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Council Packet - 5/22/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, May 22, 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 141 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Tom Lind, Council Member At Large Agenda, as proposed or amended. Minutes of May 15, 2017, Regular Session, as proposed. Minutes of May 17, 2017, Special Session, as proposed. Proclamation declaring May 27, 2017 as 105.7 KOKZ Fourth Street Cruise Day Proclamation declaring May 21 - 27, 2017 as Emergency Medical Services Week Proclamation declaring May 21 - 27, 2017 as National Public Works Week ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution rescinding Resolution No. 2017-316, resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for one (1) service truck for the Sewer Department. Submitted By: Sandie Greco, Interim Public Works Director 3. Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for salvaged asphalt crushing project and instruct City Clerk to publish said notice. Submitted By: Sandie Greco, Interim Public Works Director 4. Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for the purchase of two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. Submitted By: Sandie Greco, Interim Public Works Director Page 2 of 141 5. Resolution approving request of Clarissa Kunz for a waiver for a concrete approach located at 135 Midlothian Blvd., and approve eliminating the sidewalk section and using a stamped pattern on the outer edge of the approach. Submitted By: Eric Thorson, PE, City Engineer 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as June 8th, 2017 and date of public hearing as June 12, 2017, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and instruct City Clerk to publish said notice. Submitted By: Mark A. Boesen, Manager of Rehabilitation Services/Building Maintenance 7. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Sunday, August 27th, 2017 from 8:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Ave., with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Submitted By: Joe Leibold, Captain Police Services 8. Resolution setting a date of public hearing as June 5, 2017 for the sale and conveyance of city owned property located near 751 West Donald Street to Walt Tournier, in the amount of $264.10 plus costs, and authorize City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Thad Childers/Lab Tech and Howard Brooks/Operator Class/Meeting: Annual Wastewater Conference Destination: Kirkwood Continuing Education Center - Cedar Rapids, IA Dates: July 24-25, 2017 Amount not to exceed: $270.00 b. Mayor Quentin Hart Class/Meeting: Cedar Valley Coalition Destination: Washington, D.C. Dates: June 12-14, 2017 Amount not to exceed: $2,325.00 2. LIQUOR LICENSES a. Fraternal Order of Eagles, Waterloo Aerie #764, 202 E. 1st Street **Ownership Update** Class: A Liquor New Application Includes Sunday Expiration Date: 6/30/2018 b. Hy -Vee #4, 4000 University Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/15/2018 c. Scoreboard Bar & Grill, 814 La Porte Road Page 3 of 141 Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2018 3. APPOINTMENTS a. Gregory Young Board/Commission: Complete Streets Advisory Committee Expiration Date: None New Appointment 4. Bonds. PUBLIC HEARINGS 2. FY 2018 Sidewalk Inspection and Repair Program - Zone 7. 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 proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 3. FYE 2017 Budget Amendment. 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 FYE 2017 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer 4. Salvaged Asphalt Crushing. Public hearing cancelled due to bid being rejected. Submitted By: Sandie Greco, Interim Public Works Director 5. Sale and conveyance of city owned property located north of 3488 Wagner Road, to Mathias Properties, LLC. 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 from Planning and Zoning Commission. Resolution approving sale and conveyance of city owned property located north of 3488 Wagner Road in the amount of $30,000 plus up to $5,000 in city costs, to Mathias Properties, LLC. Resolution approving a Development Agreement with Mathias Properties, LLC for the sale and rehab of property located north of 3488 Wagner Road and authorizing Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planing & Development Director RESOLUTIONS Page 4 of 141 6. Resolution approving parking on the north side of the 200 block of National Drive from Bellaire Road to the driveway of 236 National Drive during the construction and closure of Bellaire Road. Submitted By: Sandie Greco, Interim Public Works Director 7. Resolution approving permanent easement agreement with Friends of the Faith Retirement Homes, Inc. for the purpose of construction, maintenance and repair of a storm sewer related to the W. 9th Street Reconstruction project. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving a request by Crossroads Realty, LLC for the final plat of Crossroads Plat No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving a professional services agreement between the City of Waterloo and HR Green Company for the former Chamberlain site redevelopment planning in an amount not to exceed $60,000, and authorize the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution terminating exiting lease with Kristen Johnston and approving new lease with Robby Wagner to lease eight (8) acres of city owned property along Bishop Avenue south of the Blowers Creek drainage way for $600 per year for one (1) year with option to renew for one (1) year. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution accepting proposal from Terracon for materials testing and construction observation services in conjunction with the FY2017 Northeast Industrial Park Site Grading Project, and authorize Engineering to execute said proposal. Submitted By: Jeff Bales, Associate Engineer 12. Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access and stop loss and authorize Mayor and City Clerk to execute said documents. Submitted By: Jim Rodemeyer, Interim Human Resource Director 13. Resolution approving a 2.65 percent salary increase for non -bargaining employees effective July 1, 2017. Submitted By: Jim Rodemeyer, Interim Human Resources Director 14. Resolution affirming the sale of and limiting the use of fireworks in the City of Waterloo, Iowa during the period of June 30, 2017 to July 4, 2017. Submitted By: Kelley Felchle, City Clerk 15. Resolution establishing a local taxpayer bill of rights for residents of the City of Waterloo, Iowa. Submitted By: Council Members Tom Lind, Bruce Jacobs, and Steve Schmitt Page 5 of 141 ORDINANCES 16. An ordinance prohibiting the use of fireworks on city property. Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 7 Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 5 Use of Weapons, Fireworks, Subsection A, Weapons, Explosives, Fireworks, Etc., by prohibiting the use of fireworks on city property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk 17. Enacting a new Title 5, Police Regulations, Chapter 4 Convenience Store Security. Motion to receive, file, consider and pass for the second time an ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience Store Security. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Dan Trelka, Chief of Police OTHER COUNCIL BUSINESS 18. Motion approving Change Order No. 2 for a net increase of $109,888.00 for the FY 2016 Street Reconstruction Program, Contract No. 898; and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:15 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Building & Grounds, Harold E. Getty Council Chambers 4:55 p.m. Boards and Commissions, Harold E. Getty Council Chambers 5:00 p.m. Human Resource Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Minutes April 18, 2017. Page 6 of 141 CITY OF WATERLOO Council Communication Minutes of May 15, 2017, Regular Session, as proposed. City Council Meeting: 5/22/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/17/2017 - 11:17 AM ATTACHMENTS: Description Type D Minutes of May 15, 2017 Backup Material Submitted by: Submitted By: Page 7 of 141 May 15, 2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 15, 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: Ron Welper, Ward 5 Council Member. 145423 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 15, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145424 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 8, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Sue Beach, Blue Zones Project, explained that May is bicycling month and that this week is bicycling week and May 19th is bike to work day. She invited everyone in the community to participate in the event and provided a history of the event. David Dryer, 3145 W. 4th Street, commented that he asks questions at meetings so that the public can know the answers. He further questioned the costs of the tree removal project, how much equipment the city owns, what happens to the old equipment, and would like to have an answer in public as well. Mayor Hart questioned if it would be possible to work together on the answer. The city possesses a lot of equipment, from vehicles to ice melt. David Dryer confirmed. Paul Huting, Leisure Services Director, commented that he can get the information to Mr. Dryer. Forest Dillavou, 1725 Huntington Road, commented that his family is not going to pay for Mediacom Services and questioned why the city is planning to spend money on technology updates to the Public Access Studio. Mayor Hart commented that the city did not give money to Mediacom last week but that money was used to upgrade our technology to high definition so that council meetings can be viewed clearly on the internet and on television. Josh Wilson, 525 Southeast Prairie Park Lane, Waukee, Iowa, commented that he is excited to see the Lou Henry Hoover Sculpture Park project come to fruition. He further commented that he hopes to see the city ban fireworks on public property. 145425 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145426 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Page 8 of 141 May 15, 2017 Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated May 15, 2017, in the amount of $2,580,525.32 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. 2017-362. 2. Resolution approving request of Tony Barker for a waiver for a concrete driveway located at 205 Ogden Avenue and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right of way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2017-363. 3. Resolution setting date of public hearing as June 5, 2017, for a request by Waterloo Home Corporation 700, Inc. to vacate a utility easement over a former platted alley located at 1955 Locke Avenue, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-364. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as June 1, 2017 and date of Public Hearing as June 5, 2017, for the General Aviation Terminal Building HVAC Replacements via the IDOT Commercial Service Vertical Infrastructure Project, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-365. 5. Resolution approving the preliminary plans, specifications, and form of contract, etc. and setting the date of bid opening as June 1, 2017, and date of public hearing as June 5, 2017 in conjunction with the Waterloo Regional Airport Hangar No: 5 Rehabilitation, and instruct the City Clerk to public said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-366. 6. Resolution approving request of Brian Helmeichs for a Variance to the Noise Ordinance on July 8, 2017 from 12:00 p.m. to 10:00 p.m. to hold the Save the Exchange Skate Park Music & Arts Festival, located at 707 Park Road, inside the Skate Park, along with live bands and a PA system. Resolution adopted and upon approval by Mayor assigned No. 2017-367. b. Motion to approve the following: 1. 2. a. a. b. c. d. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Tom Powers, Ward 1 Council Member Cedar Valley Coalition Washington, D.C. June 13- 14, 2017 $350 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Brighouse Bar & Grill, 307 W. 5th Street C Liquor w/Outdoor Service Renewal 5/13/2018 x Majestic Moon, 1955 Locke Avenue C Liquor Renewal 5/01/2018 x Ray's Supermarket, 1975 Franklin Street *Ownership Update* E Liquor License New 3/2/2018 Screaming Eagle American Bar & Grill, 228 E. 4th Street C Liquor License w/Outdoor Service Renewal 4/20/2018 x Page 9 of 141 May 15, 2017 Page 3 e. Smittys Bar, 709 Jefferson Street C Liquor License w/Outdoor Service Renewal 5/26/2018 x 3. Motion to approve application for Fireworks Display at Hawkeye Community College, 1501 E. Orange Road, for the American Cancer Society Relay for Life event on June 16, 2017 from 10:00 p.m. to 10:20 p.m. 4. Motion to approve application for Fireworks Display for The VGM Group for the VGM Heartland Conference 2017 at Park Avenue Bridge, on Monday, June 12, 2017, at approximately 9:30 p.m. and lasting approximately 30 minutes. 5. Motion to approve application for Fireworks Display at Waterloo Bucks home games, Riverfront Stadium, 8500 Park Rd, on June 2, 7, 30; July 1, 4, 8, 14, 22, 29; and August 4, 12, 2017, lasting 5-10 minutes after ball the ball game ends. Mr. Schmitt motioned and Mr. Morrissey seconded a motion to consider item 1B1A separately. Mayor Hart ruled that the item be removed from the Consent Agenda and considered separately. No vote was taken on the item. Roll call vote -Ayes: Seven. Motion carried 145427 - Morrissey/Amos Motion to approve Travel Request for Council Member Tom Powers to attend Cedar Valley Coalition with an amount not to exceed $350. Roll call vote -Ayes: Four. Nay: Two. (Lind and Schmitt.) Abstain: One. (Powers). Motion carried. Mr. Schmitt commented that the city has never voted to send a city council member to this event. Mr. Jacobs requested more information on how the trip, if approved, would benefit the city. Mayor Hart explained the benefits of attending the Cedar Valley Coalition. Mr. Schmitt commented that just because money is available in the budget, does not necessarily mean it needs to be spent. Mr. Morrissey commented that he believes that funds are budgeted for a purpose and that council should be allowed to travel, learn, and bring back information to the city. Mr. Lind read an email from a taxpayer speaking against approving the request. Mr. Schmitt commented that businesses are traveling less and local government should as well. Mr. Amos commented that he believes the request will provide a benefit to Waterloo and that he supports the item. Mr. Powers commented that he appreciates the conversation surrounding the item, that he intends to travel regardless of whether or not the item is approved, and believes there is a general misperception of what happens on these types of trips. He further commented that he would ask that the item be withdrawn and he will pay for the registration. 145428 - Powers/Schmitt Motion to remove item 1B1A from the agenda. Roll call vote -Ayes: Two. Nay: Five (Morrissey, Powers, Amos, Welper, Jacobs ). Motion failed. Mr. Jacobs commented that a vote on the item should take place. PUBLIC HEARINGS Page 10 of 141 May 15, 2017 Page 4 Mayor Hart announced the public hearing to purchase two (2) compact pickup trucks for the Engineering Department was cancelled due to no bids being received. 145429 - Schmitt/Morrissey that proof of publication of notice of public hearing on Purchase of one (1) salt brine blender with automated truck fill for the Street Department, as published in the Waterloo Courier on May 5, 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. David Dryer, 3145 W. 4th Street, questioned if this is the second salt blender purchased and how are old equipment being disposed of. Sandie Greco, Interim Public Works Director, explained that the setting date of the hearing was on the agenda a couple weeks ago, that the old one was homemade but corroded, and will be scrapped. 145430 - SchmittlWelper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145431 - SchmittlWelper 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. 2017-368. 145432 - SchmittlWelper that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-369. 145433 - Schmitt/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $55,000 Bidder Bid Amount Henderson Products Manchester, IA $52,943 Voice vote -Ayes: Seven. Motion carried. 145434 - Schmitt/Morrissey Resolution approving award of contract with Henderson Products of Manchester, Iowa in the amount of $52,943, for the purchase of one (1) salt brine blender with automated truck fill for the Street Department and authorize Mayor and City Clerk to execute said documents. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-370. RESOLUTIONS 145435 - Morrissey/Amos that "Resolution approving a request by Crossroads Realty, LLC for the preliminary plat of Crossroads Plat No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard", be adopted. Roll call vote -Ayes: Seven. Motion carried. Page 11 of 141 May 15, 2017 Page 5 David Dryer, 3145 W. 4th Street, questioned building a strip mall by the mall and if it is in a TIF District. Noel Anderson, Community Planning and Development Director, explained that the request is by the owner of the mall and is in the Crossroads TIF District. Resolution adopted and upon approval by Mayor assigned No. 2017-371. 145436 - Morrissey/Amos that "Resolution establishing the minimum technological standards for installation and maintenance of a video surveillance system as required by Waterloo Municipal Code Title 5, Chapter 4", be adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. Mayor Hart requested an overview of the item. Mayor Hart stepped out at 6:13 p.m. Dan Trelka, Chief of Police, explained that this resolution would establish the technological threshold business should utilize. Mayor Hart returned at 6:14 p.m. Mr. Lind questioned why this is being done by resolution. Dan Trelka explained that the technology changes rapidly and this will allow the city to keep up with the changes. Resolution adopted and upon approval by Mayor assigned No. 2017-372. 145437 - Lind/Morrissey that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa in the amount of $221,066.00, and approving the contract, bonds, and certificate of insurance for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-373. 145438 - Lind/Morrissey that motion approving final quantity adjustment for a net decrease of $734.20, for the FY 2017 Leisure Services Sanitary Sewer Extension, Contract No. 925 and authorize the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Motion carried. 145439 - Schmitt/Amos that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Benton's Sand & Gravel, Inc., of Waterloo, Iowa, at a total cost of $41,640.80 for the F.Y. 2017 Leisure Service Sanitary Sewer Extension, Contract No. 925, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-374. 145440 - Schmitt/Amos that "Resolution authorizing Traffic Operations Department to place temporary yield signs on Lawnhill Street and Drexel Street due to reconstruction on Fletcher Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-375. ORDINANCES Page 12 of 141 May 15, 2017 Page 6 145441 - Morrissey/Amos that "an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience Store Security," be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. Al Manning, Sub City, 3045 Kimball Avenue, explained that he would like to see the city vote no on the ordinance. He thanked employees and council for their work on the ordinance but recommended that the city work with business owners on an individual basis rather than pass an ordinance and enforce the regulation on business owners city wide. Todd Obadal, 124 Amity Drive, commented that he is concerned about language in sections 5-4-7C, 5-4-2I, 5-4-6, and 5-4-3G, and believes these sections need to be looked at more prior to passing the ordinance. Brian Helmrichs, 1615 Huntington Road, expressed that the cameras would protect both the patrons of businesses and business owners and that a business has a responsibility to the public to create a safe environment. David Dryer, 3145 W. 4th Street, commented that the city should look at public safety cameras in high crime areas instead of surveillance cameras in businesses. He further questioned if the cameras will be required to be high definition. Don Share, 1415 Downing Avenue and University Avenue Dairy Queen, commented that he does not feel that the city should be able to tell him that he needs to get a certain type of camera in his store. He further questioned why hotel/motel owners were excluded. Chief Trelka explained that the ordinance is very forgiving and watered down and the ordinance legitimizes what is occurring at many businesses. The cameras that are currently in place at businesses are helping to solve crimes. Lt. Greg Fangman, explained that hotel/motels were excluded from the ordinance because the focus is primarily on cash businesses. Tom Kneeland, 325 Cornwall Avenue, questioned if businesses with existing security cameras could be grandfathered in and exempted from upgrading their systems. Lt. Fangman explained that it was discussed and they chose to not do that. Bill Baker, 1614 Woodmayr, explained that having high quality cameras in and outside the business helps prevent theft and crime occurring inside and outside of the business. Josh Wilson, Waukee, IA, commented that a council member's car was vandalized during a public forum and that the cameras in city hall did not cover the crime and that the city should upgrade its system as well. Chief Trelka commented that the cameras do cover the parking lot. Mr. Jacobs commented that he believes that the ordinance is unfriendly to businesses as it adds an additional expense to businesses and should be up to them to add the cameras. 145442 - Lind/Schmitt Motion to amend Chapter 5-4-2 Section 1, by adding a new definition as letter o. "Principal City Vertical Infrastructure" all principal city facilities that the public frequently visits. Roll call vote - Ayes: Seven. Motion carried. Mr. Amos questioned adding in the city buildings but exempting hotel/motels. Mr. Morrissey questioned if cameras currently exist at city facilities. Page 13 of 141 May 15, 2017 Page 7 Paul Huting, Leisure Services Director, explained that the SportsPlex has security cameras but Young Arena does not. The golf pro shops are operated as private businesses and is unsure which have cameras. Mr. Powers commented that he is in favor of the amendment. Forest Dillavou, 1725 Huntington Road, commented that the taxpayers should be notified prior to passing the ordinance. Mr. Jacobs commented that the ordinance is burdensome to businesses and is not in favor of the ordinance. 