set forth above shall also apply to Ament Design's Consultants, Resident Project Representative, and assistants. VII. Deliverables A. Ament Design Deliverables 1. Minutes of Project review meetings to meeting attendees. 2. Monthly progress reports (submitted with Project invoices) to City of Waterloo. 3. List of property owners abutting the Project corridor(s) with contact information (mailing address, phone number, mobile phone number, facsimile number, e-mail address, etc. to City of Waterloo. 4. Survey notification letter sent to individual property owners along the Project corridor(s) to City of Waterloo. 5. One (1) copy of traffic study report that summarizes the traffic study data collection, analysis, findings, and recommendations. 6. Traffic signal timing plans for the AM, mid-day, and PM peak periods, in Synchro® file format. 7. One (1) copy of each permit application to City of Waterloo. City of Waterloo will be responsible for payment of any required permit application fees. 8. One copy of each Public Notice of Storm Water Discharge for publication by one (1) newspapers to City of Waterloo. City of Waterloo will be responsible for the publication of any required Project notices and associated publication fees. 9. One (1) set of plan sheets depicting proposed right-of-way, permanent easement, and temporary construction easement boundaries and an electronic file in DGN or DWG format containing these elements to City of Waterloo. 10. Preliminary Plans: One (1) set of preliminary plans, submitted in 11"x17" (half-size) format as an electronic PDF file, and one (1) preliminary Engineer's Opinion of Anticipated Construction Cost, along with accompanying transmittal letter, shall be submitted to City of Waterloo. 11. Check Plans: One (1) set of check plans, submitted in 11"x17" (half-size) format as an electronic PDF file; one (1) set of draft Special Provisions, if needed, submitted as an electronic PDF file; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to City of Waterloo. 12. Final Plans: One (1) set of reproducible final plans, submitted in 11"x17" (half-size) format as an electronic PDF file; one (1) set of final Special Provisions, if needed submitted as an electronic PDF Page 12 of 13 Page 133 of 176 file; one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to City of Waterloo; and the required number of plan set title sheets and special provision certification pages with certification seals, dates, and original signatures of the certifying Ament Design. 13. One (1) copy of survey field notes including utility structure inspection reports to City of Waterloo. 14. CD or DVD of Project drawings as AutoCAD® files. Electronic files of PROJECT base mapping will include existing control point, property boundary, and topographic information; contour information; and proposed design features. 15. The deliverables indicated in Exhibit A-1 to City of Waterloo. VIII. CITY OF WATERLOO'S RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE CITY OF WATERLOO: The City of Waterloo shall provide the following material and information related to the Project: A. Electronic files of City of Waterloo's Traffic Operations Department's Standard Specifications for Traffic Signal Installations, if required by the City of Waterloo. B. Information pertaining to the horizontal and vertical control for the Project, if available. C. Latest aerial photography for the Project area. D. Latest aerial topographic mapping for the Project, if available. E. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records, miscellaneous utility records (as available), and record drawings for adjacent improvements. F. Information on sections of existing water main and/or sanitary sewer piping to replace within Project corridor or sections of new water main and/or sanitary sewer piping to construct within Project corridor including proposed pipe sizes. [Design of any new water main and/or sanitary sewer piping to construct within Project corridor is a Contingency task.] G. Site plans for adjacent properties. H. Existing traffic volumes and projected Design Year Average Daily Traffic volumes for the Project corridor(s), including truck traffic percentages by classification. Contractor bid prices from recent similar projects let by the City of Waterloo. J. Permit applications that are only available from the City of Waterloo that are necessary to commence with the construction of the proposed improvements. K. Proposed pipe sizing for new water mains and sanitary sewer crossings, if included in Project design. L. Network -wide reduction value for Year 2017 traffic volumes, if desired by City of Waterloo, for use in development of traffic signal timing plans for the AM, mid-day, and PM peak periods, as needed, during construction. M. Proposed land uses for the undeveloped commercial lands to be included in the traffic study. TASKS TO BE PERFORMED BY THE CITY OF WATERLOO: The City of Waterloo shall perform the following tasks related to the Project: A. Attend kick-off meeting, design review meetings, joint utility coordination meetings, pre - construction conference, construction progress and other job-related meetings, and Substantial Completion and final payment field inspections. B. Assist Ament Design will development of coordinated traffic signal timing plans for the signalized intersections within the Project corridor. C. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment. Page 13 of 13 Page 134 of 176 This is ATTACHMENT A-1, consisting of three (3) page(s), referred to in the agreement between the City of Waterloo and Ament Design, effective DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE Resident Project Representative A. Ament Design shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to assist Ament Design in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit A-1 may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Ament Design shall endeavor to provide further protection for City of Waterloo against defects and deficiencies in the Work. However, Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable. C. The duties and responsibilities of the RPR are limited to those of Ament Design in the Agreement with the City of Waterloo and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Ament Design's agent at the Site, will act as directed by and under the supervision of Ament Design, and will confer with Ament Design regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Ament Design and Contractor, keeping City of Waterloo advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with City of Waterloo with the knowledge of and under the direction of Ament Design. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Ament Design concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Ament Design's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Ament Design in serving as City of Waterloo's liaison with Contractor when Contractor's operations affect City of Waterloo's on -Site operations. c. Assist in obtaining from City of Waterloo additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Ament Design when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Ament Design. Page 1 of 3 Page 135 of 176 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Ament Design of availability of Samples for examination. c. Advise Ament Design and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Ament Design. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Ament Design. Transmit to Contractor in writing decisions as issued by Ament Design. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Ament Design in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Ament Design whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Ament Design of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Ament Design in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate City of Waterloo's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Ament Design appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Ament Design. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Ament Design's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Ament Design. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Ament Design. Page 2 of 3 Page 136 of 176 11. Reports: a. Furnish to Ament Design periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Ament Design proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Ament Design and City of Waterloo copies of all inspection, test, and system startup reports. d. Report immediately to Ament Design the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Ament Design, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Ament Design for review and forwarding to City of Waterloo prior to payment for that part of the Work. 14. Completion: a. Before Ament Design issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Ament Design, City of Waterloo, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Ament Design concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Ament Design's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of City of Waterloo or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Ament Design. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City of Waterloo to occupy the Project in whole or in part. Page 3 of 3 Page 137 of 176 This is ATTACHMENT B, consisting of one (1) page(s), referred to in the agreement between the City of Waterloo and Ament Design, effective PROJECT SCHEDULE AND FEE The scope of Services shall be completed in accordance with the following schedule unless modified by mutual agreement or by factors beyond the control of the Consultant: Contract approval Survey and field data Traffic Counts & Data Collection Base Mapping & Traffic Analysis Design Concept Report Preliminary Plan Submittal Return Preliminary Plan Comments Project walk through Check Plan Submittal Return Check Plan Comments Final Plan Turn -In Bid date The Project fee is broken down as follows: August 28, 2017 September 18, 2017 September 18, 2017 September 29, 2017 September 29, 2017 November 3, 2017 November 10, 2017 November 10, 2017 November 24, 2017 December 1, 2017 December 15, 2017 approximately January 30, 2018 LABOR Technician Land Surveying/Engineering Admin Classification T1 T2 Intern Eng Senior Mgr Admin TOTAL TOTAL Hourly Rate $75 $95 $105 $130 $155 $170 $80 HRS LABOR Surveys and Base Mapping 0 0 174 0 0 12 2 188 $20,470 Traffic Counts and Traffic Study 10 0 12 0 58 0 0 80 $11,000 Design and Project Manual 48 0 166 0 69 0 0 283 $31,725 Traffic Signal Design 0 0 24 0 32 0 0 56 $7,480 Utility Coordination 0 0 16 0 8 0 0 24 $2,920 Permitting 0 0 2 0 1 0 0 3 $365 Project Management 0 0 0 0 23 0 23 46 $5,405 Meetings & Field Reviews 0 0 10 0 10 0 0 20 $2,600 Total 58 0 404 0 201 12 25 700 $81,965 Page 1 of 1 Page 138 of 176 CITY OF WATERLOO Council Communication Resolution approving Construction Plans for Private Sanitary Sewer Extension serving Trent Lane Condominiums Expansion 2017, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement Department of Natural Resources Form 29 (Nov 00), with the Department of Natural Resources, and the final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorize Mayor to execute said document City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 8/23/2017 - 11:14 AM Clerk Office Even, LeAnn Approved 8/23/2017 - 11:23 AM SUBJECT: Resolution approving Construction Plans for Private Sanitary Sewer Extension serving Trent Lane Condominiums Expansion 2017, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and S ewage Treatment Agreement Department of Natural Resources Form 29 (Nov 00), with the Department of Natural Resources, and the final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorize Mayor to execute said document. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Page 139 of 176 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the development of property located west of 2010 West Ridgeway Avenue, and authorize Mayor to execute said agreement and rescinding Resolution No. 2017-302. City Council Meeting: 8/28/2017 Prepared: 8/23/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Miller, Adrienne Schroeder, Aric Even, LeAnn Action Rej ected Approved Approved Approved ATTACHMENTS: Description Type D Blending station DA (Updated) Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: D ate 8/23/2017 - 10:21 AM 8/23/2017 - 10:41 AM 8/23/2017 - 10:47 AM 8/23/2017 - 11:04 AM Resolution approving a Development Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the development of property located west of 2010 West Ridgeway Avenue, and authorize Mayor to execute said agreement and rescinding Resolution No. 2017-302. Submitted By: Noel Anderson, Community Planing & Development Director Approval As you may recall, the