145443 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Amos, Schmitt, Welper, Jacobs, Morrissey, Powers, Lind). Motion failed. ADJOURNMENT 145444 - Morrissey/Welper that the Council adjourn at 6:52 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 14 of 141 CITY OF WATERLOO Council Communication Minutes of May 17, 2017, Special Session, as proposed. City Council Meeting: 5/22/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/18/2017 - 11:04 AM ATTACHMENTS: Description Type D Minutes of May 17, 2017 Cover Memo Submitted by: Submitted By: Page 15 of 141 May 17, 2017 The City Clerk of the City of Waterloo, Iowa, met in the City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa, at 10:00 a.m. on Wednesday, May 17, 2017, to receive bids and refer the sale of $9,245,000 General Obligation Bonds, Series 2017A, to the best and most favorable bidder for cash, subject to approval of the City Council at 4:30 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer; and Larry Burger, Vice President of Speer Financial, Inc., Maggie Burger, Vice President of Speer Financial, Inc., and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of $9,245,000 General Obligation Bonds, Series 2017A, the City Clerk announced the following bids were received: Name of Bidder 1. Raymond James & Associates, Inc., of Chicago, IL 2. Piper Jaffray, of Leawood, KS 3. Stifel Nicolaus, Birmingham, AL 4. Robert W. Baird & Co., of Milwaukee, WI 5. D. A. Davidson & Co., of Denver, CO 6. FTN Financial Capital Markets, of Memphis, TN 7. Northland Securities, Inc., of Minneapolis, MN True Interest Rate 2.2123% 2.2235% 2.2478% 2.2562% 2.2672% 2.2963% 2.3438% The best bid was determined to be as follows: Raymond James & Associates, Inc., of Chicago, IL at a True Interest Rate of 2.2123%, Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 4:30 p.m. in the Council Chambers on May 17, 2017. May 17, 2017 The City Clerk of the City of Waterloo, Iowa, met in the City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa, at 10:30 a.m. on Wednesday, May 17, 2015, to receive bids and refer the sale of $3,600,000 General Obligation Bonds, Taxable Series 2017B, to the best and most favorable bidder for cash, subject to approval of the City Council at 4:30 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer; and Larry Burger, Vice President of Speer Financial, Inc., Maggie Burger, Vice President of Speer Financial, Inc., and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of $3,600,000 General Obligation Bonds, Taxable Series 2017B, the City Clerk announced the following bids were received: Name of Bidder 1. Northland Securities, Inc., of Minneapolis, MN 2. Robert W. Baird & Co., of Milwaukee, WI 3. Piper Jaffray, of Chicago, IL 4. BOK Financial Securities, Inc., of Menomonee Falls, WI True Interest Rate 2.9826% 2.9831% 3.0249% 3.0503% The best bid was determined to be as follows: Northland Securities, Inc., of Minneapolis, MN at a True Interest Rate of 2.9826%. Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 4:30 p.m. in the Council Chambers on May 17, 2017. May 17, 2017 The City Clerk of the City of Waterloo, Iowa, met in the City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa, at 11:00 a.m. on Wednesday, May 17, 2015, to receive bids and refer the sale of $8,100,000 General Obligation Bonds, Taxable Series 2017C, to the best and most favorable bidder for cash, subject to approval of the City Council at 4:30 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer; and Larry Burger, Vice President of Speer Financial, Inc., Maggie Burger, Vice President of Speer Financial, Inc., and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of $8,100,000 General Obligation Bonds, Taxable Series 2017C, the City Clerk announced the following bids were received: Name of Bidder True Interest Rate 1. PNC Capital Markets, of Philadelphia, PA 3.2226% Page 16 of 141 May 17, 2017 2. Robert W. Baird & Co., of Milwaukee, WI 3. Northland Securities, Inc., of Minneapolis, MN 4. Fifth Third Securities, of Cincinnati, OH 5. BOK Financial Securities, of Menomonee Falls, WI 3.2249% 3.2292% 3.2467% 3.2723% Page 2 The best bid was determined to be as follows: PNC Capital Markets, of Philadelphia, PA at a True Interest Rate of 3.2226%. Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 4:30 p.m. in the Council Chambers on May 17, 2017. May 17, 2017 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Harold E. Getty Council Chambers, Waterloo, Iowa, at 4:30 p.m., on Wednesday, May 17, 2017. Mayor Quentin Hart in the Chair. Roll Call: Morrissey, Powers, Amos, Schmitt, and Welper. Absent: Jacobs and Lind. 145445 - Welper/Schmitt that the Agenda, as proposed, for the Special Session on Wednesday May 17, 2015, at 4:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. Michelle Weidner, Chief Financial Officer, requested the agenda be amended to move the resolution to the end of the agenda. 145446 - Morrissey/Amos to amend the agenda by moving "Resolution to authorize the issuance of said bonds and levying a tax to pay said bonds, and the Continuing Disclosure Certificate," to the end of the agenda. Voice vote -Ayes: Five. Motion carried. 145447 - Welper/Schmitt that copies of Call for the Special Session on Wednesday, May 17, 2015, at 4:30 p.m., be received and placed on file. Voice vote -Ayes: Five. Motion carried. BOND SALE 145448 - Morrissey/Welper that proof of publication of Notice of Sale on consideration of the proposition of issuance of not to exceed $9,245,000 General Obligation Bonds, Series 2017A, as published in the Waterloo Courier on May 12, 2017, be received and placed on file. Voice vote -Ayes: Five. Motion carried. Maggie Burger, Speer Financial, provided an overview of the bidding process, the rating received by Moody's Investment Services, and bids received for series 2017A. The 2017A series lowest bidder was Raymond James with an interest rate of 2.2123 percent and purchase price of $9,680,364.85. She then explained that the 2017 B series brought a low bid from Northland Securities with an interest rate of 2.9826 percent with a purchase price of $3,573,651.50. The 2017C series are taxable urban renewal bonds for a development grant with the TechWorks project. The low bid was from PNC Capital Markets with an interest rate of 3.222693 percent and purchase price of $8,052,951.30. Mr. Schmitt questioned the goal of having 25% of reserves and if the city has met the goal. Michelle Weidner, Chief Financial Officer, explained that in 2001 the reserves were at 5% and have maintained 20% over the last few years. Maggie Burger explained that Moody's harps on reserves and AAA rated municipalities have 50% reserves. They utilize a score card for demographics, debt, cash reserves, pension, etc. The score card is used in the committee meeting to determine the final rating. Moody's also watches everything the city does and has Google alerts on the city and factors these things in when determining the rating. Page 17 of 141 May 17, 2017 Page 3 Mayor Hart commented that Moody's was also interested in household income, having an adopted strategic plan, and the successes of downtown. They also commented on the fact that the city is simultaneously growing on the outskirts and rebuilding in areas hit hard by economic downturn. Mr. Schmitt questioned if the Iowa bond ratings would be falling due to pensions. Maggie explained that was an article not written by Moody's or S&P but rather an outside source. A downgrade has not yet happened and that Iowa is much better off in a pension and liability standpoint than other states. She further explained that many of the pensions are outside the city's control. 145449 - Morrissey/Powers that "Resolution directing sale of $9,245,000 General Obligation Bonds, Series 2017A to Raymond James & Associates, Inc., of Chicago, IL at a True Interest Rate of 2.2123 percent", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-376. 145450 - Morrissey/Powers that proof of publication of Notice of Sale on consideration of the proposition of issuance of not to exceed $3,600,000 General Obligation Bonds, Taxable Series 2017B, as published in the Waterloo Courier on May 12, 2017, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 145451 - Morrissey/Amos that "Resolution directing sale of $3,600,000 General Obligation Bonds, Taxable Series 2017B to Northland Securities, Inc., of Minneapolis, MN at a true interest rate of 2.9826 percent", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-377. 145452 - Morrissey/Powers that proof of publication of Notice of Sale on consideration of the proposition of issuance of not to exceed $8,100,000 General Obligation Bonds, Taxable Series 2017C, as published in the Waterloo Courier on May 12, 2017, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 145453 - Morrissey/Amos that "Resolution directing sale of $8,100,000 General Obligation Bonds, Taxable Series 2017C to PNC Capital Markets, of Philadelphia, PA at a true interest rate of 3.2226 percent", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-378. 145454 - Welper/Morrissey that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2009A, of the City of Waterloo, Iowa, dated June 24, 2009, and directing the Notice of Redemption for the above-named issue", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-379. ADJOURNMENT 145455 - Morrissey/Welper that the Council adjourn at 5:05 p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle Page 18 of 141 May 17, 2017 City Clerk Page 4 Page 19 of 141 CITY OF WATERLOO, IOWA WHEREAS, Y HEgEAS, WHEREAS, PROCLAMATION as a way of bringing back the fun of sock hops and "Cruisin' Fourth Street", a group of yesteryear cruisers began the Fourth Street Cruise; and each year approximately 15,000 people attend the cruise; and the cruise gives those who love their vintage cars and trucks an opportunity to show them off, while providing a fun -filled day of activities for all our citizens; and the 36th Annual 105.7 KOKZ Fourth Street Cruise Show & Shine Car Show will be held at the National Cattle Congress from 5:00 p.m. until 9:00 p.m. on Friday, May 26, 2017; and this year's cruise, the 36th annual event, will be held Saturday, May 27, 2017, from 12:00 noon to 4:00 p.m. in downtown Waterloo. NOW iTHEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim Saturday, May 27, 2017, as 105.7 KOKZ FOURTH STREET GUISE DAY and urge all citizens and visitors to come to downtown Waterloo to enjoy all the activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 22"d day of May 2017. ATTEST: Kelley Fe hie City Clerk Quentin Hart Mayor Page 20 0 LJ' CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, emergency medical service is a vital public service; and WHEREAS, access to quality emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or WHEREAS, and a third of Americans rate their households as being "very well prepared" for a medical emergency and emergency medical service providers have traditionally served as a safety net of America's health care; and WHEREAS, emergency medical service teams consist of emergency medical physicians, emergency nurses, emergency medical technicians, paramedics, fire fighters, educators, administrators; and WHE EM, the members of emergency medical teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills. NOW, THEREFORE, BE 1T RESOLVED that I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of May 21-27, 2017, as URGENCY MEDICAL SERVICES WEEK in Waterloo, Iowa, and that we appreciate and commend our Emergency Medical Services personnel and their special role in alleviating the misfortunes of our citizens in need. IN WITNESS WHEREOF, I hereunto have set my hand and caused the Official Seal of the City of Waterloo, Iowa to be affixed this 22nd day of May 2017. ATTEST: J6) Kelley Fel 'u le City Clerk Quentin Hart Mayor Page 21 0 CITY OF WA1tRLOO, IOIl% PROCLAMATION IIHE.R AS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, S, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. No'W, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of May 21 — 27, 2017 as NATIONAL PUBLIC WORKS WEEK in the City of Waterloo, Iowa, and call upon all citizens and civic organisations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. IN WITNESS WIEIREOF, I have hereunto set my hand and caused the seal of the City of Waterloo, Iowa to be affixed this 22nd day of May 2017. Attest: Kelley Fel City Clerk e Quentin Hart Mayor age 22 CITY OF WATERLOO Council Communication Resolution rescinding Resolution No. 2017-316, resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for one (1) service truck for the Sewer Department. City Council Meeting: 5/22/2017 Prepared: 5/15/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 5/15/2017 - 4:19 PM ATTACHMENTS: Description Type ❑ Resolution to rescind Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Resolution rescinding Resolution No. 2017-316, resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for one (1) service truck for the Sewer Department. Submitted By: Sandie Greco, Interim Public Works Director Rescind Resolution Resolution No. 2017-316 awarded the bid for the purchase of one truck for the Sewer Department. The Interim Public Works Director received an updated bid for an aluminum body which is lighter and will not rust, for an additional $1,222.50. The additional amount for the aluminum body is still less than the other three bids received. Resolution No. 2017-351 awarded the bid to Pritchard Auto including the additional $1,222.50 for a total of $119,016.50. The original resolution needs to be rescinded so it does not appear two trucks were purchased for the Sewer Department. None Page 23 of 141 LEANN EVEN From: SAN DIE GRECO Sent: Wednesday, May 03, 2017 8:02 AM To: KELLEY FELCHLE; LEANN EVEN; Nancy Higby Subject: Agenda Item Importance: High Good Morning, Could I change the amount on the award of bid for the Sewer Truck from $117,794.00 to $119,016.50? The vendor notified me that I could order an aluminum body which is lighter and will not rust for $1,222.50 more which still makes the bid less than the other 3 that were received. Sandie Leve Interim Public Works Director City of Waterloo 625 Glenwood Street Waterloo, Iowa 50703 319-291-4440 — office 319-291-4094 — FAX sandie.grecoPwaterloo-ia.org 1 Page 24 of 141 LEANN EVEN From: SANDIE GRECO Sent: Wednesday, May 03, 2017 9:55 AM To: LEANN EVEN; Nancy Higby Subject: FW: City of Waterloo Bid Hello, This is the email I received for documentation of the difference in price from steel to aluminum. Is this enough information? Thanks! Sandie qteed Interim Public Works Director City of Waterloo 625 Glenwood Street Waterloo, Iowa 50703 319-291-4440 — office 319-291-4094 -- FAX sandie.grecoCa7waterloo-ia.org From: Brady Christianson [mailto:BChristianson(astellartt.com] Sent: Tuesday, May 02, 2017 4:53 PM To: SANDIE GRECO Subject: RE: City of Waterloo Bid Oh sure, The difference in price from the steel to aluminum is $1,222.50. The only thing that would change would be the body line item. It will utilize all the same equipment. Brady Christianson Sales Representative Stellar Truck & Trailer 822 5 Taft / Mason City, IA 50401 855-423-7107 / Cell: 641-860-1911 Our People. Our Products. STELLAR" TRUCK & TRAILER From: SANDIE GRECO [mailto: SAN DIE.GRECO(aWATERLOO-IA.ORG] Sent: Tuesday, May 02, 2017 4:49 PM 1 Page 25 of 141 CITY OF WATERLOO Council Communication Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for salvaged asphalt crushing project and instruct City Clerk to publish said notice. City Council Meeting: 5/22/2017 Prepared: 5/18/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 5/3/2017 - 2:03 PM ATTACHMENTS: Description Type ❑ Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for salvaged asphalt crushing project and instruct City Clerk to publish said notice. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval We received one bid from Peterson Contractors, Inc. which was rejected as it far above our estimate. I would like to put the project out for bid again to have a new public hearing on June, 5, 2017. $59,000.00 266-19-7100-1511 The City has salvaged and stockpiled asphalt from various streets and projects in the local area. Approximately every 2 years asphalt grinding is necessary. Page 26 of 141 Bid Tab May 18, 2017 Salvaged Asphalt Crushing Estimate: $59,000 Bidder Bid Security Bid Amount Peterson Contractors, Inc. Reinbeck, IA 5% $86,950.00 Page 27 of 141 CITY OF WATERLOO Council Communication Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for the purchase of two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/17/2017 - 11:27 AM SUBJECT: Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for the purchase of two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Page 28 of 141 CITY OF WATERLOO Council Communication Resolution approving request of Clarissa Kunz for a waiver for a concrete approach located at 135 Midlothian Blvd., and approve eliminating the sidewalk section and using a stamped pattern on the outer edge of the approach. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/17/2017 - 11:23 AM Clerk Office Even, LeAnn Approved 5/17/2017 - 3:27 PM ATTACHMENTS: Description Type D DW Waiver 135 Midlothian Blvd Cover Memo SUBJECT: Resolution approving request of Clarissa Kunz for a waiver for a concrete approach located at 135 Midlothian Blvd., and approve eliminating the sidewalk section and using a stamped pattern on the outer edge of the approach. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommendation of approval by the City Engineer. 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: SOUTH PROSPECT ADDITION LOT 19 Page 29 of 141 AIVER Date: 5/1\ /Z7Cit Honorable Mayor and City Council City Hall Waterloo, IA 60703 Council Persons: I hereby request a waiver t• the driveway and sidewalk specifications for the construction of a C concret= or asphalt) / 35 /614,4;i, Sf9o/ driveway or sidewalk located at (Address) This waiver is needed because of: Xspecial surface texture to be used on the concrete approach (i.e., exposed aggregate, brick Mfi elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: stamped pattern, paving brick). 1 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 accordingto 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, 1 s_ jLfl7- Printed Name of Property er nature of Property Own Page 30 of 141 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date ofbid opening as June 8th, 2017 and date ofpublic hearing as June 12, 2017, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and instruct City Clerk to publish said notice. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/17/2017 - 11:04 AM Clerk Office Even, LeAnn Approved 5/17/2017 - 3:35 PM SUBJECT: Submitted by: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date ofbid opening as June 8th, 2017 and date ofpublic hearing as June 12, 2017, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and instruct City Clerk to publish said notice. Submitted By: Mark A. Boesen, Manager of Rehabilitation Services/Building Maintenance Summary Statement: Plans prepared by AE C O M Technical Services. Expenditure Required: T B D Source of Funds: GO Bonds, FY 2015 and FY 2016 Page 31 of 141 CITY OF WATERLOO Council Communication Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Sunday, August 27th, 2017 from 8:00 to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Ave., with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department P olice Department Clerk Office ATTACHMENTS: Description D Request SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Leibold, Joe Even, LeAnn Action Approved Approved Type Cover Memo D ate 5/17/2017 - 2:52 PM 5/17/2017 - 3:34 PM Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Sunday, August 27th, 2017 from 8:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Ave., with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Submitted By: Joe Leibold, Captain Police Services Approve Request This is an annual event which is going to highlight John Deere and the Tractor Museum in downtown Waterloo. The route requires minimal traffic control and the committee has agreed to pay up to $500 for intersection control at the problematic intersections. Cost associated with placing and retrieving barricades and traffic control cost if it exceeds the $500. General and Event Organizer None Page 32 of 141 0 JOHN DEERE 27 April 2017 Captain Joe Liebold Waterloo Police Captain 715 Mulberry Street Waterloo, IA 50702 Captain Liebold, John Deere 3801 W Ridgeway Ave, D982 Waterloo, Iowa 50701 Phone: 319-292-4801 E-mail: StoutAshleyD©JohnDeere.com Ashley Stout Marketing Communications Specialist The John Deere Waterloo Operations 5K committee would like to hold our annual event at the John Deere Tractor & Engine Museum; 500 Westfield Ave, Waterloo, IA 50701. We have hosted successful 5k run/walks at our Engine Works and Tractor Cab and Assembly Operations facilities the past several years for our employees and the Cedar Valley community. A course map is attached for you review. The route is a 5K (3.1 mile) loop starting and finishing in the John Deere Tractor & Engine Museum parking lot. The proposed start time is Sunday, 27 August at 8:30 am. Turn by turn directions: • Start at parking lot entrance • Turn right (west) on to Westfield Ave. • Turn right (northeast) on to River Rd (intersection of Westfield Ave./W. Conger St. and Ansborough Ave./River Rd.) • Continue straight (southeast) on River Rd. and through the intersection of River Rd./W. Jefferson St and W. Commercial St. • Turn right (west) on to Westfield Ave. • Finish in parking lot entrance We recognize the need for police support on this course and would like your input and recommendations. Our suggestions for police support and John Deere barricades/volunteers are listed below. Police support intersections: • Westfield Ave./W. Conger St. and Ansborough Ave./River Rd. Barricade and a volunteer intersections: • Westfield Ave. and W Commercial St. • Westfield Ave. and Fletcher Ave. • River Rd./W. Jefferson St. and W. Commercial St. • W. Jefferson St. and Westfield Ave. We also propose a volunteer water table on River Rd. just before the two-mile mark; there is a driveway into the Westfield Avenue Operations there. Thanks for your time and consideration. We look forward to hearing from you and planning a successful and safe race. Page 33 of 141 JOHN DEERE Proposed course: Police pport intersection Volunteer intersection Jahn Deere Security Barricade Cones in street I ] Volunteer water table Page 34 of 141 CITY OF WATERLOO Council Communication Resolution setting a date ofpublic hearing as June 5, 2017 for the sale and conveyance of city owned property located near 751 West Donald Street to Walt Tournier, in the amount of $264.10 plus costs, and authorize City Clerk to publish said notice. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D Tournier Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: D ate 5/17/2017 - 11:31 AM 5/17/2017 - 3:37 PM Resolution setting a date ofpublic hearing as June 5, 2017 for the sale and conveyance of city owned property located near 751 West Donald Street to Walt Tournier, in the amount of $264.10 plus costs, and authorize City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Adopt resolution as requested Mr. Walt Tournier has erroneously built a portion of his garage on city property. After meeting with Engineering and Planning staff, it ha been determined a small section can be sold to Mr. Tournier to legalize the garage location. NA NA Sale of Property 1. Not sell 2. move garage 3. encroachment agreement Mr. Tournier built a garage with a portion of the garage on City property. Mr. Tournier is attempting to sell his property and the error in location was discovered. This sale of a small portion of land would legalize his garage location. Page 35 of 141 Legal Descriptions: The City owns land in this area for drainage way improvements for present and future. Engineering staff is ok with the sale, with an easement retained. The West 30 feet of the South 110 feet of the North 650 feet of the East 100 feet of the North 8 acres of the West 10 acres of the Northeast Quarter of the Northwest Quarter of Section 14, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for drainage, utility, and access purposes over the above described area. Page 36 of 141 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ex Sale of City -Owned Property ��1 LC3� � o�)a, Applicant: Y V `"amu' 0 � Address: l I ' . Dha r Phone No. .Q-.1.14\- General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CUBA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price --- Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. a�P104/ZPot,‘" o,L+ n hieH S 41' c7 -ZD +7 Applicant Date *Not required for easement vacates side alk vacates or Encroachment Agreements Page 37 of 141 SALE OF PROPERTY POLICY Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff may replace an above -determined asking price with current information on the sale of abutting or adjacent land Price may be modified by below information: RESIDENTIAL COMMERCIAL/INDUSTRIAL Buildable 1. Price as determined above (1-5) 2. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 3. If located within an area which has not seen recent new housing construction, City Council may sell for $1.00 plus costs, in accordance with a development agreement requiring the buyer to construct new housing. 4. Otherwise, a minimum sale price of 70% of the price as determined above. (Example: Council approved sale of 41ots along Chestnut Street for $1.00 in exchange for requirement of 4 homes being built within a 2 -year timeframe). Un -buildable 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within an easement 3. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 4. Otherwise, a minimum sale price of 70% of the price as determined above (Example: A neighbor mowing a paper alley for 10 years may request to purchase that alley. The alley has overhead electric lines. The asking price is $0.65 per sq. ft. - hypothetical 16' wide by 120' deep - or $1,248.00. They can reduce by 50% for the easement over the entire area. This would make selling price $624.00) Buildable 1. Price as determined above (1-5) 2. City Council may sell land for $1.00 or similar price for areas within TIF, or Urban Renewal Districts, or Industrial Parks, as they see fit for betterment of that area (by Development Agreement) 3. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 4. Otherwise, a minimum sale price of 70% of the price as determined above. (Example: Council approved the sale of land to Con Agra at the MidPort Industrial Park for $1.00 in exchange for requirement of multi-million pudding plant being constructed within 2 -year timeframe). Un -buildable 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within an easement 3. May decrease price by 50%-100% for area in rear or determined to have little to no value (alley, etc.) 4. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 5. Otherwise, a minimum sale price of 70% of the price as determined above (Example 1: Under these rules, the r -o -w frontage along San Marnan would still have been transferred for $1.00 due to taxable value of a new building on land. (Example 2: Under statement of eliminating rear areas with little to no value, Council could still sell alley portion in rear of property for $1.00 to Aramark - as previously requested). For all properties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites Primate C. 's share within CURA, it shall be extended to 8 years. This shall be -40% of entire taxes to roughly of taxes paid. 2. Goal is to have construction begun within a predetermined timeframe from approval of sale. 3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un -buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development 5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council. Any such applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding, Page 38 of 141 • North kine NW 114 Sec. 14, T89N, R13W _West Donald Street . 751 West Donald St Waft Tournier nwood Lane 0 719 West D`o nod St -Donald Pritchett Kathleen Pritchett / ottonwood Ln .f Angela Beninga' Tho under 1904 Cohort 1JohnB,N,ichol Karljaols f r • d Page 39 of 141 NOEL ANDERSON To: tournermfginc@yahoo.com Cc: WAYNE CASTLE; JAMIE KNUTSON; ARIC SCHROEDER Subject: garage location Attachments: IMG_1064,jpg; Enc Agr - 2864 Burton Ave Accurate Gear Parking area in right-of-way Dra....pdf; Vacate, Encroachment or Sale of Property App.doc Importance: High Walt — thanks for stopping in and meeting with Engineering staff. They have also, since that initial meeting, been out to visit your site and put together some information on options for us to proceed. Their notes: Attached photo is at the south end of the building looking north. At the corner of the retaining wall to the edge of the mowed lawn is roughly 21'. At the northeast building corner/southeast wall corner to the edge of the mowed lawn is roughly 27'. At the southeast building corner to the edge of the mowed lawn is roughly 40' (the mowed edge is roughly 5-10 feet west of the lawn edge in the above two measurements). In all measurements, the top of bank is another 3-5 feet east of the edge of mowed lawn. Theoretically, could have an access road between the retaining wall/building and top of channel bank. Northeast corner of retaining wall should be moved back and the east wall parallel with the creek to give us another 8-10 feet. Wayne I have also attached a sample Encroachment Agreement. This is a step that would go to City Council for approval, if you wish to proceed in this manner. The Encroachment Agreement basically says you have constructed something on City property, and it is being allowed to remain at this time. If need be, for City purposes, that the building must be moved in future, it would be at expense of owner. I have further attached the Sale of Property Policy and application. This is the Policy by which City Council makes decisions on selling land. As you can see, the Policy notes land is to be valued at its appraised or assessed value. The assessed value of your land is $0.16 per square foot. The amount of area needing to be sold to make the garage legal would be 3,300 sq. ft. For an asking price of $528.20. We would want to retain an easement over that section, so the price is put at 50% of that value for a final asking price of $264.10. This would include the need to move the retaining wall back to the 27' mark as noted in notes above. Please let me know how you wish to proceed. The process for an Encroachment Agreement is a weekly City Council meeting timeline. So can be approved on a weekly basis. By State Code, the City must sell property by a public hearing process, so this will take about34 weeks to go to City Council, set a date of hearing, and then have the hearing at another Council meeting approximately 2-3 weeks out. If you wish the Encroachment Agreement, we will put one together for your signature. If you wish the sale of property, the attached sheet needs to be filled out for the Sale of City Property. Please fill out, sign, and send back to me. Thanks, Noel 1 Page 40 of 141 Noel Anderson Community Planning & Development Director City of Waterloo Community Planning & Development Department City Hall 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319.291.4366 Fax: 319, .291.4262 Cell: 319.290.6357 Websites: City— www.cityofwaterlooiowa.com Drownfields: www.thenewwaterloo.com "Can't fail is arrogance. Won't fail is confidence."— Lord John Roxton 2 Page 41 of 141 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 5/22/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 5/17/2017 - 12:17 PM ATTACHMENTS: Description Type D Bonds for council approval Cover Memo SUBJECT: Bonds. Page 42 of 141 BONDS FOR COUNCIL APPROVAL May 22, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 T240498 7900454957 IA 601517 7900314398 7900402302 IA 601639 63202201 55-207712 6171969 ANDY MILLS dba MILLS CONCRETE B & G BUILDERS LLC BRADLEY COLVIN COUNTRY BUILDERS FAILOR HURLEY CONSTRUCTION GILBERTO SANGUINO JOSEPH MCCRANEY QUALITY CONCRETE CONSTRUCTION INC. DC CORPORATION VALENTIN ALVAREZ VARGAS WATERLOO, IA WATERLOO, IA WATERLOO, IA JANESVILLE, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA Page 43 of 141 CITY OF WATERLOO Council Communication FY 2018 Sidewalk Inspection and Repair Program - Zone 7. City Council Meeting: 5/22/2017 Prepared: 5/19/2017 REVIEWERS: Department Reviewer Action Date Airport Even, LeAnn Approved 5/19/2017 - 5:41 PM 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. 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 Recommended Action: Approve. Page 44 of 141 CITY OF WATERLOO Council Communication F YE 2017 Budget Amendment. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Finance Even, LeAnn Approved 5/17/2017 - 3:45 PM ATTACHMENTS: Description Type D Budget Amendment Memo Cover Memo D Budget Amendment May 2017 Cover Memo SUBJECT: Submitted by: Summary Statement: Expenditure Required: Policy Issue: 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 FYE 2017 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Please see attachment for additional information. Comply with state law regarding budgeted expenditures. Page 45 of 141 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 AJ! -Large STEVE SCEIMIIT 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 Iv11CI-II 1,LE WEIDNER. CPA • Chief Financial Officer TO: Mayor Hart City Council Members C: Department Heads DATE: May 17, 2017 FROM: Michelle Weidner, Chief Financial Officer RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2017 Enclosed is the proposed amendment to the budget for the fiscal year ending June 30, 2017 as published May 12, 2017. The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 15, 2016. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. 2. The Public Works category reflects the increase of damage claims revenue and related repair expense for the airport. 3. The Health and Social Services category was increased to reflect revenue and expense for the award received from the US Conference of Mayors for the Healthy H2loo program. 4. The Culture & Recreation program category was increased to reflect a number of additional grants and donations received by the Cultural & Arts department, the Library and Leisure Services. Revenue and expenses were increased for WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 46 of 141 FYE17 Budget Amendment Memo Page 2 of 3 the SportsPlex to more closely match operations. The use of unassigned fund balance was increased for Young Arena operations. 5. In the Community and Economic Development program category, adjustments to hotel/motel grant revenue and expenses were made. 6. Amendments reflecting the use of restricted fund balance for health and liability insurance claims were made in the General Government category. Amendments were made to use energy rebates received for the records scanning project. Highlights of amendments made in other funds are as follows: 7. In the Public Works category, the use of Road Use Tax fund balance was added to fund the anticipated increase in street repair expenses. Additional revenue and expense was budgeted for traffic operations. 8. Additional federal revenue and expense expected to be completed using Block Grant and Housing funds were added to the Community and Economic Development category. 9. Under the Debt Service category, revenue and expenses were increased to reflect the planned refunding bond issue. 10. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that was not originally budgeted were added. Several construction project budgets were adjusted to more accurately reflect the amount of work that is expected to be completed by June 30, 2017. 11. In the Business Type/Enterprises activity, which accounts for the activities of the sewer and garbage funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations and capital improvement projects by June 30, 2017. The transfers out line item was amended to reflect the following: 1. The transfer of an additional $1,000,000 of TIF revenue to the capital improvement fund that will be used for potential TIF projects. 2. Transfers necessary to property account for the sewer portion of the refunding bond issue were added. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed, we anticipated spending $2,898,033 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. The budget amendment that was approved April 24, 2017 increased the use of general fund balance restricted for insurance purposes by $2,534,000. The current amendment increases the amount that expenses are anticipated to exceed revenues by an additional $6,814,160 to a total of $12,246,193. This is due to the following: Page 47 of 141 FYE17 Budget Amendment Memo Page 3 of 3 1. General Fund - The use of cash restricted for specified uses either received in prior years or received in the current year, but not included in the original budget in the amount of $240,402 in the general fund and the use of unrestricted General fund balance of $38,000 to fund additional expenses for Young Arena. 2. Other Funds - The use of $1,000,000 in TIF fund cash for property acquisitions and other additional TIF expenses, $200,000 in Road Use Tax restricted cash for additional construction and $5,335,758 in bond proceeds received in prior years for capital project construction. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2017. If you have any questions about the information presented, please contact me. Page 48 of 141 Jun -15 NOTICE OF PUBLIC HEARING Form 553,C1 AMENDMENT OF FY2016-2017 CITY BUDGET The City Council of Waterloo in BLACK HAWK County, Iowa 1- First A wilt meet at 5:30 pm - in the City Council Chambers at 715 Mulberry Street on 5/22/2017 (hour) pate) ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2017 Near} by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Record additional state & federal grants & related expenses as well as additional donation revenue & related expenses. increase various charges for services to fund increased expenditures. Record additional expenses for use of grants and restricted donations received in prior years as well as for use of use of fund balance to support operations at Young Ice Arena and aditional TIF project expenses. Record an anticipated refunding bond issue to be sold in May 2017. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Michelle C. Weidner, CPA City Clerk/ Finance Officer Name Page 49 of 141 Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources 38,823,734 38,823,734 Taxes Levied on Property 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 Net Current Property Taxes 3 38,823,734 0 38,823,734 Delinquent Property Taxes 4 0 0 TIF Revenues 5 7,738,405 7,738,405 Other City Taxes 6 17, 349,519 17, 349, 519 Licenses & Permits 7 1,341,775 1,341,775 Use of Money and Property 8 1,392,216 8,515 1,400,731 Intergovernmentai 9 27,605,273 1,186,509 28,791,782 Charges for Services 10 26,244;143 463,573 26,707,716 Special Assessments 11 248,000 248,000 Miscellaneous 12 6,153,064 395,472 6,548,536 Other Financing Sources 13 21,785,000 2,880,000 24,665,000 Transfers in 14 16,868,483 1,817,000 18,685,483 Total Revenues and Other Sources 15 165,549,612 6,751,069 172,300,681 Financing Expenditures & Other p e mancin Uses 31,783,633 430,187 32,213,820 Public Safety 16 Public Works 17 26,184.083 410,948 26,595,031 Health and Social Services 18 427,954 100,000 527,954 Culture and Recreation 19 11.501,545 259,539 11,761,084 Community and Economic Development 20 14,960,886 978,054 15,938,940 General Government 21 10,491,198 17,060 10,508,258 Debt Service 22 15,087,646 2,872,000 17,959,646 Capital Projects 23 22,958,500 1,251,683 24,210,183 Total Government Activities Expenditures 24 133,395,445 6,319,471 139,714,916 Business Type / Enterprises 25 20,717,717 5,438,758 26,156,475 Total Gov Activities & Business Expenditures 26 154,113,162 11,758,229 165,871,391 Transfers Out 27 16,868,483 1,807,000 18,675,483 Total Expenditures/Transfers Out 28 170,981,645 13,565,229 184,546,874 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 29 -5,432,033 -6,814,160 -12,246,193 Beginning Fund Balance July 1 30 77,310,111 77,310,111 Ending Fund Balance June 30 31 71,878,078 -6,814,160 65,063,918 Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Record additional state & federal grants & related expenses as well as additional donation revenue & related expenses. increase various charges for services to fund increased expenditures. Record additional expenses for use of grants and restricted donations received in prior years as well as for use of use of fund balance to support operations at Young Ice Arena and aditional TIF project expenses. Record an anticipated refunding bond issue to be sold in May 2017. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Michelle C. Weidner, CPA City Clerk/ Finance Officer Name Page 49 of 141 CITY OF WATERLOO Council Communication Salvaged Asphalt Crushing. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 5/17/2017 - 3:43 PM Clerk Office Even, LeAnn Approved 5/17/2017 - 3:43 PM SUBJECT: Public hearing cancelled due to bid being rejected. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: The City has salvaged and stockpiled asphalt from various streets and projects in the local area. The crushed asphalt will be used in alley, shoulder and parking lots. Expenditure Required: $59,000.00 Source of Funds: 266-19-7100-1511 Background Information: the City has salvaged and stockpiled asphalt from various streets and projects in the local area. Approximately every 2 years asphalt grinding is necessary. Page 50 of 141 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located north of 3488 Wagner Road, to Mathias Properties, LLC. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Plat with lot ❑ Mathias email ▪ Mathias DA revised SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo D ate 5/17/2017 - 11:00 AM 5/17/2017 - 3:23 PM 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 from Planning and Zoning Commission. Resolution approving sale and conveyance of city owned property located north of 3488 Wagner Road in the amount of $30,000 plus up to $5,000 in city costs, to Mathias Properties, LLC. Resolution approving a Development Agreement with Mathias Properties, LLC for the sale and rehab of property located north of 3488 Wagner Road and authorizing Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planing & Development Director Approve Development Agreement and sale and conveyance of land The City of Waterloo has acquired 14 acres of land north of 3488 Wagner Road for industrial development. The City is a currently platting, grading, and providing sewer to the site for the creation of 6 lots - 5 of which can be served by the new sewer. This northerly lot will not be served by the new sewer system, due to the creation of a new storm water drainage way in area to better help industrial development and alleviate and lessen the floodplain area of the site. The City's cost per lot, with sewer is approximately $100,000 per lot. Without the sewer costs, it is $30,000 per lot. This is the lot where sewer cannot be served due to the new storm water improvements. Page 51 of 141 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Closing costs of up to $5,000 Bonds and TIF funds Economic Development NA Matthias Properties LLC is Matthias Landscaping at 3170 Wagner Road, just south of the proposed site. This sale will help an existing business grow in Waterloo by providing Matthias Landscaping with more land to properly recycle and mulch landscaping materials for reuse in their business. They will be able to put this lot to a good industrial use, without need for sewer, as a landscaped and screened recycle site for the landscape business. This will allow the City to recoup costs for the development of land, help an existing business grow, and keep the door open for future lean-to type structures or other similar structures on site. Lot 1 Wagner Road Subdivision, Waterloo, Black Hawk County, Iowa. Page 52 of 141 JEFFREY R. HUTTON, P.L.S. * 407 SYCAMORE ST. LA PORTE CITY, IOWA 50651 * (319)342-4774 FINAL PLAT OF "WAGNER ROAD SUBDIVISION° WATERLOO, BLACK HAWK COUNTY, IOWA ,/ �C NW COR NW1/4 NW1/4 FND. 3" BRASS MONUMENT 7' E. OF 1 IN PCC WAGNER ROAD (314 MISC. 89) 11 I END. 1/2' SCALE: 1" = 50' 50014'49"E 1177.59' (1177.69') 1 1 1 REBAR 0.10' W OF LINE 0 25' 50' 100' LEGEND: (230) POINT OF BEGINNINGji 111 N89°0208"E 229.90' — 164.89' — IR A FOUND SECTION CORNER AS NOTED • FOUND PINCHED PIPE UNLESS OTHERWISE SET CUT "X" IN PCC WAGNER RD. X11 END. 1/2" REBAR 0.11' W. OF LINE & APPROX. 