rezoning of land for Kwik Trip, Inc. (stores known in Iowa as Kwik Star) down at the "red barn" on Highway 63 south was denied for a new fuel blending station. Kwik Trip, Inc. has been searching for a new site to construct their first blending station location in Iowa. Staff has been working to gain this new business development in Waterloo. The site west of Denso, per the Offer to Purchase, is city -owned property that was acquired for industrial development. The offer to purchase along with a Development Agreement was approved by City Council on April 24, 2017. Minor changes have been made to the Development Agreement including the timeline of water and sewer extension to the property and fill requirements for the property. Not applicable for this agreement. However the City will need to extend sewer to the site. Page 140 of 176 Source of Funds: NA. Note above - there is existing bond funds (to be repaid with TIF) for the sewer extension. Policy Issue: Economic Development. Meeting Strategic Goals 1, 3, and 4, Alternative: Not approve Background Information: Legal Descriptions: The City acquired the roughly 26+ acres of land in this area for the Denso project and future industrial projects. This Kwik Trip, Inc. project would appear to be a good industrial fit for the area, and work to bring a new type of industry/business to the community. Kwik Trip has been a very good partner in development throughout the Waterloo community, and this being their first Iowa blending station bodes well for future partnerships for more private investment in Waterloo. The sewer was extended to serve Denso, but at their southeastern corner. The City has planned to extend sewer to serve the entire site in previous years, but now has a project to move that ahead. That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S 89° 10' 10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89°10'10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres. Page 141 of 176 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017 by and between Kwik Trip, Inc. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to undertake, or to cause to be undertaken, the financing and construction of a building and related improvements on property located in the Martin Road Development Plan Area. C. This Agreement is intended to supersede and replace a certain Development Agreement approved by the city council of City on April 24, 2017. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Within 120 days from the date of this Agreement, City shall convey, or cause to be conveyed, to Company the real property described on Exhibit "A" attached hereto (the "Property"), for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. Page 142 of 176 2. Improvements by Company. Company shall construct a blending station as depicted on attachments, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". City hereby confirms that there are no restrictions for filling in the floodplain on the Property, subject to use of suitable fill material. City shall allow Company to fill in the floodplain as may be necessary to complete the Project. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction of Improvements no later than six (6) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements must be completed within twelve (12) months of the Project Start Date (the "Project Completion Date"). If, by the Project Start Date, Company has not begun in good faith the construction of the Improvements upon the Property, then title to the Property shall revert to the City. If construction has not begun by the Project Start Date, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced by the Project Start Date or within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter of title. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the 2 Page 143 of 176 terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. On or before December 1, 2017, City will provide water main and sewer main infrastructure to the Property line, and Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property that it desires and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it, or any successor in title to the Property, will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. For itself and each of its successors in title to the Property, Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", neither it nor any successor in title will seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $300,000.00 (the "Minimum Actual Value"), through: (i) either; willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" concurrently with execution of this Agreement. 7. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 3 Page 144 of 176 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1626 Oak Street, La Crosse, Wisconsin 54603, Attn: Brad Fry. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 4 Page 145 of 176 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. 5 Page 146 of 176 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA KWIK TRIP, INC. By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 6 Title: Page 147 of 176 EXHIBIT "A" That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S89°10'10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89°10'10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres. Page 148 of 176 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), KWIK TRIP, INC. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the Martin Road Development Plan area of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $300,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before June 30, 2018. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2023. Nothing herein shall be deemed to waive Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Page 149 of 176 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA KWIK TRIP, INC. By: By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 2 Page 150 of 176 STATE OF ) ss. COUNTY OF Acknowledged before me on , 2017 by as of Kwik Trip, Inc. Notary Public 3 Page 151 of 176 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Three Hundred Thousand Dollars ($300,000) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 152 of 176 CITY OF WATERLOO Council Communication Resolution approving submission of a grant application to the Northeast Iowa Community Foundation, in an amount up to $15,482, to replace ash trees in Miller Park and Leavitt Park. City Council Meeting: 8/28/2017 Prepared: 8/17/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 8/17/2017 - 5:12 PM Clerk Office Even, LeAnn Approved 8/22/2017 - 11:46 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Resolution approving submission of a grant application to the Northeast Iowa Community Foundation, in an amount up to $15,482, to replace ash trees in Miller Park and Leavitt Park. Submitted By: Todd Derifield, City Forester Approve attached resolution. The City of Waterloo has been infested with Emerald Ash Borer insects that are killing thousands of ash trees in our community. Ash trees will be removed in Miller Park and Leavitt Park. Leisure Services is proposing to replace those ash trees in those two parks with a variety of species. The Northeast Iowa Community Foundation has funds available for planting trees in Waterloo. There are no matching funds required for this grant opportunity. There are no matching funds required for this grant opportunity. This grant opportunity for the project of replanting trees in place of ash trees removed would support the City of Waterloo Strategic Plan. Strategy 4.5 "Maintain community service and city facilities that support quality ofplace." N/A The City of Waterloo has been infested by Emerald Ash Borer and they are killing the ash trees in our community. Replacing these trees with a diversity of species is a goal as well as a challenge. The challenge present in replacing these ash trees is the availability of funding. Grants such as this one offer an opportunity to meet our goal. N/A Page 153 of 176 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net decrease of ($13,938.50) for the FY 2017 CIP Pipelining Phase III, Contract No. 919. City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date Waste Management Even, LeAnn Approved 8/23/2017 - 12:46 PM ATTACHMENTS: Description Type ❑ CO #1 Backup Material Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services Recommended Action: To approve Change Order No. 1 for a net decrease of ($13,938.50) Summary Statement: New contract amount will be $1,451.695.50 Page 154 of 176 AECOM August 18, 2017 Mr. Steven Hoambrecker, PE Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2017 CIP Pipelining Phase IIIA Change Order No. 1 City of Waterloo, Iowa City Contract No. 919 AECOM #60504645 Mr. Steven Hoambrecker, PE FY 2017 CIP Pipelining Phase IIIA, Change Order #1 August 21, 2017 Dear Mr. Hoambrecker: Attached is Change Order No. 1 for the FY 2017 CIP Pipelining Phase IIIA project on August 18, 2017. This change order includes the following items: 1. ADD TOTAL - $12,548.00 - Revise CIPP Diameters — Record information used for the project for some pipe segments was not accurate in the bid documents. The bid quantities were deducted from the incorrect diameter bid items and added back into the correct bid item diameters. This work is found on Drawing 5 and 27. The segment found on Drawing 5 is changed from a 12 -inch to 15 -inch CIPP. 15 -inch CIPP was not included in the project previously. The Unit Price for 15 -inch CIPP is $48.00 per lineal foot of liner installed. This price can be found on the attached Change Order Request Form. 2. DEDUCT TOTAL - $(62,198.00) - Remove Segments That Do Not Require Lining — Segment scoring or data entry error in the project investigation and design. This work is found on Drawing 35. 3. DEDUCT TOTAL - $(17,278.00) - Remove Private Sewer Work — Three CIPP segments and the work at four manholes was deducted from the project because this is a private sewer inside a warehouse off of Westfield Avenue as determined by City Staff. This work is found on Drawing 22. 4. DEDUCT TOTAL - $(3,340.00) - Remove 21 -Inch and 24 -Inch Lateral Grouting — The contractor cannot grout laterals in pipes greater than 18 inches in diameter. 5. ADD TOTAL - $30,244.50 - Transition Liner — The project information for the segments between MH 20036 and MH 14567 was not accurate. The segment was believed to be a 24 -inch diameter pipe. The contractor discovered that the segment begins as a 27 -inch diameter pipe and then transitions to 21 inches. This work can be found on Drawing 29. This situation causes the following changes: a. Two hundred sixty-eight LF (268 -LF) of 24 -inch CIPP was deducted from the project for this segment. b. Transition Liner — New Bid Item 6A 27 -inch Diameter CIP Pipe Lining for the 131 LF of 27 -inch pipe and 137 LF of 21 -inch CIPP was added to the project. Twenty-seven inch (27 -inch) CIPP was not previously part of this project. The Unit Price for 27 -inch CIPP is $170.00 per lineal foot of liner installed. This price can be found on the attached Change Order Request Form. c. MH 20036 is buried and under a fence. The contractor bid the project assuming the segment in question could be lined in one shot beginning at the adjacent MH 20036 to MH 20036 segment. The contractor planned to line through the buried manhole 20036 because the segments were both bid as 24 -inch CIPP. This is no longer possible given the transition liner. Therefore, the contractor must expose MH 20036 to complete the lining of both segments. The work required to expose and reconstruct the manhole is described on the attached Change Order Request Form. The cost of this Site Work is $25,905.00. 6. ADD TOTAL - $12,301.50 - Three CIPP Segments in Service Area 19 — Dry Run Creek crossing that is exposed to the creek and is cracked, allowing creek water directly into the pipe. 7. DEDUCT TOTAL - $(930.00) Remove manhole chimney work at manholes included in the current and future University Avenue projects. This chimney work will be completed as part of those projects. This work is found on Drawings 26 and 27. Page 155 of 176 AECOM Mr. Steven Hoambrecker, PE FY 2017 CIP Pipelining Phase IIIA, Change Order #1 August 21, 2017 8. ADD TOTAL - $14,803.50 - Manhole Box Outs, Inside Drop, Frame and Cover Replacements, and Structural Chimney Repairs — These are manholes that have deteriorated further from their initial inspection in 2015/2016. Therefore, this additional work is now necessary. This work can be found on Drawings 11, 13, 16, 22, 23 and 35. AECOM has reviewed the work described in this change order. We recommend that the City of Waterloo approve Change Order No. 1 for the project deduction of $13,938.50. This change order is a net deduction of 0.95% and adjusts the