5.0' SW OF FENCE POST S00"23'16"E /101,98' (102.94) NOTED O SET 5/8" REBAR W/YELLOW CAP ,#17929 UNLESS OTHERWISE NOTED ( ) DEED RECORD BEARING/DISTANCE N89'48'34"E 158.85' (159') (HES) RECORD FROM HELLAND PLAT 1 05 FILE: 2013-0023442 SOC18'16"E 1 0 = (65) 5778' (58) . — N89"56'40°E 356.64' (354.78') (356.6' HES) — t 11 O I FND. PINCHED PIPE I ot 1 (50) 2.32' WEST AND 1.55' NORTH OF COR. 1 W. LINE Nw1/4 3730 WAGNER ROAD OWNER: RORY CAGLEY ,-, 3-T89N-R13�-� I SEC W & E. LINE NE1/4EASTERLY SEC. 4-T09N-R13W PRESENTLY ESTABLISHED RIGHT-OF-WAY LINE OF WAGNER RD. ACQUIRED BY EASEMENT 1 588^5136'W 680.41' '1 9tJ a Z� cs,-C. EDGE OF ` _ h — 312.15' NAY "1-sw I I t Y S.H1 Z49N D S5 STORM SEWER SP'4-C' T. PCR DRAINAGE EASEMENT S88"51'36"W 67515' EXISTING' HIGHWAY V1 I 1 1 'IS PG6 S88"51'36'W 674.90' — f I P I 1 1 1 4310' I END. 1/2' REBAR 1 (40') TOT W/ORANGE CAP p16264 SANITARY SEWER------4.-F"'^'", EWER -�hl ti�51 CP,'-5 ) EASEMENT " 1'36'W 674.65' S885 I Ct I 1 (70) �� 1 5 5 111 1 1�N 88 "51'3CW 674.39' 1 _ 11 C--N -,1 1 'I 'I 5 ,DY S88"51'36"W 674.14' — 1 1 1 Dt 6 IS SS - EXISTING F-> u, UTILITY SW OR, SW1/4 0/1/4 FND. 3' BRASS MON. INIPCC WAGNER RD. (DOG 2008-016859) 314.39' EASEMENT y_ - - - - - - I I 588^51'36"W 673.188' S88'51'36"W 743.89' (74330') MD. 1/2" REBAR � LINE N4 4E S PETCOR ADDITION W/ORANGE CAP #16264 III SHEET NO. 2 of 2 FILENAME: Pa JOE-2015-PROJECTS115-016-Wagner Road Oeveepment- Drelimirerytlesign 15-001Umm Jeff of DPP 6-1-161Copes for JOETINAL PtAT.dwg MODEL: Project Overview DATE: 9/5/201610:54:49 AM Page 53 of 141 NOEL ANDERSON From: Doug Matthias <doug@matthiaslandscaping.com> Sent: Tuesday, Aprii 25, 2017 3:01 PM To: NOEL ANDERSON Subject: Land Purchase Noel I agree to purchase lot one of Wagner Rd. addition for the disused amount of $30,000.00. Let me know if you need anything else. Thank you Doug Matthias President i',uttlii;a:9 1...mth5capivig :3:i370 Iiii.1911473r Rd. Vilaterloo IA 50703 Officr:4: 319-226-660n 319-226-6003 doupftmatthiasiandscaping.com 1 Page 54 of 141 Prepared by Noel Anderson, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 DEVELOPMENT AGREEMENT This Development Agreement is entered into as of , 2017, by and between Matthias Properties LLC ("Developer") 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. Developer is willing and able to finance and construct a screened recycle site for landscaping materials and related improvements on property located along Wagner Road in the Airport Area Development Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before , 2017, City shall convey, or cause to be conveyed, to Developer the real property described in Exhibit "A" hereto (the "Property") for the sum of $30,000.00 (the "Purchase Price"). Conveyance shall be by [Mi) warranty 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, other applicable law, and subdivision platting documents. 2. Improvements by Developer. Developer shall construct a screened[M2) landscaping material recycle site, and related landscaping, (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state and federal building codes and applicable subdivision restrictions and shall comply with all applicable City ordinances and other applicable law. The 1 Page 55 of 141 Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Utilities. Developer 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[M3i. 4. 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. 5. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer 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 Developer. 6. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Developer an updated abstract of title, or in lieu thereof Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. 7. 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 2 Page 56 of 141 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. 8. 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 180 days from the date this Agreement is approved by the City council[M4i. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 9. 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 Developer, to Mathias Properties LLC, 3170 Wagner Road, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 10. 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 Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 11. 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. 12. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement 3 Page 57 of 141 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. 13. 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. 14. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15. 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. 16. 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. 17. 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 officers as of the date first set forth above. CITY OF WATERLOO, IOWA MATTHIAS PROPERTIES, L.L.C. By: Ey Quentin M. Hart, Mayor Doug Mathias, Manager Attest: City Clerk/Deputy Clerk 4 Page 58 of 141 EXHIBIT "A" Lot 1 Wagner Road Subdivision, Waterloo, Black Hawk County, Iowa. 1 Page 59 of 141 1 Page 60 of 141 CITY OF WATERLOO Council Communication Resolution to approving parking on the north side of the 200 block of National Drive from Bellaire Road to the driveway of 236 National Drive during the construction and closure of Bellaire Road. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 5/17/2017 - 3:40 PM Clerk Office Even, LeAnn Approved 5/17/2017 - 3:40 PM SUBJECT: Resolution approving parking on the north side of the 200 block of National Drive from Bellaire Road to the driveway of 236 National Drive during the construction and closure of Bellaire Road. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Recommendation Summary Statement: Background Information: During construction and closure of Bellaire Road, residents have asked for parking on National Drive as they do not have access to their driveways. The closest street is National Drive which has "No Parking" on both sides. Parking will only be allowed until Bellaire is open for traffic. The Traffic Operations Department works with residents when there are street closures due to construction. Page 61 of 141 CITY OF WATERLOO Council Communication Resolution approving permanent easement agreement with Friends of the Faith Retirement Homes, Inc. for the purpose of construction, maintenance and repair of a storm sewer related to the W. 9th Street Reconstruction project. City Council Meeting: 5/22/2017 Prepared: 5/16/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D Attachments - W 9th St Storm Sewer Easement Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: D ate 5/17/2017 - 9:57 AM 5/17/2017 - 3:36 PM Resolution approving permanent easement agreement with Friends of the Faith Retirement Homes, Inc. for the purpose of construction, maintenance and repair of a storm sewer related to the W. 9th Street Reconstruction project. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to enter into a permanent easement agreement with Friends of the Faith Retirement Homes, Inc. for the purpose of constructing a new storm sewer related to the West 9th Street reconstruction project near the intersection of Park Lane and West 9th Street. Attached to this letter is a signed permanent easement agreement, signed offer to donate form and a plat of survey detailing the area of the proposed easement. As noted, the applicant has signed an offer to donate form and they are not requesting compensation for the easement. Therefore, staff is recommending approval of the request to allow for the construction of the new storm sewer. None N/A Infrastructure N/A Page 62 of 141 Background Information: Legal Descriptions: The City is reconstructing West 9th Street in this area and the new storm sewer will help alleviate storm water issues in the area. See attached plat of survey. Page 63 of 141 Dutton, Braun, Stank & Hellman, P.L.C. ATTORNEYS AT LAW David J. Dutton Michael A. McEnroe Cheryl L. Weber Steven K. Daniels John J. Hines James F. Kalkhoff James H. Cook** Chad A. Swanson Michael R. Young*#3' Erin P. Lyons Laura L. Folkerts Matthew M. Craft Joshua M. Moon Nathan J. Schroeder Erich D. Priebe **Also Admitted in California ***Also Admitted in Illinois E-mail: youngm( wloolaw.com May 12, 2017 VIA PERSONAL DELIVERY Mr. Dennis Gentz City of Waterloo Engineering Department 715 Mulberry Street Waterloo, IA 50703 RE: Permanent Easement for W. 9th Street Storm Sewer from Friendship Village Dear Dennis: Enclosed please find an Offer to Donate Form and a Permanent Easement with attached Plat and legal description executed by Friendship Village. As 1 mentioned yesterday, please let me know if you have any questions. Thank you. Very truly yours, DUTTON, BRAUN, STAACK & HELLMAN, P.L.C. Michael R. Yo ng MRY:df Enclosures cc: Lisa Gates (by email) Craig Anderson (by email) I:113usiness2Tv1Letter\Genlz.5-12-17. Docx 3151 Brockway Road P.O. Box 810 Waterloo, IA 50704 Tel: 319-234-4471 Fax: 319-234-8029 www.dbsh.com Page 64 of 141 PROJECT: PARCEL: OWNER: F.Y 2017 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 921 8813-03-327-012 Friends of the Faith Retirement Homes, Inc. OFFER TO DONATE FORM As owners of real estate needed for the above -referenced project and parcel, and acknowledging the fact that we are entitled to just compensation for the subject property interests, nevertheless, we desire to donate the temporary and permanent easements. We hereby waive such compensation rights and will promptly execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made knowingly, voluntarily, and not under coercion or threat of any nature by the City of Waterloo or its agents. Before signing this form, we have had the opportunity to consult with our own legal and tax advisors. References in the singular number include the plural, and vice versa. Friends of the Oaith Retirement Homes, Inc. Bv:e—rc-4 A er-SDA (Printed Name) arS, cif a 5 (Printed Title) State of: a ) S3A-r _'- 1-\-a County) ss. On this HO day of !"' "Lk/ 2011, before me the undersigned, a Notary Public in and for tile County of 0)4‘..-iM4 -State of w , personally appearedCc`,0 AAe ecscw r L-LA.26r' 65' jio.a-ci, Cg D,re ch. r3, to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. IN WITNESS WHEREOF, V have hereunto signed the day and year fast above written. Seal me and affixed my Notarial Seal Notary Public o a CHRRV HILLS ,�`� CommissionnNumber 187146 z My Commission Expires /00 i011. -A.2_ Page 65 of 141 PERMANENT EASEMENT The undersigned ("Grantor") does hereby grant and convey unto the City of Waterloo ("City"), Iowa a permanent easement over, under, and upon the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE ATTACHED PLAT AND LEGAL DESCRIPTION for the purpose of construction, maintenance and repair of storm sewer, together with a right of ingress and egress thereon. IN WITNESS WHEREOF, we have hereunto set our hands this day of P a -y , 2011. Friends of the Faith Retirement Homes, Inc. By: GCaiAtVSo✓l (Printed Name) C.Va\<` .4' Directors (Printed Title) State of ..-4:;, w• ) 9jlG•c w� County) ss. On this 1 day of P.,,,.‘1 20)1, before me the undersigned, a Notary Public in and for the County bf$4014'g N404014-, !Srtate of .e 4.4.,, personally appeared C'c�g A�dcrst.A1 1n Ga;rf B or- .go a'• O•re,4}.ors , to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. IN WITNESS WHEREOF, 1 have hereunto signed my name an affixed my Notarial Seal the day and year last above written. 1/b Seal Notary Public EHEtiRI HILLS .-0.11kt. Commission Number 187146 My commission Expires Page 66 of 141 Index Legend Location Description: Unplatted NE 1!4 SW 114, Sec. 3, T88N, R13W, City of Waterloo, Black Hawk Co., Iowa Requestor: Dennis Gertz, City of Waterloo Engr. Dept. Proprietor: Friends of the Faith Retirement Homes, Inc. Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Permanent Storm Sewer Easement, Unplatted NE 1/4 SW 1/4, Sec. 03, T88N, R13W, 5th PM City of Waterloo, Black Hawk County, Iowa Easement Description: A permanent storm sewer easement over, under, and across that portion of the Northeast Quarter (NE 1/4) of the Southwest. Quarter (SW 1/4) of Section Three (Sec. 3), Township Eighty -Eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian (5th PM) in the City of Waterloo, Black Hawk County, lows, described as follows: Commencing at the Northeast Corner of Lot 23, Brookeridge; thence Northerly along the Northwesterly Right -of -Way line of West 9th Street, 98.19 feet along an arc with radius of 450.08', a central angle of 12°29'57", concave Easterly, and having a long chord of 97.99 feet bearing North 14°48'40" East to the Paint of Beginning; thence North 57°28'39" West 94.07 feet; thence North 13°16'37" West 70.29 feet; thence North 76°43'23" East 20.00 feet; thence South 13°16'37" East 55.00 feet; thence S 57°28'39" East 86.75 feet to the said Northwesterly Right -of -Way line of West 9th Street; thence Southerly along the said Northwesterly Right -of -Way line of West 9th Street, 25.38 feet along an arc with radius of 450.08', a central angle of 3'13'50", concave Easterly, and having a long chord of 25.37 feet bearing South 22°40'33" West to the Point of Beginning containing 3,510 square feet (0.08 Acres). Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations together with data from the Iowa DOT Real Time Network, lowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. �$Syp�q:,�` tz_C +„o=•• , �, , L. •°°; �1r ro 8 WILLIAM •g Grr t< g w 70 1 CASTLE 4 m f cy� $%. 19715 -a0' r�1�1.0 **.......°. * s '`i,,,M_N `,, ` I hereby cerlify that This surveying document was prepared and the related survey work was performed by me or under my direct personal super sfon and that I am a duly licensed Land Surveyor under the la th State of wa. y Z za William W. Castle, PLS Date License Number 19715 My License Renewal Date is Pecember31, 2017. Pages or sheets covered by this seal: A -- City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1” = 80' Field Work Date: 3-31-2017 Date Drawn: 4-24-2017 Sheet No. 1 of 2 age 67 of 141 William W. Castle, PLS, PE, City of Waterloo Engineering Department, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4312 Fd. No, 5 Rebar w1Red ID. Cap "Iowa -12088" NE Comer Lot 53, Southhaven Addition rr 80 40 Line Table Curve Table Steering Distance 1_1 (N 57°28'39" W 94.07') I-2 (N 1396'37" W 70.29') L3 (N 76'43'23" E 20.00') L4 (S 13°16'37" E 55.001 L5 (S 57°26'3$" 6 86.751 rr 80 40 Survey Notes: 1. The Bearings shown on this surrey are derived from GPS observations together with data from the Iowa DOT Real lime Network, Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. Plat Legend: • Found Monument o Set 5l8'x24"Reber w/Aluminum Cap ▪ "Iowa -19715" Cut "X" in concrete, found or set 123.45' Record Measurement (123.45') Field Measurement Unplatted NE1/4SW1/4 Sec. 03, T88N, R13W L3 l! L4 L2` L5 N L1 P.O.B. South line South 1/2, SW 1/4, Sec. 03, TSN, R13W Al A3 A2 5 83'31'11"W 80.77' S 08.28'42" W) D 11 80 Scale: 1 inch = 80 feet Comer to be set atter road construction finished a f41490 \ \ 49,"" \-J Fd. no. 4 rebar wSD. cap "Iowa - 7811" A6 Unplatted NE1/4SW1/4 Sec. 03, T88N, R13W 5.44' (5.44') (N 5892'49" W) Fd. No. 4 rebar wldamaged ID, cap 3 P.O.C. A4 Lot 23 Brookeridge 200' 3 Lot 22 Brookeridge 200' 3 P z Lot 21 Brookeridge 200' 100' N0•01'W Lot 20 Brookeridge 200' Fd, No. 4 Rebar w/1D. Cap "Iowa - 3862" A5 80'(60.00') 5 00%241" W) 3 `° 66 z 4' a • Fd. No. 4 rebar w110. cap "Iowa - 7811" Lot 1 Brookeridge 200' Lot 2 Brookeridge 200' 125' N 0.01'W 125' N 0'01' W Fd. No. 0 mbar wtout ID. cap Lot 3 Brookeridge 100' 3 1' Lot 4 Brookeridge Fd. No. 4 Reber MD. Cap "Iowa - 8033" SW Comer, 10) 6, Brookeridge 3 R z Unplatted SE 1/4 SW 1/4 Sec. 03, T88N, R13W City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 80' Field Work Date: 3-31-2017 Date Drawn: 4-24-2017 Sheet No. 2 of 2 Pog e 68 of 141 Curve Table Radius Arc Central Length Angle Long Chord Length Bearing Al 450.08' (460.08') (93.19') (12°29'57") (97.99') (N 14'46'40" E) A2 460.08' (450.081 (26.38') (3'13'50") (25.37') (N 22'40'33" E) A3 460.06' (450.08') (119.95') (1596'101 1119.591 (N 31°56'33" E) A4 450.08' (450,08') 71.11' (71.61') (9'14'59") (71.54') (N 04°0012" E) A6 370.08' (361.26') 72.0' (72.32') (11°28'10") (72.20') (N 04'34'30" 6) A6 370.06' (361.26') (187.571 (31°44'651 (185.471 (N 2691'02" E) Survey Notes: 1. The Bearings shown on this surrey are derived from GPS observations together with data from the Iowa DOT Real lime Network, Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. Plat Legend: • Found Monument o Set 5l8'x24"Reber w/Aluminum Cap ▪ "Iowa -19715" Cut "X" in concrete, found or set 123.45' Record Measurement (123.45') Field Measurement Unplatted NE1/4SW1/4 Sec. 03, T88N, R13W L3 l! L4 L2` L5 N L1 P.O.B. South line South 1/2, SW 1/4, Sec. 03, TSN, R13W Al A3 A2 5 83'31'11"W 80.77' S 08.28'42" W) D 11 80 Scale: 1 inch = 80 feet Comer to be set atter road construction finished a f41490 \ \ 49,"" \-J Fd. no. 4 rebar wSD. cap "Iowa - 7811" A6 Unplatted NE1/4SW1/4 Sec. 03, T88N, R13W 5.44' (5.44') (N 5892'49" W) Fd. No. 4 rebar wldamaged ID, cap 3 P.O.C. A4 Lot 23 Brookeridge 200' 3 Lot 22 Brookeridge 200' 3 P z Lot 21 Brookeridge 200' 100' N0•01'W Lot 20 Brookeridge 200' Fd, No. 4 Rebar w/1D. Cap "Iowa - 3862" A5 80'(60.00') 5 00%241" W) 3 `° 66 z 4' a • Fd. No. 4 rebar w110. cap "Iowa - 7811" Lot 1 Brookeridge 200' Lot 2 Brookeridge 200' 125' N 0.01'W 125' N 0'01' W Fd. No. 0 mbar wtout ID. cap Lot 3 Brookeridge 100' 3 1' Lot 4 Brookeridge Fd. No. 4 Reber MD. Cap "Iowa - 8033" SW Comer, 10) 6, Brookeridge 3 R z Unplatted SE 1/4 SW 1/4 Sec. 03, T88N, R13W City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 80' Field Work Date: 3-31-2017 Date Drawn: 4-24-2017 Sheet No. 2 of 2 Pog e 68 of 141 CITY OF WATERLOO Council Communication Resolution approving a request by Crossroads Realty, LLC for the final plat of Crossroads Plat No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Staff Report D Overview Map D Aerial Map D Application D P arking Information D Certificate of Survey D Deed of Dedication ❑ Final Plat 1 of 2 ❑ Final Plat 2 of 2 D Engineering Letter - Final Plat SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 5/17/2017 - 11:04 AM 5/17/2017 - 3:35 PM Resolution approving a request by Crossroads Realty, LLC for the final plat of Crossroads Plat No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the final plat of Crossroads Plat 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Blvd. P lease find attached to this council letter the following items: • Staff report • Aerial photograph • F final P lat • Legal Description • Report of City Engineer At the May 2, 2017 Planning, Programming and Zoning Commission Page 69 of 141 meeting, the Commission voted 5-0 to approve the final plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Subdivision Ordinance Alternative: N/A Background Information: N/A Legal Descriptions: See Attached Certificate of Survey Page 70 of 141 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: May 2"d, 2017 Request by Michael J. Gavin, Esq., on behalf of Crossroads Realty, LLC; Crossroads CH, LLC; and Crossroads Nassim LLC for Final Plat of Crossroads Plat 11. Michael J. Gavin, Esq., 855 Hillsdale Road, West Chester, PA 19382. The applicant is requesting to plat the property in question for the purposes of creating a 5 -lot commercial subdivision. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Crossroads Boulevard, Flammang Drive, Penney's Street, Bopp Street, Grimm Street, and Sears Street which are all local Streets. They connect to San Marnan Drive which is a minor arterial and La Porte Road which is a Collector. There are no recreational trails or sidewalks located in the area. There is work being done on development of a pedestrian master plan, which will include a focus on sidewalk development, in the Crossroads area. The area is zoned "S-1" District and has been since adoption of the zoning ordinance in 1969. North — Commercial Development zoned "S-1" District. South — Commercial Development including Crossroads Mall, zoned "S-1" District. East — Crossroads Blvd and Commercial Development zoned "S-1" District. West — Crossroads Blvd and Commercial Development zoned "S- 1" District. This area is comprised of commercial development constructed between 1969 and 2017. No buffers would be required as a part of this request. Three of the lots are developed; when the other two lots are developed the developer will need to submit a storm water detention plan. Lot 1 is located in Zone X: 500 Year Flood Plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0304F, dated July 2060 Crossroads Blvd — Final Plat Crossroads Plat 11 PgdtP7/'6f 141 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: May 2nd, 2017 18, 2011. No other lots are located in the floodplain. The nearest open space is Morris Park which is located 0.8 miles to the northwest and the nearest school is Kittrell Elementary which is located just north of Morris Park. There is a 8" Sanitary Sewer Line located along the far side of Crossroads Blvd and 4" Drain Tiles located on both sides of Crossroads Blvd. The platwill be served by existing utilities. The Future Land Use Map designates this area as Commercial. The request would be in conformance with the goals and policies of the Comprehensive Plan. The final plat consists of five lots, containing a total of 9.77 acres of land, which is located at 2060 Crossroads Boulevard. The size of lots range from 1.21 to 1.69 acres. Three of the lots have existing buildings on them which currently house Tires Plus, Applebee's, and Sears Auto Center. Lot 4 is currently used for parking along with having US Postal Service drop off boxes and Lot 1 is currently undeveloped. The proposed plats will remove 381 parking stalls currently allocated to the Crossroads Mall. Lot 1 is currently undeveloped, Lot 2 that Tires Plus currently occupies shows 62 parking spaces, Lot 3 that Applebee's currently occupies shows 84 parking spaces, Lot 4 shows 174 parking spaces and Lot 5 where that the Sears Auto Center currently occupies has 61 parking stalls. It should be noted that the "S-1" does allow and encourage shared parking where multiple sites use the same spaces however, even with the decrease in parking the mall still will have a surplus of 725 parking spaces including a 559 stall surplus in the main mall plat. Even with a possible development on Lot 4 there will still be a large surplus of parking compared to the requirements of the zoning ordinance. The Final Plat shows the Legal Description, Property Lines, Building Lines, Date, Adjoining Subdivisions, Easements, Right -of - Way Widths, Certificate of Survey and Lot Sequence Proper. At this time, no deed of dedication has been submitted. These will need to be submitted prior to the request being forwarded to the City Council. 