contract to the amount of $1,451,695.50. Yours sincerely, Christopher G. Oelkers, P.E. Enclosure: Change Order No. 1 Signature Form Change Order No. 1 Tabulations Change Order No. 1 Request Form P:\60543369\600_Construction_Support\01-PH IIIA\670_Change-Orders\CO NO 1\20170818 Wat CIPP PH IIIA - Change Order No 1 LTR.docx Page 156 of 176 CHANGE ORDER NO. 1 Owner: City of Waterloo Date: August 18, 2018 Project: FY 2017 CIP Pipelining, Phase IIIA Owner's Contract No.: 919 Contractor: Municipal Pipe Tool Co., LLC Date of Contract Start: March 6, 2017 $ Original Contract: $1,465,634.00 You are directed to make the following changes in the Contract Documents. Description: 1. REVISE CIPP Diameters Add $12,548.00 2. REMOVE Segments that DO NOT need to be lined Deduct $(62,198.00) 3. REMOVE Private Sewer Segments Deduct $(17,278.00) 4. REMOVE 21 -Inch and 24 -Inch Lateral Grouting Deduct $(3,340.00) 5. ADD — Transition Liner 21 -Inch to 27 -Inch Add $30.244.50 6. ADD - Service Area 19 — Dry Run Creek Crossing Add $12,301.50 7. REMOVE University Avenue Project Manhole Chimney Seals Deduct $(930.00) 8. ADD —Miscellaneous Manhole Repairs Add $14,803.50 NET ADD S(13,938 50) Reason for Change Order: 1. See Change Order No. 1 Letter. CONTRACT PRICE Original: $ 1,465,634.00 Original: Previous C.O.s (ADD/DEDUCT): $ Previous C.O.s (ADD/DEDUCT): This C.O. (ABB/DEDUCT): $ (13,938.50) This C.O. (ADD/DEDUCT): Contract Price With All Approved Change Orders: $ 1,451,695.50 REVISED: Original Completion Date: Revised Completion Date: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion October 27, 2017 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: August 28, 2017 City of Waterloo (Authorized Signature) Date: ACCEPTED: By: ( �CL.r01/1 (A..) CAA August 18, 2017 Municipal Pipe Tool Co., LLC (Authorized Signature) Date: AECOM 60543369 1 Page 1 of 1 P:\60543369\600 Construction Support\01-PH IPA \670Change-Orders \CO NO 1\20170818 WAT CIPP PH IIIA Change Order No 1 FORM.doc Project No. Change Order No. Page 157 of 176 Change Order No. 1 Item No. 1 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract ACOM Bid Item 1 3 3A 5 10 10A 12 17 17A 18 19 Description 8 CIPP 12 CIPP 15 CIPP 21 CIPP PT -12 PT - 15 PT - 21 PC - 12 PC -15 PC -18 PC - 21 Unit LF LF LF LF LF LF LF LF LF LF LF Quantity 12,740 2,630 0 326 5,260 652 2,630 0 281 326 Bid Price $ 23.50 $ 31.50 $ 48.00 $ 75.50 $ 0.50 $ 0.50 $ 0.75 $ 1.00 $ 1.00 $ 1.00 $ 2.00 BI Total' $ 299,390.00 $ 82,845.00 1 $ - $24,613.00 $2,630.00 1 $ - $489.00 $2,630.00 1 $ - $ 281.00 $ 652.00 Contract Total $ 1,465,634.00 Change Order No. 1 Bid Item 1 3 3A 5 10 10A 12 17 17A 18 19 Description 8 CIPP 12 CIPP 15 CIPP 21 CIPP PT -12 PT - 15 PT - 21 PC - 12 PC -15 PC -18 PC - 21 CIPP WORK DEDUCT DWG UP MH DN MH SIZE DIFF 5 06-04 06-03 (397) (794) (397) SIZE DIFF 27 14-06 14-05 (281) CIPP WORK DDITION DWG UP MH DN MH SIZE DIFF 5 06-04 06-03 397 794 397 SIZE DIFF 27 14-06 14-05 284 568 284 BID ITEM QUANTITY CHANGE! 0 -397 397 284 -794 794 568 -397 397 -281 284 PREVIOUS QUANTITIES 12,740 2,630 0 326 5,260 0 652 2,630 0 281 326 REVISED QUANTITIES 12,740 2,233 397 610 4,466 794 1,220 2,233 397 0 610 BID ITEM COST CHANGE $ - $(12,505.50) $19,056.00 $21,442.00 $ (397.00) $397.00 $426.00 $ (397.00) $397.00 $(281.00) $ 568.00 REVISED BI TOTAL $ 299,390.00 $ 70,339.50 $19,056.00 $46,055.00 $2,233.00 $397.00 $915.00 $2,233.00 $397.00 $ - $1,220.00 CO NO. 1 - Contract Total $ 1,478,182.00 CO NO. 1- ITEM NO. 1 TOTAL $ 12,548.00 Contract Adjustment 0.86% Page 158 of 176 Change Order No. 1 Item No. 2 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 7 14 21 Description 8 CIPP 36 CIPP PT - 36 PC - 36 Unit LF LF LF LF Quantity 12,740 766 1,532 766 Bid Price $ 23.50 $ 220.50 $ 0.75 $ 5.00 BI Total' $ 299,390.00 1 $168,903.00 $1,149.00 $ 3,830.00 Contract Total $ 1,465,634.00 Change Order No. 1 Bid Item 1 7 14 21 Description 8 CIPP 36 CIPP PT - 36 PC - 36 CIPP WORK REMOVE 35 13-17A-05 13-17A-06 (274) (548) (274) REMOVE 21" & 24" LATERALS BID ITEM QUANTITY CHANGE 0 -274 -548 -274 PREVIOUS QUANTITIES 12,740 766 1,532 766 REVISED QUANTITIES 12,740 492 984 492 BID ITEM COST CHANGE $ - $ (60,417.00) $ (411.00) $(1,370.00) REVISED BI TOTAL $ 299,390.00 $108,486.00 $ 738.00 $ 2,460.00 CO NO. 1 - Contract Total $ 1,403,436.00 CO NO. 1 TOTAL $ (62,198.00) Contract Adjustment -4.24% Page 159 of 176 Change Order No. 1 Item No. 3 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 2 9 16 Description 8 CIPP 10 CIPP PT - 10 PC - 10 Unit LF LF LF LF Quantity 12,740 2,665 5,330 2,665 Bid Price $ 23.50 $ 24.50 $ 0.50 $ 1.00 BI Total' $ 299,390.00 1 $ 65,292.50 $2,665.00 $2,665.00 Contract Total $ 1,465,634.00 Change Order No. 1 Bid Item 1 2 9 16 Description 8 CIPP 10 CIPP PT - 10 PC - 10 CIPP WORK DEDUCT DWG UP MH DN MH PRIVATE 22 18-02-01 18-02 (290) (580) (290) PRIVATE 22 18-02-02 18-02-01 (137) (274) (137) PRIVATE 22 18-02-03 18-02-02 (225) (450) (225) BID ITEM QUANTITY CHANGE 0 -652 -1,304 -652 PREVIOUS QUANTITIES 12,740 2,665 5,330 2,665 REVISED QUANTITIES 12,740 2,013 4,026 2,013 BID ITEM COST CHANGE $ - $(15,974.00) $ (652.00) $ (652.00) REVISED BI TOTAL $ 299,390.00 $ 49,318.50 $2,013.00 $2,013.00 CO NO. 1 - Contract Total $ 1,448,356.00 CO NO. 1 TOTAL $ (17,278.00) Contract Adjustment -1.18% Page 160 of 176 Change Order No. 1 Item No. 4 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 27 Description 8 CIPP LAT GR Unit LF EA Quantity 12,740 368 Bid Price $ 23.50 $ 245.00 BI Total' $ 299,390.00 1 $90,160.00 Contract Total $ 1,465,634.00 Change Order No. 1 Bid Item 1 27 Description 8 CIPP LAT GR CIPP WORK REMOVE 21" & 24" LATERALS (14) BID ITEM QUANTITY CHANGE! 0 -14 PREVIOUS QUANTITIES 12,740 368 REVISED QUANTITIES 12,740 364 BID ITEM COST CHANGE $ - $ (3,430.00) REVISED BI TOTAL $ 299,390.00 $86,730.00 CO NO. 1 - Contract Total $ 1,462,204.00 CO NO. 1 TOTAL $ (3,430.00) Contract Adjustment -0.23% Page 161 of 176 Change Order No. 1 Item No. 5 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 5 6 6A 35 Description 8 CIPP 21 CIPP 24 CIPP 27 CIPP D29 - TL Unit LF LF LF LF LS Quantity 12,740 326 706 0 0 Bid Price $ 23.50 $ 75.50 $ 105.50 $ 170.00 $ - BI Total' $ 299,390.00 $24,613.00 $ 74,483.00 1 $ - 1 $ - Contract Total $ 1,465,634.00 Change Order No. 1 Bid Item 1 5 6 6A 35 Description 8 CIPP 21 CIPP 24 CIPP 27 CIPP D29 - TL CIPP WORK DEDUCT DWG UP MH DN MH TRANS LINER 29 17-01 20-01-11 (268) REMOVE 35 13-17A-05 13-17A-06 REMOVE 21" & 24" LATERALS CIPP WORK AD) DWG UP MH DN MH TRANS LINER 29 17-01 20-01-11 137 131 $25,905.00 BID ITEM QUANTITY CHANGES 0 137 -268 131 $25,905.00 PREVIOUS QUANTITIES 12,740 326 706 0 $ - REVISED QUANTITIES 12,740 463 438 131 $25,905.00 BID ITEM COST CHANGE $ - $10,343.50 $(28,274.00) $22,270.00 $25,905.00 REVISED BI TOTAL $ 299,390.00 $34,956.50 $ 46,209.00 $22,270.00 $25,905.00 CO NO. 1 - Contract Total $ 1,495,878.50 CO NO. 1 TOTAL $ 30,244.50 Contract Adjustment 2.06% Page 162 of 176 Change Order No. 1 Item No. 6 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 3 10 17 26 27 Description 8 CIPP 12 CIPP PT -12 PC -12 LAT LAT GR Unit LF LF LF LF EA EA Quantity 12,740 2,630 5,260 2,630 368 368 Bid Price $ 23.50 $ 31.50 $ 0.50 $ 1.00 $ 75.00 $ 245.00 BI Total' $ 299,390.00 $82,845.00 1 $2,630.00 1 $2,630.00 $27,600.00 1 $90,160.00 Contract Total $1,465,634.00 Change Order No. 1 Bid Item 1 3 10 17 26 27 Description 8 CIPP 12 CIPP PT -12 PC -12 LAT LAT GR CIPP WORK ADDITION DWG UP MH DN MH SA 19 Dry Run 38 25-17 25-17-04 175 350 175 2 2 SA 19 Dry Run 38 25-17-04 25-17-05 58 116 58 SA 19 Dry Run 38 25-17-05 25-17-06 96 192 96 2 2 BID ITEM QUANTITY CHANGES 0 329 658 329 4 4 PREVIOUS QUANTITIES 12,740 2,630 5,260 2,630 368 368 REVISED QUANTITIES 12,740 2,959 5,918 2,959 372 372 BID ITEM COST CHANGE $ - $10,363.50 $ 329.00 $ 329.00 $ 300.00 $ 980.00 REVISED BI TOTAL $ 299,390.00 $93,208.50 $2,959.00 $2,959.00 $27,900.00 $91,140.00 CO NO. 1 - Contract Total $1,477,935.50 CO NO. 1 TOTAL $ 12,301.50 Contract Adjustment 0.84% Page 163 of 176 Change Order No. 1 Item No. 7 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 29 Description 8 CIPP MH ICS Unit LF EA Quantity 12,740 391 Bid Price $ 23.50 $ 310.00 BI Total! $ 299,390.00 $121,210.00 Contract Total $ 1,465,634.00 Change Order No. 1 Bid Item 1 29 Description 8 CIPP MH ICS MH WORK DEDUCT DWG MH UNIV AV Proj 26 08-15-13 (1) UNIV AV Proj 27 14-03-01 (1) UNIV AV Proj 27 14-03-02 (1) BID ITEM QUANTITY CHANGE! 0 -3 PREVIOUS QUANTITIES 12,740 391 REVISED QUANTITIES 12,740 388 BID ITEM COST CHANGE $ - $ (930.00) REVISED BI TOTAL $ 299,390.00 $120,280.00 CO NO. 1 - Contract Total $ 1,464,704.00 CO NO. 1 TOTAL $ (930.00) Contract Adjustment -0.06% Page 164 of 176 Change Order No. 1 Item No. 8 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Friday, August 18, 2017 Original Contract Bid Item 1 29 30 31 33A 33B 34 Description 8 CIPP MH ICS MH JR MH L MISC CO1 MH DROP -0'-6' D36 - 'MN Unit LF EA EA EA LS EA LS Quantity 12,740 391 257 211 0 0 1 Bid Price $ 23.50 $ 310.00 $ 499.00 $ 945.00 $ - $ 1,650.00 $23,475.00 BI Totals $ 299,390.00 $121,210.00 $128,243.00 $199,395.00 $ - $ - $23,475.00 Contract Total l $ 1,465,634.00 Change Order No. 1 Bid Item 1 29 30 31 33A 33B 34 Description 8 CIPP MH ICS MH JR MH L MISC CO1 MH DROP - 0'-6' D36 - 'MN MH WORK DEDUCT DWG MH PRIVATE 22 18-02 (1) (1) PRIVATE 22 18-02-01 (1) PRIVATE 22 18-02-02 (1) PRIVATE 22 18-02-03 (1) MH WORK ADDITION DWG MH RPL Frame and Cover 11 05-02 $ 500.00 INSIDE DROP 13 13-10 1 RPL Frame and Cover 13 13-13-01 $ 500.00 RPL Frame and Cover 16 01-03-14 $ 500.00 RPL Frame and Cover 16 03-22 $ 500.00 RPL Frame and Cover 22 18-03-01 $ 500.00 RPL Frame and Cover 22 18-03 $ 1,966.25 RPL Frame and Cover 22 18-04 $ 1,966.25 RPL Frame and Cover 22 18-05 $ 1,966.25 RPL Frame and Cover 22 18-06 $ 1,966.25 RPL Frame and Cover 22 18-07 $ 1,966.25 RPL Frame and Cover 22 18-09 $ 1,966.25 RPL Frame and Cover 23 03-21 $ 500.00 RAISE MH RPL Frame and Cover 35 06-01 $ 2,000.00 BID ITEM QUANTITY CHANGES 0 -1 -1 -3 $16,797.50 1 0 PREVIOUS QUANTITIES 12,740 391 257 211 $ - 0 23,475 REVISED QUANTITIES 12,740 390 256 208 $ 16,7981 23,475 BID ITEM COST CHANGE $ - $ (310.00) $ (499.00) $ (2,835.00) $16,797.50 $ 1,650.00 $ REVISED BI TOTAL $ 299,390.00 $120,900.00 $127,744.00 $196,560.00 $16,797.50 $ 1,650.00 $23,475.00 CO NO. 1 - Contract Total l $ 1,480,437.50 CO NO. 1 TOTAL $ 14,803.50 Contract Adjustment 1.01% Page 165 of 176 CONTRACT CHANGE ORDER Owner: City of Waterloo Change Order No.: One (1) Project: FY 2017 CIP Pipelining Phase IIIA Location: Waterloo, IA Date: August 10th, 2017 City Project No.: 919 Contractor: Municipal Pipe Tool Co. LLC PO Box 398 Hudson, IA 50643 You are hereby requested to comply with the following changes from the contract plans and specifications: Justification: Costs associated with pipe segment from MH 17-01 to 20-01-01 not being 24" diameter as specified in the plans. The line starts at MH 17-01 as 27", then changes to 21". Also deduction for deletion of grouting laterals on 21" and 24" segments. Segment from MH 06-04 to 06-03 is 15", not 12" as specified on the plans. Item Nn Qty Description Unit Unit Price Ext Price CO -1 131 27" CIPP EA 170.00 22,270.001 CO -4 1 Additional charge for transition liner EA $ 6,500.00 6,500.00 CO -5 Fence removal and replacement at EA $ 880.00 880.00 1 MH 17-01 CO -6 MH Cone removal and replacement at EA $ 8,525.00 1 MH 17-01 Extra install due to not being able to CO -7 install MH 17-02 to 17-01 to 20-01-01 EA $ 1 as one install 10,000.00 8,525.00 10,000.00 CO -9 397 15" CIPP (06-04 to 06-03) EA $ 48.00 19, 056.00 Requested: Contractor: Municipal Pipe Tool Co. LLC Title: Proyc'c,L (104 yr Accepted: Owner: Title: City of Waterloo Dor--,(0 Date: 10-17 Date: Page 166 of 176 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 for a total increase of $6,000, in conjunction with the Hangar 5 Rehabilitation Project at the Waterloo Regional Airport and authorize the Mayor to execute said document. City Council Meeting: 8/28/2017 Prepared: 8/25/2017 REVIEWERS: Department Reviewer Action Date Airport Even, LeAnn Approved 8/25/2017 - 4:57 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Motion approving Change Order No. 2 for a total increase of $6,000, in conjunction with the Hangar 5 Rehabilitation Project at the Waterloo Regional Airport and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director Approve Change Order No. 2. for metal wall repairs. This change order provides for added repairs to the metal wall system on the existing hangar where metal has rusted near fasteners resulting in the metal siding pulling away from the building. In the areas of these fasteners, additional fasteners will be installed, these areas primed and the areas then sealed with a urethane sealant. The contractor will provide a workmanship and materials warranty for a period of 10 years after installation. $6,000. The funds for Change Order No. 2 will be derived from IDOT's Commercial Service Vertical Infrastructure Program (CSVI), and has no local match by the City of Waterloo. Policy Issue: Goal No. 4, and Strategy Nos. 4.1 and 4.5 Page 167 of 176 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes of July 2017. City Council Meeting: 8/28/2017 Prepared: 8/16/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 8/17/2017 - 9:58 AM Clerk Office Higby, Nancy Approved 8/22/2017 - 11:32 AM ATTACHMENTS: Description Type D Board Meeting Minutes July 2017 Cover Memo SUBJECT: Community Development Board Meeting Minutes of July 2017. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: approval Page 168 of 176 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING July 18, 2017 The regular meeting of the Community Development Board was held in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa and called to order by Chairperson -Robert Tyson when a quorum was present at 4:00 p.m. on Tuesday, July 18, 2017. Members present: Maxine Tisdale, Doreen Mingo, Philip Nash, Robert Tyson Members absent: Jason Verbraken, Lisa Munoz Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary, Jerome Amos; City Council, Tom Powers; City Council, Noel Anderson; CPD Director and Mark Boesen, Rehabilitation Manager. A. APPROVAL OF TIIE AGENDA Chairperson Robert Tyson asked for a motion to approve the amended agenda. It was moved by Tisdale, and seconded by Mingo to approve the amended Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON JUNE 20, 2017. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, June 20, 2017. There were none. It was moved by Tisdale, and seconded by Mingo to approve the minutes of the regular meeting on June 20, 2017 as presented. Motion carried. C. OLD BUSINESS 1. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). This project has passed the final inspection, the process to start the close out for this project has started. Ann Schmid will be visiting tomorrow to start that process. A small tour will be scheduled in the very near future. 2. Update on Staff Vacancies Interviews have been done for the Project Specialist and the Coordinator; Community Development will also be hiring administrative support for the lead grant and for a permanent Neighborhood Services Coordinator. D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for June 2017. It was moved by Tisdale and seconded by Mingo to endorse the rehabilitation contracts for June 2017. Motion carried. 2. Lead Grant Award Community Development was awarded the largest Lead Grant thus far- 2.9 million for a period of three years. A debriefing meeting will be coming up soon, as well as a meeting with BHCH. 3. Environmental Review Process (SFOOHAP) Mark Boesen attended the meeting to explain the policy changes for the Environmental Review Process in regards to eliminating repairs and rehabs in the flood zone with our programs.. He discussed the difficulty in monitoring those clients in regards to making sure they keep insurance on the property for the life of the property. It was moved by Nash and seconded by Tisdale to adopt the new policy for Community Development's Review Process. 4. Congratulations to Jon Martin -Employee of the Month for City of Waterloo Jon Martin was nominated for Employee of the Month for the month of July. He was also recognized at the council meeting the previous evening. E. DISCUSSION ITEMS 1. Community Reinvestment Workshop A formation of a Waterloo Housing Conference and meeting is scheduled for August 9 at the Center for the Arts. ADJOURN MEETING. Page 169 of 176 Minutes June 20, 2017 Page 2 With no further business it was moved by Mingo, and seconded by Nash to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, Ma ine Tisdale Board Secretary Page 170 of 176 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes, July 25, 2017. City Council Meeting: 8/28/2017 Prepared: 8/22/2017 REVIEWERS: Department Reviewer Action Date Airport Even, LeAnn Approved 8/23/2017 - 12:43 PM ATTACHMENTS: Description Type D Airport Board Meeting Minutes July 25,2017 Cover Memo SUBJECT: Airport Board Meeting Minutes, July 25, 2017. Submitted by: Submitted By:Keith Kaspari, Director of Aviation Page 171 of 176 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, July 25, 2017 I. ROLL CALL Chairperson, Hugh Field, called the meeting to order at 1.2:00 p.m. Board Members Present: Hugh Field, Steve Dust, Dr. Linda Allen, Chuck Needham, Scott Voigt and Gwenne Berry. .Board Members Absent: Arlene Humble. City Officials Present: Councilman Tom Lind and Councilman Steve Schmitt. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, .Airport Bookkeeper. Other Attendees: Doug Schindel, AECOM; Noel Anderson and Adrienne Miller, City Planning; David Deeds. AGENDA AS RECEIVED OR AMENDED Field stated that he'd like to amend the agenda to begin with introductions, due to this being the first meeting for four new Board members. Moved by Dust, seconded by Berry, to approve the agenda. Ayes: 5. Motion carried. IIL PUBLIC COMMENTS None. W. REPORTS A. Director's Report: Kaspari asked for questions on his written report. Hearing none, he stated that in addition to the information provided in Itern 12, that the contracts, bonds and insurance certificates (Pella Roofing and Plumb Tech) for the upcoming work on Hangar 5 and the General Aviation Terminal were approved at the July 24th Council meeting and work should begin very soon. There may be some ordering delays with the hangar lighting but all work should be complete by the end of September. B. Planning & Development Report: Board reviewed the Planning and Grant Development report. Kaspari stated that the contracts, bonds and insurance certificates (CroelI and Aspro) are being finalized and should be approved by Council soon. The notice to proceed will then be issued. C. Legislative Updates: Reviewed legislative updates from the American Association of Airport Executives. Kaspari stated that the FAA Reauthorization Bill seems to Dave been put on the back burner as Congress concentrates on health. care. 1 Page 172 of 176 AAAE is hoping for a Multi -Year Bill to fund the FAA, yet a Continuing Resolution is preferred by the Iowa Public Airports Association (IYAA.) which would be a better alternative than the passage of a bad bill. Also discussed the possibility of the privatization of Air Traffic Control, which for now, doesn't seem to be moving forward. D. Monthly Airport Reports: Board reviewed and discussed airline stats for June and year to date. Allen moved reports be received and placed on file, seconded by Dust. Ayes: 5. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of June 27, 2017 Regular Meeting. Minutes of the Jun 27, 2017 meeting were reviewed. Dust moved approval of the minutes, seconded by Allen. Ayes: 5. Motion carried. B. Motion to Receive and File June 2017 Expenses. All operating and capital expenses were reviewed. Moved by Dust, seconded by Berry, that expenses be received and placed on file. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Update: FAA Section 804. Nicholas Bird, Air Traffic Manager, Waterloo FAA ATCT. Nick Bird explained FAA Section 804 involves remote radar coverage by another airport, rather than the onsite tower. Some airports have already been notified they will be losing their radar capabilities. FAA has also started rolling out Next Generation radar equipment (STARS ELITE) to airports that will not be losing their radar capabilities. ALO has already started receiving some of this equipment and is scheduled to receive the bulk of it in October 2017. Once this equipment is delivered and installed we shouldn't have to worry about losing our radar. B. Update: Mid -Port .industrial. Park and Recent Parcel. Release at Wagner & Airline Highway. Noel Anderson, Community Planning & Development Director gave the Board an update on Mid -Port development plans and airport parcels that have recently been released for industrial development. C. Update: FAA FY -2017 Taxiway Charlie Rehabilitation, Runway Joint Repair and Airfield Painting. Kaspari and Schindel explained the scope of work to be completed this year and next spring. Kaspari stated that Council formally accepted the FAA grant last night to allow the project to begi n. 1). -Update: 1T)OT CSVI — Approval to Use FY -2016 Funds. Kaspari stated that IDOT has approved our request to use the remaining 2016 funds for additional work on Hangar 5. E. Update: IDOT-CSVI — FY -201.7 .Hangar No. 5 and GA Terminal Air Conditioning Improvements. Kaspari detailed the work to be done on l Iangar 5, including sealing the roof and replacing the gutters; interior and exterior replacement of lighting fixtures; and, replacing two of the three rooftop air conditioning units on the GA Terminal Building. Page 173 of 176 F. Update: IDOT-CSVI FY -2018 Estimated Allocation of Grant Funds. Board reviewed the expected allocation of CSVI. Funds for 2018. The state cut the funding by $600,000 so we expect to receive about $61,500, which is about $41,000 less than we have historically received. G. Update: Mid -Year 201.7 Review of Airport Parking Revenue. .Board reviewed YTD and historical parking revenue. Board also discussed the CIP funding coming from the city to replace the parking lot equipment. Kaspari stated that he is working on plans and specs. VII. NEW BUSINESS A. Welcome New Board Members and Election of Officers. Field stated that with the EAS bids coming up this fall, he would be willing to remain as Chair for one more year. Hearing no objections and no other nominations, election of Board Chair was skipped, leaving Field as Chair. Field asked for nominations for Vice Chair. Voigt nominated Dust. Ayes: 5. B. Volaire Aviation, Telephone Conference Call: "True Market Study and Leakage Analysis. Mike Lum from Volaire Aviation, joined the meeting via conference call, and shared his background in the aviation industry with the Board. Reviewing the draft copy of the study that Volaire prepared, Lunn stated that the numbers came out as expected for this size airport, as far as the percentage of passengers in the 11 county catchment area that are leaked to other airports. He then detailed some of the other statistics in the report. Kaspari asked Lum's opinion on what ALO should ask for to expand our service, Lum stated he feels ALO would do better with one daily flight to DFW (Dallas) and continue with 2 per day to ORD (Chicago) rather than 3 per day to ORD from American. if we receive a bid from United, we would do best with 1 per day to Denver and 2 per day to Chicago. Lum advised that the dialog with United should be started immediately, if we want to receive an. EAS bid from. therm. Volaire will streamline the information in the True Market Study to a 5-6 page airline -specific report to present to each airline (American and United). Lum will complete the final drafts of these reports in the next few days. VIII. STAFF AND BOARD MEMBER COMMENT IX. ADJOURNMENT Hearing no objections. Field adjourned the meeting at 1:25 p.m. Respectfully submitted, 3 Page 174 of 176 CITY OF WATERLOO Council Communication Communication from the Waterloo Waste Management Services Department on the notice of the conclusion of employment for Michael R. Broadhead, Assistant Director Collection Systems / Maintenance, effective August 25, 2017 with recommendation of approval of payout of $2,842.70 for unused benefits. City Council Meeting: 8/28/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 8/22/2017 - 12:06 PM ATTACHMENTS: Description Type ❑ Michael Broadhead Payout Backup Material SUBJECT: Communication from the Waterloo Waste Management Services Department on the notice of the conclusion of employment for Michael R. Broadhead, Assistant Director Collection Systems / Maintenance, effective August 25, 2017 with recommendation of approval of payout of $2,842.70 for unused benefits. Submitted by: Submitted By: Page 175 of 176 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 To: City Council Members Re: Notice of Severance Department Waste Management Services Today's Date: 8/2/2017 Effective Date: 8/25/2017 Employment Date: 5/1/2017 Job TitlelClassification Assistant Director Collection Systems/Maintenance This is to report that the employment of Michael Broadhead with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O Resigned • Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 38 $ 40.61 $1,543.18 Vacation -Current Usable Sick Leave 16 $ 40.61 25% $162,44 Frozen Sick Leave Personal Hours 28 $ 40.61 $ 1,137.08 Comp Time Pay Unscheduled Leave Birthday $ 2,842.70 Zi � Human Resources czrApproved by Date Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals ❑Status ❑-9 Updated 6/28/11 Page 176 of 176