2060 Crossroads Blvd — Final Plat Crossroads Plat 11 PgdtP72'6f 141 May 2"d, 2017 STAFF Therefore, staff recommends that the request for the Final Plat of RECOMMENDATION: Crossroads Plat 11 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Commercial. 3. The plat will create additional infill development in the Primary Growth Area. With the following conditions: 1. That a deed of dedication that includes the plat's access to Crossroads Blvd be submitted before sending plats to City Council. 2060 Crossroads Blvd — Final Plat Crossroads Plat 11 Pgd> 73f6f 141 City of Waterloo Planning, Programming and Zoning Commission May 2, 2017 I I III 1 1 1 R-2 11111 VIII uIIIIIIIII" ommin Iu"Iuuu11_I IIlIuIIIul III II I I ILLJ. 11 11111 11111111 I I1 11 111 E — 111111 l R-4 111111 111 N III 1111111 11 11111 111111111111 11111111111 g1F11 Iull IIIIIIIIII IIIIIIIII IIII G I IIII IIII I 111111111 IIIIIIIIII /11111111 11 11111111 $y11111111 1 R-4 A-1 IIII II C-1 11111111 111111 R-4 MOM TON AVE. • ali. Mime t#4 C -Z zCj2,C-Z'.‘"111117,1711111111 r I / 1 R -3,R -P lit 380 218 4 z C-2, C ,Z C -2,C -Z ME fi �wtw� • ►VLiillllll t ir• 11114 R -4,R -P R-3 C -P dik\ A-1 20 C -P R` 206o Crossroads Boulevard Final Plat Crossroads Realty, LLC Page 74 of 141 City of Waterloo Planning, Programming and Zoning Commission May 2, 2017 Area to be Platted Lot 1 206o Crossroads Boulevard Final Plat Crossroads Realty, LLC Page 75 of 141 ' ygonl lr .4;0=- ti1" 300 150 0 300 %;r0 3 `O 1Feet CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) I. APPLICATION INFORMATION: Crossroads Realty, LLC; Crossroads CH, LLC; Crossroads Nassim LLC a. Applicant's Name (please print): clo Michael J. Gavin, Esq, Agent for the Applicant Address: 855 Hillsdale Road Phone: 610-715-1810 City: West Chester State: PA Zip: 19382 b. Status of Applicant: (a) Owner XX (b) Other (CHECK ONE): If other explain: Same as Above c. Property Owner's Name if different than above (please print): Same as Above Address: Same as Above Phone: Same as Above City: State: Zip: 2. PROPERTY INFORMATION: a. Name of Plat: Preliminary & Final Plat Crossroads Mall b. General Location of Property: 2060 Crossroads Blvd, aterloo, IA 50702 c. Area of Proposed Plat: 46.93 Acres Total Tract Area. d. Zoning District(s): S-1 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conforinance with Section 11-3-2 of the Subdivision Ord, d. Four (4) copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes b. If yes specify why and for what for? .N/A No XX c. Costs (estimated): Total Cost Estimate Requested City Share Storm Sewer $ N/A $ Sanitary Sewer $ N/A $ Paving $ N/A $ Land Dedicated $ N/A $ TOTAL $ N/A $ The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Sig atur ' of Owner Date 7 Page 76 of 141 Sq. Footage Parking Req. Actual Sears and Gordmans 205015 At Home 112092 Younkers 86781 Dillards 147633 Shops - Lower 122930 Shops - Upper 123619 Category Total 798070 2661 3220 Tires Plus 10584 22 62 Applebees 4854 49 84 Parcel 4 0 0 174 Sears Auto 12260 25 61 Category Total 27698 96 381 Amish Connection 9120 37 70 Bank Building (Closed) 9050 31 97 Theatre 20971 625 175 McGregor 30400 122 96 Goodwill 19200 77 218 Photo Studio 3705 19 21 Out -Parcel G 0 0 115 Category Total 92446 911 792 Grand Total 918214 3668 4393 Parking Over 725 Page 77 of 141 Page 1 of 2 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P. O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 CERTIFICATE OF SURVEY I, David L. Scheil, Licensed Land Surveyor, do hereby certify that I have made a survey of what is to be known as CROSSROADS PLAT NO. 11, Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described premises, to -wit: DESCRIPTION Lot One (01) That part of Lot One (01), Crossroads Plat No. 7, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Easterly corner of Lot Two (02) aforesaid Crossroads Plat No. 7; thence S36°02'08"E Three Hundred Seven and Fifty-five Hundredths (307.55) feet along the Southeasterly extension of the Northeast line of said Lot Two (02); thence S54°09'42"W One Hundred Fifty-eight and Twenty-two Hundredths (158.22) feet to the Southwesterly line of aforesaid Lot One (01); thence Northwesterly Three Hundred Fifteen and Sixty-seven Hundredths (315.67) feet along the Southwesterly line of said Lot One (01) and along a curve concave Northeasterly having a radius of Seven Hundred (700.00) feet and a long chord of Three Hundred Thirteen (313.00) feet which bears N46°55'54"W to the most Southerly corner of aforesaid Lot Two (02); thence N54°03'30"E Two Hundred Seventeen and Thirty-eight Hundredths (217.38) feet along the Southeast line of said Lot Two (02) to the point of beginning containing 1.41 acres. Lot Two (02) That part of Lot One (01), Crossroads Plat No. 7, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Northerly corner of aforesaid Lot One (01); thence S48°05'07"W Five Hundred Twenty-seven and Eighty-two Hundredths (527.82) feet along the Northwesterly line of said Lot One (01); thence Southwesterly Two Hundred Eighty-one and Seventy-nine Hundredths (281.79) feet along said Northwesterly line and along a curve concave Southeasterly having a radius of Three Hundred Thirty-two and Twenty-one Hundredths (332.21) feet and a long chord of Two Hundred Seventy-three and Forty-two Hundredths (273.42) feet which bears S23°49'42"W; thence S00°28' 18"E Sixteen and Sixty-six Hundredths (16.66) feet along the West line of aforesaid Lot One (01) to the point of beginning; thence N89°31'42"E One Hundred Twenty and Eighty-seven Hundredths (120.87) feet; thence S35°22'36"E Two Hundred Sixty-three and Forty-one Hundredths (263.41) feet; thence S57°04'54"W Eighty-one and Twenty-three Hundredths (81.23) feet; thence S89°31'42"W Two Hundred Three and Five Hundredths (203.05) feet to aforesaid West line; thence N00°28' 18"W Two Hundred Fifty-nine and Sixty Hundredths (259.60) feet along said West line to the point of beginning containing 1.21 acres. Lot Three (03) That part of Lot One (01), Crossroads Plat No. 7, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Northerly corner of aforesaid Lot One (01); thence S48°05'07"W Three Hundred Thirty-five and Seventy-three Hundredths (335.73) feet along the Northwesterly line of said Lot One (01) to the point of beginning; thence S35°43'39"E Two Hundred Thirty-nine and Forty-four Hundredths (239.44) feet; thence S54°24'40"W Two Hundred Eighty and Sixty Hundredths (280.60) feet; thence N35°43'39"W One Hundred Ninety-five and Forty-seven Hundredths (195.47) feet to aforesaid Northwesterly line; thence Northeasterly Ninety-two and Seventy-four Hundredths (92.74) feet along said Northwesterly line and along a curve concave Southeasterly having a radius of Three Hundred Thirty-two and Twenty-one Hundredths (332.21) feet and a long chord of Ninety-two and Page 78 of 141 Page 2 of 2 Forty-four Hundredths (92.44) feet which bears N40°07'52"E; thence N48°05'07"E One Hundred Ninety-two and Eight Hundredths (192.08) feet along said Northwesterly line to the point of beginning containing 1.43 acres. Lot Four (04) That part of unplatted lands in Section Two (02), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Northerly corner of Lot One (01), Crossroads Plat No. 7; thence N48°04'21"E Fourteen and Twenty-six Hundredths (14.26) feet along the South right-of-way Line of Crossroads Boulevard, as shown on aforesaid Crossroads Plat No. 7, to the point of beginning; thence continue N48°04'21"E Two Hundred Twenty-eight and Sixteen Hundredths (228.16) feet still along said South right-of-way Line; S35°50'53"E Three Hundred and Four Hundredths (300.04) feet; thence S54°09'07"W Two Hundred Twenty-six and Eighty-eight Hundredths (226.88) feet; thence N35°50'53"W Two Hundred Seventy-five and Eighty-eight Hundredths (275.88) feet to aforesaid South right-of-way Line and to the point of beginning containing 1.50 acres. Lot Five (05) That part of unplatted lands in Section Two (02), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Northeast corner of Lot One (01), Crossroads Plat No. 7; thence N35°56'02"W Seventy-four and Fifty-six Hundredths (74.56) feet along the Southwest right-of-way Line of Crossroads Boulevard, as shown on aforesaid Crossroads Plat No. 7, to the point of beginning; thence continue N35°56'02"W Three Hundred Twenty-four and Seventy-two Hundredths (324.72) feet still along said Southwest right-of-way Line; thence S54°03'58"W Two Hundred Twenty-six and Ninety-seven Hundredths (226.97) feet; thence S35°56'02"E Three Hundred Twenty-four and Seventy- two Hundredths (324.72) feet; thence N54°03'58"E Two Hundred Twenty-six and Ninety-seven Hundredths (226.97) feet to aforesaid Southwest right-of-way Line and to the point of beginning containing 1.69 acres. I further certify that the accompanying plat is a true representation of such survey and is made in accordance with my field notes thereof; that the location of streets, avenues and lots and their representative names, numbers, widths, courses and dimensions are to be as shown on the accompanying plat; that said survey and plat contain and show any excesses and/or deficiencies from former surveys, and that iron stakes are set at all lot corners by one year from this date. WITNESS my hand and seal at Waterloo, Iowa, this day of , 2017. (Folder\LegalDesc-Crossroads Plat No 11.cs) David L. Scheil L.S. No. 16775 State of Iowa Pages of sheets covered by this Seal 2 Page 79 of 141 DEDICATION FOR CROSSROADS PLAT NO. 11 WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That Crossroads Realty LLC, Crossroads CH LLC and Crossroads Nassim LLC, being desirous of platting the land described in the attached Certificate of Survey by David Scheil, Licensed Land Surveyor, dated the day of , 2017, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County the same to be known as CROSSROADS PLAT NO. 11 WATERLOO, BLACK HAWK COUNTY, IOWA all of which is with the free consent and desire of the undersigned. EASEMENTS The owners do hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Lots as shown on the attached plat. No direct access shall be allowed to Crossroads Boulevard from lots 1, 2, 3, 4 or 5. Each Lot shall be granted access to Crossroads Boulevard through the nearest existing entrance/exits, all of which may be more fully detailed as to rights, responsibilities, and restrictions in a separately filed Declaration of Easements, Covenants, Conditions and Restrictions. *************Signatures on following pages****************** 1 Page 80 of 141 Crossroads Realty LLC, An Iowa limited liability company By: Igal Namdar Member STATE OF NEW YORK SS COUNTY OF NASSAU On this day of May, 2017, before me the undersigned, a notary public for the State of New York residing in the County of Nassau, personally appeared Igal Namdar, who acknowledged himself to be a Member of Crossroads Realty LLC, and that he as such Authorized Person, being authorized to do so, executed the foregoing instrument by signing the name of the limited liability company, on behalf of the limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 2 Page 81 of 141 Crossroads CH LLC, An Iowa limited liability company By: Matin Hakimi Member STATE OF NEW YORK : SS COUNTY OF NASSAU On this day of May, 2017, before me the undersigned, a notary public for the State of New York residing in the County of Nassau, personally appeared Matin Hakimi, who acknowledged himself to be a Member of Crossroads CH LLC, and that he as such Authorized Person, being authorized to do so, executed the foregoing instrument by signing the name of the limited liability company, on behalf of the limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 3 Page 82 of 141 Crossroads Nassim LLC, An Iowa limited liability company By: Elliot Nassim Member STATE OF NEW YORK : SS COUNTY OF NASSAU On this day of May, 2017, before me the undersigned, a notary public for the State of New York residing in the County of Nassau, personally appeared Elliot Nassim, who acknowledged himself to be a Member of Crossroads Nassim LLC, and that he as such Authorized Person, being authorized to do so, executed the foregoing instrument by signing the name of the limited liability company, on behalf of the limited liability company, for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 4 Page 83 of 141 .93 .O m I� 0 P 8 g N IIM fD E 0 O N CDr m m n I "1 'O 2 A c) J IPT---- 22 CJ N • N N O p Q -o 0 0 991 0 rn -D -I a 0 o O o y H CO ,,E e„`,2,0 11 0o o Q. 0 0 y p1 N O N 0 F . 13 13 F p O 0 m Z O O N . 0 a a - - 0 z 0 J Page 84 of 141 CROSSROADS BOULEVARD (80' R/W) .1.16.191-159.011 ca cn 44 gz a8 �9 N.: iWg 0 — h a 4 2 SIP IMIOWERVIOWSEASE.02,1,81- F 8 9 9 P tl 8 a9 dd A m O 0 o°°n m A. v a aO CO P gcn wM o°, 00 .OZ1 vQ p Z !!! O 0 d O m * J c 13 R. ° z O Page 85 of 141 CITY OF WATERLOO, Vd WAVE LOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 City Engineer • email: city.engineertwaterloo-ia.org May 17, 2017 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT CROSSROADS PLAT NO. 11 Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance, It is recommended that this final plat be approved. Sincerel OnVO"' Dennis J. ' entz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 86 of 141 CITY OF WATERLOO Council Communication Resolution approving a professional services agreement between the City of Waterloo and HR Green Company for the former Chamberlain site redevelopment planning in an amount not to exceed $60,000, and authorize the Mayor and City Clerk to execute necessary documents. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D HR Green agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo D ate 5/17/2017 - 11:32 AM 5/17/2017 - 3:34 PM Resolution approving a professional services agreement between the City of Waterloo and HR Green Company for the former Chamberlain site redevelopment planning in an amount not to exceed $60,000, and authorize the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve resolution for agreement The City of Waterloo is working to have HR Green analyze all of the environmental reports, look at potential reuse of the site, so we can all properly come up with options for public meetings on the future of the Chamberlain site. Up to $60,000 Bonds and TIF funds Brownfield Redevelopment and Neighborhood Revitalization Not approve The City of Waterloo has been working for years with EPA and the Chamberlain parent company for the cleanup, demolition, and now redevelopment of the former Chamberlain site. The City has used a variety of different funding methods including federal EDI funds, State brownfield funds, local funds, etc. for the site to be moved ahead towards redevelopment. Page 87 of 141 Legal Descriptions: NA Page 88 of 141 HRGr en PROFESSIONAL SERVICES AGREEMENT For Former Chamberlain Manufacturing Plant Redevelopment 560 Esther Street Waterloo, Iowa Mr. Noel Anderson City of Waterloo 715 Mulberry Street Waterloo IA 50703 Phone: 319-291-4366 Scott Mattes, Project Manager HR Green 5525 Merle Hay Road Johnston, IA 50131 HR Green Project Number: 170121 April 21, 2017 Page 89 of 141 DRAFT- Professional Services Agreement City of Waterloo — Former Chamberlain Manufacturing Plant Redevelopment April 21, 2017 Page 1 of 11 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding CLIENT is positioning the former Chamberlain Manufacturing Plant located at 550 Esther Street, Waterloo, Iowa (hereafter "SITE") for future redevelopment opportunities. CLIENT is currently in discussions with its former operator and officials from Iowa Department of Natural Resources and U.S. Environmental Protection Agency (EPA) to identify a final remediation strategy in concert with an EPA Unilateral Administrative Order issued in 2010. COMPANY will assist CLIENT by reviewing existing analytical data to identify remaining areas of potential impact as it relates to future use exposure risks, conclude whether additional confirmation sampling is warranted, and offer a conceptual range of potential cleanup options with associated costs based on review ofexisting data. COMPANY will also create up to two reuse designs for the SITE and adjoining publicly - owned property to display at an open house and present to city staff and elected officials. This exercise will help CLIENT gather public input and ultimately select a preferred reuse concept for the SITE. CLIENT and COMPANY acknowledge the engineering and planning services outlined above are meant to provide a conceptual idea of how the SITE can redevelop. As potential next steps to this Professional Services Agreement, COMPANY can complete additional services such as developing a sampling and analysis plan if deficiencies are identified during analytical data review, conducting sampling activities to correct any identified data deficiencies, comparing results to state and federal cleanup guidelines, and developing an engineer's opinion of probable cleanup costs to remediate the SITE, as necessary and directed by CLIENT, through an amendment to this contract. 2.0 Scope of Services CLIENT agrees to employ COMPANY to perform the following services: Phase A Task 1 — Project Management and Agency Coordination: COMPANY will coordinate meetings between local, state, and federal entities to address project planning and implementation unless otherwise specified. This will include up to four phone conference meetings. Task 2 — Environmental Data Review: COMPANY will review available historical environmental investigations conducted on the SITE for completeness in an effort to determine remaining exposure risks for future SITE use. These documents include previously completed reports that are made available or are easily ascertainable by COMPANY. COMPANY will coordinate with EPA staff to obtain electronic datasets in Excel, Access, or similar formats. If documents are not available to COMPANY in a dataset format as specified above, a subset of the existing and easily ascertainable data Page 90 of 141 DRAFT- Professional Services Agreement City of Waterloo — Former Chamberlain Manufacturing Plant Redevelopment April 21, 2017 Page 3 of 11 3.0 Deliverables and Schedules Included in this Contract COMPANY will begin upon receipt of signed contract and complete Phases A and B concurrently. Phase A will take approximately 12 weeks to complete from the date of notice to proceed. This schedule may be adjusted at the discretion of COMPANY based on the availability and type of analytical data received by COMPANY. It is assumed, for the purposes of this agreement, that electronic data in a format as listed in Phase A— Task 2 of Section 2.0 above will be available for COMPANY use. It is anticipated that Task 1 under Phase B will take approximately four weeks to complete from notice to proceed. Phase B Task 2 will be scheduled once Task 1 is completed and per City staff schedule. COMPANY anticipates scheduling the open house with 30 days of completing Task 1. If a "hybrid" design is deemed necessary, COMPANY will complete the referenced reuse concept within two weeks following the conclusion of the open house. COMPANY anticipates presenting the preferred design concept to the City of Waterloo Leisure Services Department within two weeks of its finalization. Reviewers will have ten (10) business days to review the materials and forward comments following the presentation. COMPANY will make subsequent alterations to the preferred design concept, as requested by the CLIENT, within one week. If, after the ten (10) day review period has ended and COMPANY receives no responses or feedback, then COMPANY can consider review period complete. COMPANY will then present the final design concept to select elected officials as designed by the CLIENT. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services COMPANY will provide services as outlined in the Scope of Services included in Section 2.0. Mobilization to conduct any on-site activities are not included in Phases A and B Section 2 above. Phases A and B are primarily desktop studies, with the exception of in- person meetings. Supplemental services, not included in the agreement, can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others COMPANY will not utilize any subconsultants under this agreement Page 91 of 141 DRAFT- Professional Services Agreement City of Waterloo — Former Chamberlain Manufacturing Plant Redevelopment April 21, 2017 Page 5 of 11 Hourly rates with a maximum not -to -exceed sum in the amount of $56,000-60,000 to complete the Scope of Work discussed in Section 2.0. Page 92 of 141 DRAFT- Professional Services Agreement City of Waterloo -- Former Chamberlain Manufacturing Plant Redevelopment April 21, 2017 Page 7 of 11 phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above -referenced rules. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. Page 93 of 141 DRAFT- Professional Services Agreement City of Waterloo — Former Chamberlain Manufacturing Plant Redevelopment April 21, 2017 Page 9of11 by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENTS sole risk, Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENTS expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY'S control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. Page 94 of 141 DRAFT- Professional Services Agreement City of Waterloo — Former Chamberlain Manufacturing Plant Redevelopment April 21, 2017 Page 11 of 11 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Scott Mattes, P.E. Approved by: Printed/Typed Name: Title: Vice President James E. Halverson CITY OF WATERLOO Accepted by: Date: Printed/Typed Name: Noel Anderson Community Planning and Development Title: Director Date: Page 95 of 141 CITY OF WATERLOO Council Communication Resolution terminating exiting lease with Kristen Johnston and approving new lease with Robby Wagner to lease eight (8) acres of city owned property along Bishop Avenue south of the Blowers Creek drainage way for $600 per year for one (1) year with option to renew for one (1) year. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Planning & Zoning ATTACHMENTS: Description D Arial Photo D Lease Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Even, LeAnn Action Approved Type Cover Memo Cover Memo D ate 5/17/2017 - 4:29 PM Resolution terminating exiting lease with Kristen Johnston and approving new lease with Robby Wagner to lease eight (8) acres of city owned property along Bishop Avenue south of the Blowers Creek drainage way for $600 per year for one (1) year with option to renew for one (1) year. Submitted By: Noel Anderson, Community Planning and Development Director Approval Robbie has horses that she wishes to stable at the site and is requesting to rent the 8 acres for $600 a year. If approved the lease will be for one year with an option to renew for one year in May of 2018. Staff believes this to be a fair lease amount based on the Iowa State 2016 Cash Rental Survey. N/A N/A Lease of city owned land Continue to mow Page 96 of 141 11/9/2016 Printable Map Output Black Hawk County, Iowa 4 hospital airport eredept parks_ lurks Worm' h,?/` Railroads f Townships sachone Water ElParcels RlphtearWey 1. „I Township ,,f City Linos rallroed_dlm manikins walarnane_ paruldim MaacraalodwnhArcIMS Cauynght(CI 1982.2031 Usk IInc Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor(u7co.black-hawk.ia.us.orq Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains nformation required for local government purposes. See the recorded documents for more detailed lee al information. Page 97 of 1431 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this day of , 2017, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property located along Bishop Avenue just south of the drainage way and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. 2. The City agrees to allow Lessee to use and occupy the aforementioned City property for a term commencing on the day of , 2017, and terminating on the day of , 2018. The Lessee agrees to pay the City $600.00 for use of said City property during said term. 3. The City may terminate this Agreement upon thirty (90) days' written notice if the City needs the use of said City property for its own purposes. Lessee may terminate this Agreement upon thirty (30) days' written notice to the Waterloo Community, Planning, and Development Department. 4. Lessee agrees to maintain the City property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the property as a grass area only. Any damage caused by Lessee or by the result of grazing horses on property in question, the property must be restored to its original condition upon the termination of lease. Further, Lessee agrees that if flooding occurs, the horses will be removed to another location until the land has dried and recovered sufficiently to allow grazing and pasturing again. 5. Lessee agrees to remove upon termination of lease any and all fencing and structures from the premises, returning the property to its original condition prior to leasing. Lessee will adequately sign all electrical fencing. 6. Lessee will assume full responsibility for any and all horses escaping and agrees to assume liability for any damage caused to the horses being at large or any injury or death of horses while at large. 7. Lessee agrees to post adequate signs to keep hunters and trespassers off the property. Lessee will be solely responsible for keeping trespassers off the property. 8. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, actions, causes of action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury, which may occur to Lessee's horses as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's Horses as a result or consequence of the use of the City property. 9. Lessee agrees to provide adequate insurance for the protection of the City property and the Lessee's horses. Such insurance shall name the City as an additional insured. 10. Lessee agrees to prohibit all engine -powered off-road vehicles and four-wheel Page 98 of 141 drive vehicles. 11. In the event any other person acquires a right of ingress and egress across the City property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance, which may be necessary, at no cost to the City. 12. This agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of both parties. EXECUTED THIS DAY OF , 2017. CITY OF WATERLOO LESSEE: APPROVED BY: By: Mayor By: AI LEST: City Clerk CITY'S ACKNOWLEDGMENT: STATE OF IOWA, COUNTY, SS: On this day of , AD 20 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County Page 99 of 141 EXHIBIT "A" LEGAL DESCRIPTION SE NW NW SEC29T89R12EXCS66 Page 100 of 141 CITY OF WATERLOO Council Communication Resolution accepting proposal from Terracon for materials testing and construction observation services in conjunction with the FY2017 Northeast Industrial Park Site Grading Project, and authorize Engineering to execute said proposal. City Council Meeting: 5/22/2017 Prepared: 5/19/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/19/2017 - 12:23 PM Clerk Office Felchle, Kelley Approved 5/19/2017 - 3:44 PM ATTACHMENTS: Description Type D RATE SCHEDULE Cover Memo D Terracon Proposal Cover Memo SUBJECT: Resolution accepting proposal from Terracon for materials testing and construction observation services in conjunction with the FY2017 Northeast Industrial Park Site Grading Project, and authorize Engineering to execute said proposal. Submitted by: Submitted By: Jeff Bales, Associate Engineer Recommended Action: Approval. Expenditure Required: Not to exceed $20,000 Source of Funds: NE Industrial TIF Policy Issue: Economic Development Alternative: NA Background Information: THIS IS PART OF DEVELOPMENT OF NE INDUSTRIAL PARK Page 101 of 141 Proposal for Materials Testing and Construction Observation Services 2017 Site Grading -Northeast industrial Park r:, Waterloo, Iowa May 17, 2017 Terracon Proposal No. P13171069 Unit Rate Schedule 1Ferrcon Rate Unit PERSONNEL Administrative Services Field Technician Senior Field Technician Field Engineer Project Manager Senior Project Manager Senior Project Engineer Senior Principal LABORATORY TESTIN... Standard Proctor (4 -inch mold) Standard Proctor (6 -inch mold) Atterberg Limits (multipoint) FIELD E UIPMENTiMATERIAI-S L Nuclear Density Gauge $30.00 hour $48.00 hour` $63.00 hour* $85.00 hour' $90.00 hour $100.00 hour $125.00 hour $165.00 hour $105.00 each $120.00 each $70.00 each $30.00 day TRIP CHARGE Technician Sample Pick -Up $80.00 trip $100.00 trip *Overtime is defined as all hours in excess of eight (8) per day, outside of the normal hours of 7:OOAM to 5:OOPM Monday through Friday, and ail hours worked on Saturdays, Sundays, and holidays. Overtime rates will be 1,5 times the hourly rate quoted (2 times the hourly rate for Sundays and holidays). A one-hour minimum charge per task is applicable to all site visits, The representative's travel time, vehicle, and mileage are combined into a Trip Charge You will be invoiced on a periodic basis for services actually performed as authorized or requested by you or your designated representative. Responsive Resourceful Reliable Page 102 of 141 Proposal for Materials Testing and Construction Observation Services 2017 Site Grading -Northeast Industrial Park r:. Waterloo, lowa May 17, 2017 Terracon Proposal No. P13171069 COST ESTIMATE Service Type EARTHWORK OBSERVATION AND TESTING Estimated quantities are based on the following: Field Technician Site Grading Fill Placement Utility Trench Backfill Placement Pavement & Building Site Subgrade Preparation Senior Field Technician Subgrade Observation/Proofroll Trip Charge* Technician Field Equipment Nuclear Density Gauge No. of Hr(s)./ Services service Rate i rerrcon Unit Gast 30 1.00 $48.00 hour $1,440.00 3 1.00 $48.00 hour $144,00 5 1,00 $48.00 hour $240.00 5 1.50 $63.00 hour $472.50 43 $80.00 visit $3,440.00 38 $30.00 day $1.140.00 Subtotal = $6,876.50 LABORATORY SOIL AGGREGATEIES€TING> Estimated quantities are based on the following: Standard Proctor (4 -inch mold) Standard Proctor (6 -inch mold) Atterberg Limits (multipoint) 4 1 2 $105.00 each $420.00 $120.00 each $120.00 $70.00 each $140.00 Subtotal = $680.00 SITE O?ERATIONS OSSERVATION;a Estimated quantities are based on the following: Field Engineer Monitoring of Site Operations -Field Engineer Trip Charge* Field Engineer Responsive Resourceful Reliable 20 2.00 $85.00 hour $3,400.00 20 $120.00 visit $2,400.00 Subtotal = $7,400.00 Page 103 of 141 Proposal for Materials Testing and Construction Observation Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 17, 2017 s: Terracon Proposal No. P13171069 COST ESTIMATE Service Type 1rerrac n No. of Hr(s)./ Services service Rate Unit Cost Estimated quantities are based on the following: Project Administration Administrative Services Project Manager Senior Project Engineer Trip Charge (Project Meetings, Safety Orientation, etc.j Technician Regional Struct. Steel Tech (includes vehicle and mileage 0 6 $30.00 hour $180.00 25 $90.00 hour $2,250.00 1 $125,00 hour $125.00 0 $80.00 visit $0.00 $115.00 visit $0.00 Subtotal = $2,555.00 ESTIMATE OBSERVATION AND TESTINGF_EE ESTIMATED TOTAL = $17,511.50 *We anticipate providing multiple services during some trips; therefore, the quantity of services estimated may not equal the quantity of trips estimated, It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate If the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor's schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production. The estimated cost can then be revised if necessary, Responsive v-. Resourceful - Reliable Page 104 of 141 11-erracon May 19, 2017 City of Waterloo Engineering Department 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Jeff Bales P: (319) 291.4312 E: jeff.bales@waterloo-ia.org Re: Proposal for Construction Observation and Materials Testing Services 2017 Site Grading — Northeast Industrial Park Waterloo, Iowa Terracon Proposal No. P13171093 Dear Mr. Bales: As requested, Terracon Consultants, Inc. (Terracon) is submitting this proposal for construction observation and materials testing services for the above -referenced project. This proposal outlines our understanding of the project and scope of services, provides a fee schedule and estimated cost for our services, and presents our Agreement for Services. Terracon has provided observation and testing services for several similar projects in the area. We believe our experience and commitment to responsive quality service will make Terracon a valuable asset to the project. 1.0 PROJECT INFORMATION Project information available for review at the time of this proposal includes: — Civil pians provided by JDE Engineering — Conversations with Jim Elis to discuss preliminary scope, quantities and schedule information We understand the project consists of: — Grading the Base Bid and Alternate #1 sites for the Northeast Industrial Park Project in Waterloo, Iowa Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, IA 50613 P [319] 277 4016 F [319] 277 4321 terracon.com Environmental ■ Facilities Geotechnical • Materials Page 105 of 141 Proposal for Construction Observation & Materials Testing Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 19, 2017 Terracon Proposal No. P13171093 The project includes the following: - Underground utilities - Site grading fill placement 2.0 SCOPE OF SERVICES 2.1 Field and Laboratory Services lierracon Terracon will provide appropriately trained employees equipped to respond to the materials testing and construction observation needs of this project as scheduled by the Client or your designated representative. Based on our review of the information provided above, we understand the scope of the on-call services includes: Earthwork observation and testing: - Site preparation Site grading fill placement - Utility trench backfill - Pavement subgrade preparation Laboratory soil/aggregate testing - Standard Proctors Project Management Attendance at pre -construction and project meetings at Client's request Technical consulting at Client's request Supervision of laboratory and field services - Preparation and review of project reports and invoices If we have misunderstood any aspect of the proposed project, please advise us at once so we can evaluate the scope of services and make any necessary adjustments prior to finalizing the contract. Once the project is underway, you can request additional services. We will confirm your request by sending you a short supplemental agreement form that states the additional services, making them part of the original agreement 2.2 Scheduling Terracon's services will be performed on an as -requested basis with scheduling by the Client or the client's designated representative. Terracon will not be responsible for scheduling our Responsive Resourceful Reliable 2 Page 106 of 141 Proposal for Construction Observation & Materials Testing Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 19, 2017 Terracon Proposal No. P13171093 lierracon services and will not be responsible for tests or observations that are not performed due to failure to schedule our services on the project. Since our personnel will not be at the site on a resident basis, it will be imperative that we be advised when work is in progress. Services should be scheduled a minimum of 24 hours in advance. Scheduling personnel will be on an as -available basis which may require changes in personnel assigned to the project. For instances of short - notice requests, personnel may have to be utilized which have a higher rate than those normally assigned and this higher cost may be passed on to the client. All requests for services should be submitted to the Cedar Falls, Iowa office at the following phone number: (319) 277-4016. Services should not be scheduled through our field personnel. We recommend the scope of work described in this proposal be provided to the person(s) responsible for scheduling our services so they are aware of the services that are proposed. 2.3 Data Collection and Reporting All field technicians are responsible to provide a daily report identifying what work was found to be in compliance with the project specifications and drawings and report any non -conformances. The field technicians are required to immediately communicate any non -conformances to the site superintendent and our Project Manager. Effective and timely communication is essential for non -conforming items. Our Project Manager will be responsible for reviewing each technician's reports, keeping non-conformance lists up-to-date, and communicating test results in a timely manner. To ensure our project manager and field personnel meet the goals we have set for report turnaround, we have developed report tracking software to evaluate the status of any test result or report within our system. This allows us to achieve better communication, more consistency, and faster turnaround of reporting on the project. Data, observations, and other testing and inspection information are easily entered into the system and reports are auto -generated allowing for immediate availability of test results. Terracon will maintain non-conformance logs and lists for all testing types performed by us. The list will be maintained electronically in our database and can be updated and e-mailed or printed at any time. 2.3.1 CMELMSTM Management System In order to provide our clients with real-time field and laboratory data management and reporting, Terracon developed and maintains an automated application that we call CMELMS. The acronym stands for Construction Materials Engineering Laboratory Management System and is utilized by construction materials engineering and testing operations in our offices. Responsive 1., Resourceful Reliable 3 Page 107 of 141 Proposal for Construction Observation & Materials Testing Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 19, 2017 Terracon Proposal No. P13171093 lrerracon CMELMS is a complete and comprehensive field and laboratory testing data and results management system. The application can manage an unlimited number of reports and data for ease of reporting and documentation purposes. Features in the application include accessing and distributing test results and field observation reports by a push of a button. CMELMS automates the delivery of our testing and inspection information and can be used anywhere with an internet connection or through a wireless device. Data (test results and inspections) can be entered into the application right from the project site so that project managers and engineering staff have real-time access to the field data. Final Client. Reports are produced in the same application, which allows us to achieve better communication, more consistency, and faster turnaround of reports on the project. 2.3.2 Report Turnaround Time Our Project Managers and/or field technicians will report failing tests or non-conformance items immediately to the designated parties and will typically have digitally -signed reports distributed by the end of the next business day. As stated, using our CMELMS software and our field reporting and communication services and capabilities, the test results and inspection information is quickly entered into the system and a report produced. Non -deviation reports will typically be digitally signed and distributed within 5 business days of service. Laboratory test reports will typically be digitally signed and distributed within 2 business days of the completion of each test. Our reports can be sent digitally via email, posted to our Client Document Website (CDW), or posted to a designated ftp website. 2.4 Terracon's Incident and Injury -Free Culture Employee safety is a core value of Terracon and we are committed to an Incident and Injury -Free (IIF) workplace. It is our personal and organizational commitment at all levels of the company to everyone going home safe to their family every day. All employees are expected to perform their job assignments with safety as a primary objective. Terracon dedicates the time, resources, and equipment necessary for an IIF environment and no employee will be required to work in unsafe conditions. 3.0 COMPENSATION Fees for services provided will be based on the attached Unit Rate Schedule. These rates will apply for the duration of the project. Responsive Resourceful Reliable 4 Page 108 of 141 Proposal for Construction Observation & Materials Testing Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 19, 2017 Terracon Proposal No. P13171093 lierracon Based on our review of the above -referenced information, our estimated cost to perform the proposed scope of services is $17,511.50. A breakdown of our cost is provided in the attached Cost Estimate. For the purposes of developing this estimate, the quantities were estimated based on typical means and methods utilized by contractors/subcontractors in this area. It should be noted the Client would be billed only for the amount of service provided, i.e. Terracon will not bill for the total budget if the total booked is less than the budget. Please note this is only a budget estimate and not a not -to -exceed price. Many factors, including those out of our control, such as weather and the contractor's schedule, responses to requests for information, and how often we are called to the site, will dictate the final fee for our services. Furthermore, all costs associated with deviations, re -testing and re -inspections of failing items, on-site standby time, overtime, and short notice premiums are not included in our estimated cost. 4.0 AUTHORIZATION This proposal may be accepted by executing the attached Agreement for Services and returning it along with this proposal to Terracon. We reserve the right to withhold our reports until the signed Agreement has been received by Terracon. This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions and services to be performed for this project. This proposal is valid only if authorized within sixty days from the listed proposal date. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. Please call the undersigned if you have any questions or would like to review this proposal. Sincerely, Tercon Consultants, Inc. Rick Lo Principal Copies to: Addressee (1 pdf) Attachments: Unit Rate Schedule Cost Estimate Agreement for Services Responsive Resourceful Reliable Wade Hammersley - Project Manager 5 Page 109 of 141 Proposal for Materials Testing and Construction Observation Services 2017 Site Grading -Northeast Industrial Park Waterloo, lowa May 19, 2017 Terracon Proposal No, P13171093 Unit Rate Schedule lierracon Rate Unit PERSONNEL Administrative Services Field Technician Senior Field Technician Field Engineer Project Manager Senior Project Manager Senior Project Engineer Senior Principal LABORATORY TESTING Standard Proctor (4 -inch mold) Standard Proctor (6 -inch mold) Organic Content Test FIELD EQUIPMENT/MATERIALS Nuclear Density Gauge $30.00 hour $48.00 hour* $63.00 hour* $85.00 hour* $90.00 hour $100.00 hour $125.00 hour $165.00 hour $105.00 each $120.00 each $50.00 each $30.00 day TRIP CHARGE Technician Sample Pick -Up $80.00 trip $100.00 trip *Overtime is defined as all hours in excess of eight (8) per day, outside of the normal hours of 7:OOAM to 5:00PM Monday through Friday, and all hours worked on Saturdays, Sundays, and holidays. Overtime rates will be 1.5 times the hourly rate quoted (2 times the hourly rate for Sundays and holidays). A one-hour minimum charge per task is applicabie to all site visits. The representative's travel time, vehicle, and mileage are combined into a Trip Charge You will be invoiced on a periodic basis for services actually performed as authorized or requested by you or your designated representative. Responsive Resourceful Reliable Page 110 of 141 Proposal for Materials Testing and Construction Observation Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 19, 2017 Terracon Proposal No. P13171093 Service Type COST ESTIMATE No. of Hr(s)./ Services service Rate lierracon Unit Cost EARTHWORK OBSERVATION AND TESTING Estimated quantities are based on the following: Field Technician Site Grading Fill Placement Utility Trench Backfill Placement Pavement & Building Site Subgrade Preparation Senior Field Technician Subgrade Observation/Proofrorl Trip Charge* Technician Field Equipment Nuclear Density Gauge 30 1.00 $48.00 hour $1,440.00 3 1.00 $48.00 hour $144.00 5 1.00 $48.00 hour $240.00 5 1.50 $63.00 hour $472.50 43 $80.00 visit $3,440.00 38 $30.00 day $1,140.00 Subtotal = $6,876.50 LABORATORY SOIL 1 AGGREGATE TESTING Estimated quantities are based on the following: Standard Proctor (4 -inch mold) Standard Proctor (6 -inch mold) Atterberg Limits (multipoint) 4 1 2 $105.00 each $420.00 $120.00 each $120.00 $70.00 each $140.00 Subtotal = $680.00 SITE OPERATIONS OBSERVATIONS Estimated quantities are based on the following: Field Engineer Monitoring of Site Operations -Field Engineer Trip Charge* Field Engineer Responsive Resourceful Reliable 20 2.00 $85.00 hour $3,400.00 20 $120.00 visit $2,400.00 Subtotal = $7,400.00 Page 111 of 141 Proposal for Material's Testing and Construction Observation Services 2017 Site Grading -Northeast Industrial Park Waterloo, Iowa May 19, 2017 Terracon Proposal No. P13171093 Service Type COST ESTIMATE lrerracon No. of Hr(s)J Services service Rate Unit Cost PROJECT MANAGEMENT Estimated quantities are based on the following: Project Administration Administrative Services Project Manager Senior Project Engineer Trip Charge (Project Meetings, Safety Orientation, etc.) Technician Regional Struct. Steel Tech (includes vehicle and mileage 0 6 $30.00 hour $180.00 25 $90.00 hour $2,250.00 1 $125.00 hour $125.00 0 $80.00 visit $0.00 $115.00 visit $0.00 Subtotal = $2,555.00 ESTIMATED OBSERVATION AND TESTING FEE ESTIMATED TOTAL = $17,511.50 *We anticipate providing multiple services during some trips; therefore, the quantity of services estimated may not equal the quantity of trips estimated. It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor's schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production. The estimated cost can then be revised if necessary. Responsive Resourceful Reliable Page 112of141 lferracon Reference Number P13171093 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo IA (`Client') and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the 2017 Site Grading - Norrtheast Industrial Park project ("Project"), as described in the Project Information section of Consultant's Proposal dated 05/19/2017 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services are otherwise described in Exhibit 13 to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g mold, fungi, bacteria, viruses. or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2 Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shalt consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4 Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). 11 not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax_ Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages. including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6 LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7 Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. B Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9 Insurance. Consultant represents that it now carries, and will continue to carry. workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance (51,000,000), (ii) Page 1 of 2 Rev. 10-16 ciyu FlDO 1Terracon Reference Number: P13171093 commercial general liability insurance ($1,000,000 occ 1 $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.l. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall fumish or cause to be furnished to Consultant alt documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, fosses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subco tractors, or other parties present at the site. Consultant: By: ac 1 nc. ie Date: 5/19/2017 Name/Title: r' • is . - rd - • ckhart / Office Manager 1I Address: 310 apital Way Ste 5 Cedar Falls, IA 50613-7030 Phone: (319) 277-4016 Fax: (319) 277-4320 Email: Rick.Lockhart@terracon.com Page 2 of 2 Client: City of Waterloo IA By: Name/Titie: Jeff Bales Date: Address: 715 Mulberry St Waterloo, IA 50703 Phone: (319) 291-4312 Fax: Email: jeff.bales@waterloo-ia.org Rev. 10-16 age 114 of 1 CITY OF WATERLOO Council Communication Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access and stop loss and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Human Resources Even, LeAnn Approved 5/17/2017 - 1:02 PM ATTACHMENTS: Description Type ❑ Wellmark Renewal Agreement Backup Material Resolution approving Renewal Agreement with Wellmark Blue Cross Blue SUBJECT: Shield for fees associated with administration, network access and stop loss and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Jim Rodemeyer, Interim Human Resource Director It is anticipated the renewal will cost $1,309,134 at the end of this fiscal year and are projected to decrease by approximately 1% in the next fiscal year. Summary Statement: Delta Dental fixed costs are projected to be $32,376 at the end of this fiscal year and anticipates a slight increase next fiscal year, dependent upon number of employees covered by health and dental insurance. Expenditure Required: $1,309,134 $32,376 Page 115 of 141 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 May 17, 2017 Mayor and City Council I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees and Delta Dental fixed fees. The one year renewal agreement for covered employee and retiree plans will be effective July 1, 2017. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $1,309,134 at the end of this fiscal year and they are projected to decrease by approximately 1 % in the next fiscal year. The Delta Dental fixed costs are projected to be $32,376 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered by the health and dental insurance plans. erely, od-meyer nterim Human Resources Director Cc: file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 116 of 141 CITY OF WATERLOO Council Communication Resolution approving a 2.65 percent salary increase for non -bargaining employees effective July 1, 2017. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Human Resources Even, LeAnn Approved 5/17/2017 - 10:40 AM ATTACHMENTS: Description Type D Non -Bargaining Wage Increase Backup Material SUBJECT: Resolution approving a 2.65 percent salary increase for non -bargaining employees effective July 1, 2017. Submitted by: Submitted By: Jim Rodemeyer, Interim Human Resources Director Recommended Action: Approval. Page 117of141 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 May 17, 2017 Mayor and City Council I am writing in reference to the item on the City Council agenda that recommends a 2.65% across the board increase for all non -bargaining employees. This is the same increase granted to the bargaining unit employees under the various collective bargaining agreements. I have attached a chart that shows the proposed hourly rate and annual salary for each non -bargaining employee. Several years ago, the City Clerk/Human Resources Director completed a fairly extensive non -bargaining salary survey. This review showed that most of the City of Waterloo non -bargaining job classifications were undervalued when comparing their base salary to like positons in Iowa cities of similar size. It does not appear that much has changed since that study was completed and this puts the City of Waterloo at a distinct disadvantage when attempting to attract and retain employees in a competitive marketplace. In addition, another aspect of an equitable compensation system is the comparison of supervisory compensation to the compensation of their subordinates. Granting the same salary increase to non -bargaining and bargaining employees assists in avoiding wage compression between managers and the employees they supervise. The Finance Department has calculated an approximate cost of $180,373 for this increase with $131,296 of this amount coming from the general fund. The dollars to fund this increase were approved by the City Council in next year's budget. Sincerely, gde4iye Interim Human Resources Director Cc: file CITY WEBSITE; www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 118 of 141 Proposed Annual Rate C0000000 O c0 L.n Ln .6 M t • O .7 Ln CO N or...- t/r N rn N ON n'1 ter O N rn tO d- 4" N •- *-- N O in ter .O Lrl co Ln N 0 ter N O-: ^ N a` ^- ter $ 55,432.00 $ 74,942,40 $ 47,236.80 $ 72,446.40 0 N — N. Ln . d' ih 0 CO .6 rn O CO .6 ter 0 .7 M L!1 ^- .6 c0 t/} 0 N rri N ON d- ter 0 CO .O n1 N r: d- ter 0 ..0 ^ 0 d' Lr1 rn ter 0 N O� Ln N . d- ti} 0 d' .7 d• O .ri M ter 0 tt .. .6 Ln O` d• to 0 .'] rn G� •- cEl d• t/r 0 .° O` CO CO O` N ter 0 v' ^ O d' LC rn ter 0 d' S1 .7 Lrl O` d- ter 0 d' .6 o Ln O` d" th $ 37,752.00 0 O d- N m c0 ter 0 0 N ^ m O- rn ter 0 .6 O` .o ^ N M ter 0 O .7 rn as ^-- ON ter 0 co Ni C 1- c 0 ter Proposed Hourly Rate N. O, — N t/} Lrl d- O` d' t/r d- Ln Lri rn 4" O ON N N t!} d' ^ d- N t/} $ 54.80 co d- c0 ^ t/} Ln .O .6 N t/} M^ o .6 nn t/} N. N N t/} m co d- en t/} $ 22.39 N fit rn t/} $ 41.42 d' 0 M N th ^- n Ni N th N 0 r\ ^ th $ 22.24 nn M N ^- 4" $ 23.83 n ^ rri N i/} N. m d- — th N o N ^ t/? rn of rn N t/} $ 23.83 Ul ^ CO ^ t/r N 0 O d' t/r 0 ON CO •- t!} N. c0 N. ^- 4" 0 N d- d• N .7' ^ N in ih City of Waterloo Proposed Non -Bargaining Increases Effective 7-1-2017 Last Name, First Name Department Title 29-003 - Bookkeeper 29-001 -Airport Director 22-001 - Building Official 22-002 - Permit Writing Specialist 06-002 - Legal Secretary 06-003 - City Attorney 14-01 1 - Code Enforcement Officer 03-005 - Deputy City Clerk 03-003 - City Clerk 03-012 - Administrative Secretary 32-008 - Rehabilitation Services Manager 32-006 - Rehabilitation Specialist 32-003 - Neighborhood Services Coord 32-002 - Community Development Director 32-007 - Rehabilitation Specialist 32-009 -Administrative Secretary 26-002 - Registrar 26-014 - Recreation Maintenance 26-012 - Youth Pavilion Manager 26-021 - Event Coordinator 26-003 - Recreation Bookkeeper [26-023 - Facilities Services Specialist 26-011 - Technician / Preparator 26-006 - Curator/ Registrar [26-007 - Education Coordinator 26-004 - Graphic Designer/ Dig Arts Mgr 26-001 - Culture & Arts Director 26-005 - Development Marketing Manager 26-022 - Facilities Services Manager 07-002 - Assistant City Engineer ,07-001 - City Engineer Airport iv O Q Building Department/Inspections Building Department/Inspections City Attorney City Attorney City Attorney/Code Enforcement City Clerk u + U City Clerk Community Development Community Development Community Development Community Development Community Development Community Development Cultural & Arts Cultural & Arts Cultural & Arts Cultural & Arts ............... Cultural & Arts Cultural & Arts Cultural & Arts Cultural & Arts Cultural & Arts Cultural & Arts 14 Q f3 3 3 u Cultural & Arts Cultural & Arts Engineering/Road Use Tax Engineering/Road Use Tax COMBS, SHEILA M KASPARI, KEITH D AHLHELM, GREGORYA SPARKS, JENNIFER L AKiN, SHERYL D ZELLHOEFER, DAVID R COOK, TIMOTHY J EVEN, LEANN M FELCHLE, KELLEY M Q >- u z Q Z CO BOESEN, MARK A CHESMORE, MATTHEW C GOODMAN, PERRY C JONES, RUDY MARTIN, JON D MERFELD, ANiTA J ANDREWS, ELIZABETH COLEMAN, LONZO GARRETSON, AMY GLEASON, CARRIE A HAWKENSON, PAULETTE JENSEN, SPENCER B KLENSKE, THOMAS J PAIGE, CHAWNE REID, ANGELA J RENDALL, BENJAMIN E SHANKLE, KENT STAMMLER, LAURA B WELSH, JASON RICHARD GENTZ, DENNIS J THORSON, ERIC A Page 119 of 141 0 co O .o O .O .7 yr 0 O Ct3 so ON od in yr 0 Ns— O` M — N yr 0 — O N cos' NO ..r 0 co so M N N; d- t.r d- d- m d" N Nri ON yr $ 95,743.44I d• d- r+1 d- N� Ln. ON yr 0 o d' d- M ci. — yr 0 co r' — so so. d- yr 0 so Lri o Ln d'' N yr 0 - N N. M. d- yr $ 52,312.00 I 0 d" o — — d' N. t.r 0 .o. - so N. at:' d• v} $ 52,312.00 I 0 '- N 0 M co yr 0 co N v7 a d- yr 0 o (V rn ni l.n yr $ 52,312.00 I 0 co a M N N: d• v} 0 N o — N Li to v} 0 CO 00 N CO r- .o v} 0 o .!i — N .6 CO t.r 0 CO .7 M N r. d- .vr 0 CO d' CO O r: N yr $ 52,187.20 0 d- .6 N M c so yr 0 o CO CO O co co yr 0 d- sO N CO Q s..o yr $ 45,864.00 I 0 CO sd Ln ON d O v} 0 d- .o N M G' .O v) 0 0 co CO o C: d- v} .O N M yr $ 28.35 d- N co Lr1 v} N. N M M v} $ 22.71 d• N d M i.} $ 34.74 d- N d M v} $ 53.051 — d N N i.} N CO to M v} ZO'IZ $ Nn Ln N cr} $ 35.63 N Ln— �- N 44 L in N 44 $ 28.03 1 -- d- N N 44- in — Ln N yr in — Ln N yr r- N� N N 4." d- N.0 .O N yr ^ N M +h in d ^- d +h — N Ni N yr .O O N: M v} C o Lri N 44 M M M M 44 $ 42.35 M M M M 4.4 22.05 .O d- O [4 yr M M M M vT O O M N i/T 03-006 - Financial Analyst 03-007 - Financial Analyst 03-004 - Chief Financial Officer 12-079 - Regional Training Center Coord 12-104 -Administrative Secretary 1 12-101 - Battalion Chief - 24hr 12-100 - Battalion Chief- 24hr 12-102 - Battalion Chief- 24hr 12-077 - Chief of Fire Services 12-108 - Medical Services Specialist 12-103 - Medical Supervisor 13-005 - Housing Authority Maintenance 13-002 - Housing Coordinator 13-003 - Housing Authority Director 13-006 - WHA Part -Time inspector-- 1 ...................... . 13-007 - Housing Coordinator 13-004 WHA Inspector Supervisor 13-001 - Bookkeeper 13-009 - Housing Coordinator 13-008 - Housing Coordinator 09-002 -Administrative Secretary 09-003 - Human Resources Specialist 1 09-001 - Human Resources Manager 09-005 - Human Resources Director 1 27-003 - Administrative Secretary 27-001 - Human Rights Director 27-002 - Human Rights Specialist 37-014 - Golf Manager 37-002 - Asst Leisure Services Director 37-012 - Forestry Coordinator ............... 37-080 - Forestry Specialist 37-003 - Leisure Services Director 1 37-019 - Facilities Manager 37-001 - Office Coordinator/Bookkeeper C LL, C L i 'LL Fire Department Fire Department Fire Department Fire Department ....................-- Fire Department Fire Department Fire Department/Ambulance v u C m E ,_c< c E L rz n Q% f::) EC Housing/Ridgeway Towers Housing/Voucher Housing/Voucher Housing/Voucher Housing/Voucher Housing/Voucher ..............--- Housing/Voucher Housing/Voucher Housing/Voucher Human Resources Human Resources Human Resources Human Resources Human Rights Human Rights Human Rights Leisure Services/Golf Leisure Services/Parks Leisure Services/Parks Leisure Services/Parks Leisure Services/Parks Leisure Services/Parks ............._..-- Leisure Services/Parks BOHLEN, BRENT A GRAHAM, EMILY WEIDNER, MICHELLE C BROCKWAY, PATRICIA BRUMBAUGH, BEVERLY 5 .............---- FRESHWATER, MARTIN JENN, MICHAEL MOORE, MICHAEL TRELOAR, PATRICK A CHRISTIANSEN, ERICA L MCBRIDE, BARBARA J JACKSON, DANA LEE COSBY, BEVERLY A DAWSON, JULIE A DEBERG, NED R HILL-DORRiS, WANDA K LENIUS, JOHN H IMAYER, SONIA ANN WESSELS, JANET L WRIGHT, TAJAH MAREE CULPEPPER, NANCY A FISCHELS, NICOLE HUDDLESTON, CHERYL DUNN, LANCE BURCH, SHELLY L FUNCHESS, ABRAHAM L JOHNSON, REBECCA BOLGER, JAMES BACHMAN, WILLIAM C DERIFIELD, TODD FOSTER, BRYAN D HUTING, PAUL NICHOLS, TRAVIS WELSH, MADONNA Page 120 of 141 O O .6 CO u1 d- tn. O O d' .7 00 ul d- tn. O d' O Ln [n G` Ln N O o d' .7 CO ill d- tn, $ 78,852.80 O o d' .O CO Eli d- irr O d- .O N in G� .O tn- O O d` .0 CO d- irr O O 00 O .O d- t� O N --- in N d= .0 tn. $ 78,228.80I O o d .`7 N Ob O tn. o d- ..] N N. .7 .0 trr 0 d- .O d, CO 0` .7 irr 0 CO O .0 ON O r'1 try. 0 O .O 111 N cd d- tel. 0 N N o rn u u1 Orr 0 N o ON .O .6 0. trr 0 N rr1 d- .0 M in trr O N - to N rrl O -Ler O co .O ril N N- d• 4r} I OVZZO"LL 0 d- O M N ni O 4" $ 110,344.00 O d• O (Y) N rel O iPr O co co CO N - M tn. O co .6 m N N\ d• tn- O d- O M N ^ u -s t/} o O 00 CO d- N til- O CO Ni N. m Ni ON 4!7 O CO .O m N N. d• 4.4- $ 16,400.80 $ 22.05 $ 22.05 $ 28.63 111 O N N trr - C N. M irr 111 O N N trr rn rr1 rr1 rn t/} Ln O Ni N tri in CO m N 4h 0. CO O rn 4rr ^ .0 N. r'1 N V) 0 Ni ul 4" o o Ni rn 4/7 CO u1 nri m 4" N` r Cs` N t!7 $ 23.20 G. u1 .O N 4/7 O. d• .7 d- 4...1. ON N. u- N 4....1. d- .O a: d- 4r1. ^ N. Ni N tel. m O t. Cr) 4/} M .O d' trr $ 53.05 m .O fT d• LI. .0 M M .0 4/5. ^ Ni N 4...1. r Vr d- N t/7 u1 00 d' rn 4h •- d- d- d- 4/1- �-- N. Ni N- t/} N. N. u1 V} 37-006 - Recreational Specialist 37-055 - Facilities Specialist 37-057 - Recreation Supervisor 37-054 - FITNESS SPECIALIST 37-056 - Recreation Services Manager 37-053 - Aquatics Mbr Services Spec 37-008 - Arena Manager 37-007 - Recreational Specialist 37-004 - Asst Arena Manager 33-035 - Business Office Manager 33-002 - Reference & Tech Systems Admin 33-001 - Library Director 33-037 - Youth and Teen Services Manager 33-038 - Circulation Technical Svcs Mgr 01-007 - Communications Manager 03-016 - Cable TV Production Assistant 03-011 - Cable TV Production Coordinator 01-004 - Director of Info Technology 01-003 - Executive Secretary Communications Director 08-004 - Comm Planning & Dev Director 08-007 - Administrative Secretary 08-001 - City Planner 1 1-126 - Police Captain 11-003 - Captain of Police Services 11-125 - Police Captain 1 1-002 - Director of Safety Services 1 1-138 - Administrative Secretary 19-021 - Administrative Secretary 19-005 - Operations Supervisor - Street 17-001 - Traffic Operation Superintendent 17-009 -Administrative Secretary 17-020 -Animal Control Svc Spec PT Leisure Services/Sports Leisure Services/SportsPlex Leisure Services/SportsPlex Leisure Services/SportsPlex Leisure Services/SportsPlex Leisure Services/SportsPlex Leisure Services/Young Arena Leisure Services/Young Arena Leisure Services/Young Arena L .a_ ..i L 0 _i L .Q L .Q al L� S_] J Management information Systems Management information Systems Management Information Systems Management information Systems a M o ft Planning & Zoning Planning & Zoning Planning & Zoning 'Police Department Police Department Police Department [Police Department Police Department [Street Department Street Department No raise as Interim. She reverts to $38.12 plus 2.65%. Traffic Operations Traffic Operations/Animal Control IHiLDMAN, ALEX IDENNER, CRAIG IETRINGER, ROBERTJ FREDERICK, JACOB GALLAGHER, MARK MOELLER, KATHRYN LYNN DOLAN, CHRISTOPHER ISCHAEFER, JACOB J SCHARES, JOEL [CHAPMAN, KiM DARGAN, MiCHAEL J NIELSEN, STEVEN P 'PETERSEN, LORi A IROSSMAN, NICHOLAS BOWMAN, WENDY 5 CASHMAN, MARC C STOFFER, EDWARD YOUNGBLUT, CHRISTOPHER J I WESTPHAL, MICHELLE M BOWMAN, WENDY S ANDERSON, NOEL C MAGEE, PATRICIA SCHROEDER, ARIC 'KROGH, FRANK LEEBOLD, JOSEPH MOHLIS, DAVID A TRELKA, DANIEL J WYBORNEY, KIMBERLY) BALK, DONNA L PAULEY, TONY GRECO, SANDRA*** HOLMES, SUSAN C HAYWARD, SALLY SEALYNN Page 121 of 141 $ 16,400.80 $ 16,400.80 $ 70,886.40 $ 47,236.80 0 co N o d' 0 o d' m O 0 co o 00 Ln O,.' 0 co o M N I: N N in r- v} N. N L{i — v} $ 34.08 N Ni NJ en- $ 40.71 $ 53.05 N 00 r l en- N Ni N v} 17-020 - Animal Control Svc Spec PT 17-020 -Animal Control Svc Spec PT 15-018 - Operations Supervisor - Sani 115-017 - Administrative Secretary 14-001 - Asst Dir/ Coll Sys Superint 14-002 - Waste Management Director 114-003 - Treatment Operations Supervisor 14-015 - Administrative Secretary jTraffic Operations/Animal Control Traffic Operations/Animal Control Waste Management/Sanitation _J Waste Management/Sanitation - v v Les CC v E v CTt M C 1 v M v43 v en v E v CT' ro c ti v Waste Management/Sewer Waste Management/Sewer JOHNSTON, KRISTEN M WARNS, VANIA BARRETT, SAMUEL L ELLIS, ELLA BROADHEAD, RYAN HOAMBRECKER, STEVEN RATH, BRIAN RUSSELL, EVELYN R Page 122 of 141 CITY OF WATERLOO Council Communication Resolution affirming the sale of and limiting the use of fireworks in the City of Waterloo, Iowa during the period of June 30, 2017 to July 4, 2017. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 5/17/2017 - 3:42 PM ATTACHMENTS: Description Type D Resolution as proposed Backup Material SUBJECT: Resolution affirming the sale of and limiting the use of fireworks in the City of Waterloo, Iowa during the period of June 30, 2017 to July 4, 2017. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Summary Statement: The proposed resolution limits use of consumer fireworks to the following dates and times: June 30- 9:00 a.m. to 10:00 p.m. July 1- 9:00 a.m. to 11:00 p.m. July 2- 9:00 a.m. to 11:00 p.m. July 3- 9:00 a.m. to 10:00 p.m. July 4- 9:00 a.m. to 11:00 p.m. Sale of fireworks would be limited to specific zoning locations (see attached resolution) and require site approval from Planning and Zoning Department. Sales would be allowed in accordance with state law during the period of June 1 to July 8 for permanent structures and June 13 to July 8 for temporary structures. Page 123 of 141 Prepared by Kelley Fetchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017 -XXX RESOLUTION AFFIRMING THE SALE OF AND LIMITING THE USE OF FIREWORKS IN THE CITY OF WATERLOO, IOWA DURING THE PERIOD OF JUNE 30, 2017 TO JULY 4, 2017. WHEREAS, the State of Iowa passed and the Governor of Iowa signed Senate File 489 into law on May 9, 2017 permitting the sale and use of consumer fireworks defined pursuant to §100.19(1)(c) and §100.19(1)(e), and WHEREAS, the law took immediate effect and allows persons 18 years of age and older and firms, partnerships, and corporations to possess, use, and explode consumer fireworks on private property on certain dates, at certain times, and within certain time limitations, and WHEREAS, §364.2(6) authorizes a City Council to prohibit or limit the use of fireworks by resolution or ordinance, and WHEREAS, the City Council wishes to limit the use and explosion of consumer fireworks within the city limits of the City of Waterloo between and including the dates of June 30, 2017 through July 4, 2017, and WHEREAS, the City of Waterloo reserves the right to impose prohibitions and restrictions at a later date if the City Council deems it necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1: Sale of Fireworks Allowed: The City Council of the City of Waterloo hereby affirms state law allowing the sale of consumer fireworks. Section 2: Sale of Fireworks Restricted to Certain Locations: The sale of fireworks shall be restricted to locations zoned as follows: C-1 Neighborhood Commercial District, C-2 Commercial District, C -P Planned Commercial District, C-3 Central Business District, M-1 Light Industrial District, M-2 Heavy Industrial District, M -2,P Planned Industrial District, B -P Business Park District, and S-1 Shopping Center Commercial District. Approval of sales locations and parking accommodations for such locations shall be approved by the Community Planning and Zoning Department. Section 3: Use and Explosion of Fireworks Restricted: Use and explosion of consumer fireworks shall be restricted to days between and including June 30, 2017 through July 4, 2017 between the hours of 9:00 a.m. and 10:00 p.m., except as modified by §727.2(4)(b)(1). Section 4: Location of the Use and Explosion of Fireworks: The City Council of the City of Waterloo hereby affirms state law allowing the use and explosion of consumer fireworks as defined by §727.2(4)(c), which restricts the use and explosion of fireworks to the user's real property or on the real property of a person who has consented to the use of consumer fireworks and novelties on that property. Section 5: Variance to Noise Ordinance: A variance to Ordinance No. 3094, Noise Ordinance, is hereby granted for days between and including June 30, 2017 through July 4, 2017 Page 124 of 141 Resolution No. 2017 -XXX Page 2 between the hours of 9:00 a.m. and 10:00 p.m., except as modified by §727.2(4)(b)(1), for the use of consumer fireworks on the user's real property or on the real property of a person who has consented to the use of consumer fireworks on that property. PASSED AND ADOPTED this day of May 2017. ATTEST: Kelley Felchle City Clerk Quentin Hart, Mayor Page 125 of 141 CITY OF WATERLOO Council Communication Resolution establishing a local taxpayer bill of rights for residents of the City of Waterloo, Iowa. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 5/17/2017 - 9:51 AM ATTACHMENTS: Description Type D Resolution Taxpayer Bill of Rights Backup Material SUBJECT: Submitted by: Resolution establishing a local taxpayer bill of rights for residents of the City of Waterloo, Iowa. Submitted By: Council Members Tom Lind, Bruce Jacobs, and Steve Schmitt Page 126 of 141 RESOLUTION NO. 2017 -XXX RESOLUTION ESTABLISHING A LOCAL TAXPAYER BILL OF RIGHTS FOR RESIDENTS OF THE CITY OF WATERLOO. WHEREAS, this great nation is built on the solid foundation of government being of the people, by the people and for the people, and WHEREAS, it has become too commonplace for governments at all levels, to solve financial problems by creating new taxes and fees and/or increasing existing taxes and fees with little or no regard for the abilities of people to pay those taxes, and WHEREAS, the responsibility of government is also extended to the provision of needed services to the people and to ensure that those services meet the test of what a needed governmental service is, and WHEREAS, the authority granted to a government to levy taxes and charge fees carries with it the responsibility to operate that government in an efficient, cost effective manner, devoid of pork barrel projects and political favoritisms. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Waterloo, that a Local Taxpayer Bill of Rights is hereby established and defined as follows: 1. Any proposed tax rate or fee increases will be discussed in an open and transparent manner. 2. Any proposed tax rate or fee increases will include extended public comment periods beyond what is required by state law. 3. Any tax rate or fee increase should be passed with a 60% vote (or supermajority) of the City of Waterloo City Council. 4. Any budget surpluses created by excess revenues in the general fund will be returned to the taxpayers by tax rate reductions. PASSED AND ADOPTED this 8t' day of May 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 127 of 141 CITY OF WATERLOO Council Communication An ordinance prohibiting the use of fireworks on city property. City Council Meeting: 5/22/2017 Prepared: REVIEWERS: Department Reviewer Action Date Water Works Felchle, Kelley Approved 5/18/2017 - 6:05 PM ATTACHMENTS: Description Type D Ord. as amended. Backup Material SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 7 Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 5 Use of Weapons, Fireworks, Subsection A, Weapons, Explosives, Fireworks, Etc., by prohibiting the use of fireworks on city property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 128 of 141 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING TITLE 7 PUBLIC WAYS AND PROPERTY, CHAPTER 8 LEISURE, CULTURAL AND ARTS SERVICES, SECTION 5 USE OF WEAPONS, FIREWORKS, SUBSECTION A, WEAPONS, EXPLOSIVES, FIREWORKS, ETC. BY PROHIBITING THE USE OF FIREWORKS ON CITY PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: 7-8-5:USE OF WEAPONS, FIREWORKS: A. Weapons, Explosives, Fireworks, Etc.: No person shall use or carry any firearms, air or pellet guns, explosives, weapons, firecrackers or fireworks of any character in any public park except as otherwise provided by this code. No person shall use any fireworks on city property. INTRODUCED: May 22, 2017 PASSED 1st CONSIDERATION: , 2017 PASSED 2nd CONSIDERATION: , 2017 PASSED 3rd CONSIDERATION: ,2017 PASSED AND ADOPTED this day of 2017. ATTEST: Kelley Felchle City Clerk Quentin Hart, Mayor Page 129 of 141 CITY OF WATERLOO Council Communication Enacting a new Title 5, Police Regulations, Chapter 4 Convenience Store Security. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 5/1/2017 - 5:47 PM Clerk Office Even, LeAnn Approved 5/3/2017 - 9:31 AM ATTACHMENTS: Description Type D Surveillance Cameras for Certain Businesses Cover Memo SUBJECT: Motion to receive, file, consider and pass for the second time an ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience Store Security. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Dan Trelka, Chief of Police Recommended Action: Approve as amended. Council approved adding the following language at the 5/15/2017 Regular Session Meeting: 5-4-2(1)(o) "Principal City Vertical Infrastructure" means all principal city facilities that the public frequently visits. Page 130 of 141 Chapter 4 Surveillance Cameras for Certain Businesses 5-4-1: Purpose 5-4-2: Definitions 5-4-3: Requirements of the Video Surveillance System 5-4-4: Minimum Technology Requirements 5-4-5: Camera Placement 5-4-6: Inspections 5-4-7: Enforcement; civil penalties 5-4-8: Exemptions 5-4-1: Purpose: This chapter is enacted to reduce criminal activities where employees of certain businesses are exposed to the actions of people with criminal intent. The businesses subjected to this ordinance have certain characteristics which may tend to increase the potential risk of criminal activity at the business. It is also intended to aid law enforcement during the investigation of crimes that may occur at certain businesses. 5-4-2: Definitions: The definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this Chapter. 1. "Business Establishments" or "Establishments" means those establishments listed and defined in this subsection as follows: a. "Bank or Credit Union" means an establishment whose primary function is related to the custody, loan, exchange, issuance of money, extension of credit, or transmission of funds. b. "Carry Out — Food and Drink" means an establishment (i.e.: fast food restaurants) whose principal business is the sale of food and beverages in disposable containers in a ready -to -consume state for consumption either within the building or for carry -out with consumption off the premises, whose cash register is visible to the public view. c. "Coin Dealer" means any business that buys and sells coins, gold or any other "precious metals," as that term is defined by Chapter 502A.1 of the lowa Code. Page 131 of 141 d. "Convenience Store" means any business which sells at retail both gasoline and more than 20 "consumer products," as that term is defined by15 USCS § 2052 (5) [Title 15. Commerce and Trade; Chapter 47. Consumer Product Safety] e. "Delayed Deposit Services Business" means a person who for a fee does either of the following: i. Accepts a check dated subsequent to the date it was written. ii. Accepts a check dated on the date it was written and holds the check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied. f. "Firearm Dealer" means an establishment required to obtain a Federal Firearms License to sell firearms. g. "Liquor or Alcohol Business" means any retailer required to obtain a permit issued by the State of Iowa, Alcoholic Beverages Division of the Department of Commerce, which authorizes the sale of beer, wine, or distilled spirits to be consumed off the premises where sold. h. "Media" means material conforming to the Minimum Technical Standards of this Chapter on which audio, video, and electronic data can all be recorded for the purpose of making a permanent record. i. "Mobile Communications Retailer" means a business that is engaged in the sale of cellular or mobile communication devices and services, but does not include kiosk stores located in a shopping mall or other business for which the sale of cellular devices or services is only incidental. "Money Transmission Service" means a business required to obtain a license issued by the State of Iowa, pursuant to the Iowa Code Chapter 533C, or any applicable successor statutes, to operate a money transmission service. k. "Pawn Broker" means a business required to obtain a license issued by the City of Waterloo, pursuant to Title 3, Chapter 4A of the Waterloo Municipal Code. I. "Pharmacy" means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws as defined by Chapter 155A.3 of the Iowa Code. Page 132 of 141 m. "Scrap metal dealer" means any person operating a business at a fixed or mobile location that is engaged in one of the following activities: i. Buying, selling, procuring, collecting, gathering, soliciting, or dealing in scrap metal. ii. Operating, managing, or maintaining a scrap metal yard. n. "Second Hand Goods Dealer" means any business required to obtain a license issued by the City of Waterloo, pursuant to Title 3, Chapter 4B of the Waterloo Municipal Code. 2. "Video Surveillance System" (or VSS) means a continuous digital surveillance system including cameras, cabling, monitors, and digital video recorders (DVR) which meet the minimum standards set forth in a Resolution passed by the City Council in accordance with this Chapter. 5-4-3: Requirements of the Video Surveillance Systems Every Business Establishment, as defined in this Chapter, is hereby required to install a Video Surveillance System in accordance with this Chapter. All Establishments which have installed a Video Surveillance System prior to the effective date of this ordinance shall ensure they are in full compliance with this chapter. 1. All Video Surveillance Systems shall: a. be maintained in proper working order at all times; and b. be kept in continuous operation 24 hours a day, 7 days a week; and c. shall be recorded at a sufficient rate of images per second so that, when played back in real time, there is no motion loss detectable to the human eye, and d. meet the minimum technological standards established by resolution of the City Council; and e. At least one employee of the business shall know how to operate the system, including the ability to download video to a digital media storage device, and be able to respond to the business on short notice if needed, if at all possible, and f. Upon being requested to download video at the request of the Police Department, the business shall also download the video player for their system. g. Businesses affected by this ordinance are not required to monitor or review any of the video footage that their system captures. 2. Any business establishment that is required to install surveillance systems under this ordinance, which has purchased a system within the last year, shall: a. Not be required to meet minimum technology standards, until three years after this ordinance is enacted. Page 133 of 141 b. Must have written documentation showing date of installation and/or purchase of current system. 5-4-4: Minimum Technology Standards Minimum Technological Standards required for Video Surveillance Systems shall be established by resolution of the City Council, which may be updated periodically. The Police Department shall review the Minimum Technical Standards every five year's to ensure they are consistent with current technology, and shall recommend appropriate updates to the Council. 5-4-5: Camera Placement The Video Surveillance System shall have no less than one camera dedicated to each of the following: 1. An interior camera that captures all persons entering or exiting the business through doors that are left unsecured at any time, 2. One exterior camera that captures the majority of the parking area meant for customers for the business. This camera can be mounted with one view, or a camera that can be programmed to follow a pattern showing a roaming area of the parking lot, 3. Cash registers and/or check stands may be covered by one camera, so long as they are within 15 feet of one another. 4. All cameras shall be installed in areas where products or advertisements will not block the view of people entering and/or exiting the business 5-4-6: Inspections The Video Surveillance System shall be subject to random inspections by the Chief of Police or his/her designee, who is authorized to inspect any such System at reasonable times to determine whether it conforms to this chapter and any regulations and standards adopted by City Council resolution pursuant hereto. If the Video Surveillance System does not so conform, the Establishment in question shall take immediate steps to bring the system back into compliance therewith. There is not a fee associated with any surveillance system inspection. 1. The Waterloo Police Department shall work with the businesses affected by this ordinance, when requested, to ensure that this ordinance is being followed correctly. Page 134 of 141 5-4-7: Enforcement; civil penalties: a. Establishments subject to the mandatory requirements of this chapter shall have eighteen (18) months from the effective date of this ordinance to comply with the regulations set forth in this Chapter. b. The Chief of Police or designee is authorized to investigate all alleged violations of this Chapter. Violation of any provision of this Chapter by any owner or principal operator of an Establishment shall result in a notice of violation from the Chief of Police or designee to said Establishment at the address provided by the Establishment at the time a Video Surveillance System is approved pursuant to this Chapter. c. The Chief of Police or designee shall take into account that mechanical failures or power failures, which the business may have no control over, shall be considered prior to any citations being issued to a business that may be out of compliance. d. Violators shall have thirty (30) days after receipt, via certified mail or personal service, of the notice of the violation to provide the Police Department proof that the violation has been corrected. If the violation continues after the thirty (30) day period, the Chief of Police or designee shall issue a citation against the violator and, subject in any event to the appeal process afforded under this chapter, the violator shall be guilty of a municipal infraction and upon conviction thereof shall be punished in accordance with subsection 1-3-2C of this code, in addition to any other appropriate alternative relief ordering the defendant to abate or correct the violation, which shall include, but not limited to, injunctive relief. f. For purposes of this chapter, each day that a violation continues shall be a separate violation. 5-5-8: Exemptions: A business which is otherwise required to install a video surveillance system may apply, on an annual basis, to the Chief of Police or his/her designee for exemption from the provisions of this chapter. The Chief of Police or his/her designee may exempt a business for a period of twelve months if he/she finds that the business has or will undertake alternative security procedures which are substantially equal to or more effective in preventing criminal activity and in assisting in the apprehension of the perpetrators of crime or for the protection of employees. In addition, the Chief of Police or his/her designee may authorize alternate procedures on an experimental basis. Such an exemption shall carry a maximum duration of twelve months, and a business must either reapply for an exemption at the end of the exemption period or obtain the City's approval of a Video Surveillance System no later than 30 days prior to the end of the exemption period. The Chief of Police or his/her designee may also authorize temporary extensions of time for installation when an Establishment demonstrates to the satisfaction of the City that it is temporarily unable to comply for good cause shown. Page 135 of 141 a. Any business/organization with a liquor license that is in effect for less than 30 days in a calendar year is exempt from this ordinance. b. Any outdoor event that is approved by the City Council is exempt from this ordinance. SECTION 2. Separability of Provisions. It is the intention of the Council that each section, paragraph, sentence, clause, and provision of the Ordinance is separable, and, if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance nor any part thereof other than that affected by such decision. SECTION 3. All ordinances or parts of ordinances in conflict with any provision of this Ordinance are hereby repealed. Page 136 of 141 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 for a net increase of $109,888.00 for the FY 2016 Street Reconstruction Program, Contract No. 898; and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 5/22/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/17/2017 - 10:59 AM Clerk Office Even, LeAnn Approved 5/17/2017 - 3:24 PM ATTACHMENTS: Description Type ❑ Cont 898 CO #2 Cover Memo Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: Submitted By: Dennis Gentz, PE, Assistant City Engineer Approve change order. Local Option Sales Tax Funds Starlite Blvd. contains an outlet for storm sewer from University Avenue. Preliminary design of University Avenue storm sewer system indicates the need to increase the size of the storm sewer in this block to 30". This extra work order is to increase the size of the storm sewer with the street reconstruction, so this block of Starlite Blvd. will not be impacted with the University Ave. project. Page 137 of 141 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 2 PROJECT: F.Y. 2016 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 898 Date Prepared: November 15, 2016 TO: ASPRO, INC. AMOUNT: $ 109,888.00 INCREASE , 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 April 4, 2016 A. Description of change to be made or extra work to be done: 2001-2008 Add construction of 30" storm sewer to the 700 block of Starlite Blvd. which is being reconstructed under this contract. B. Reason for ordering change or extra work: 2001-2008 Starlite Blvd. contains an outlet for storm sewer from University Avenue. Preliminary design of University Avenue storm sewer system indicates the need to increase the size of the storm sewer in this block to 30". This extra work order is to increase the size of the storm sewer with the street reconstruction, so this block of Starlite Blvd. will not be impacted with the University Ave. project. C. Settlement for cost of work to be made as follows: Item Description Unit Unit $ Est. Q Total 2001 STORM SEWER, 2000D, 30" LF $136.40 525.00 $71,610.00 2002 SW -401, 60" DIA. EACH $6,710.00 2.00 $13,420.00 2003 TYPE E -2-C INLET, USE EXISTING CASTING EACH $3,300.00 3.00 $9,900.00 2004 FILL EXISTING AND PLUG 12 STORM SEWER EACH $324.50 2.00 $649.00 2005 COLLAR PIPE, SW -211 EACH $1,320.00 2.00 $2,640.00 2006 CORE DRILL MANHOLE FOR 30" DIA. PIPE EACH $3,420.00 2.00 $6,840.00 2007 ADDITIONAL STARLITE BLVD. SURVEY LS $1,309.00 1.00 $1,309.00 2008 ADDITIONAL STARLITE BLVD. TRAFFIC CONTROL LS $3,520.00 1.00 $3,520.00 TOTAL $109,888.00 CITY OF WATERLOO BY: TOTAL INCREASE = Mayor ATTEST: ASPRO, INC. $109,888.00 Date CONTRACTOR City Clerk Date Change Order No. 2 BY: Date PRINTED NAME: Milt Dakovich TITLE: President APPROVED: City Engineer Contract No. 898 Date Page of 1411 CITY OF WATERLOO Council Communication Community Development Board Minutes April 18, 2017. City Council Meeting: 5/22/2017 Prepared: 5/16/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 5/17/2017 - 9:39 AM Clerk Office Even, LeAnn Approved 5/17/2017 - 9:53 AM ATTACHMENTS: Description Type D Community Development Board Minutes April 2017 Cover Memo SUBJECT: Community Development Board Minutes April 18, 2017. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: approval Page 139 of 141 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING APRIL 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, April 18, 2017. Members present: Maxine Tisdale, Robert Tyson, Jason Verbraken and Lisa Mufioz Members absent: Doreen Mingo, Brooke Trent, Philip Nash Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary; Tom Powers, City Council; Patricia Thoma; Deere Employee Credit Union A. APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the amended agenda. It was moved by Tisdale, and seconded by Verbraken to approve the Amended Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON MARCH 21, 2017. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, March 21, 2017. There were none. It was moved by Tisdale, and seconded by Verbraken to approve the minutes of the regular meeting on March 21, 2017 as presented. Motion carried. C. OLD BUSINESS 1. Neighborhood Stabilization Program (NSP) 1003 Lafayette— Round 3 Update (March 31, 2017). The project is now complete and Iowa Department of Economic Authority will be transferring the amount of sale $130,000 to CDBG as program income. 2. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). • The top 3 floors are almost completely finished other than some blinds, shelving, and specialties. Those will be finished up this month. • The pavers and parking lot were just completed today • All decks are hung • All cabinets are hung and placed on first floor • Almost all countertops and sinks set on first floor Finishing in the next month or so (hopefully the entire project) • Hallway LVT for all 4 floors • Carpet stairs • First floor appliances installed • First floor blinds, shelving, and specialties installed • Elevator finish install • Drywall garage • Dig out bioswales • Final grading of black dirt • Final MEP trim outs on first floor 3. Update on Rehabilitation and Purchase — 718 Kern Street. Closing date will be April 28, 2017 Page 140 of 141 Minutes April 18, 2017 Page 2 D. NEW BUSINESS 1. Subordination for Jessica Clapp It was moved to approve or reject the subordination request for Ms. Clapp, all ayes to approve, no nayes. Motion carried. 2. Endorse Rehabilitation Contracts for March 2017. It was moved by Tisdale and seconded by Verbraken to endorse the rehabilitation contracts for March 2017. Motion carried. 3. Neighborhood Services Report Felicia has brokered some partnerships with upcoming events in the community such as with the KBBG parade and music festival that is happening this fall. 4. National Community Development Week April 17 -April 22, 2017 A proclamation had been read at the city council meeting proclaiming the week of April 17-22 NCD week. An open house was held today (April 18) at the community development office. Letters were sent to our representatives inviting them to take part in CD week. 5. Washington D.C. Coalition Trip An annual trip to Washington D.C. is taking place in June this year. Representatives from Waterloo and Cedar Falls will be taking part in this trip. 6. Staff Training Two staff members will be attending training on environmental reviews in Denver, Colorado at the end of April. Jones will be attending HOME training near Boston in May. 7. Update on Vacancies Human resources have advertised for the vacancies and we should have names in front of the council in 4-6 weeks. E. DISCUSSION ITEMS 1. City Council Public Hearing Update and final decision for FY2018 CDBG and HOME Funds ADJOURN MEETING. Jones thanked the sub -committee for their input. With no further business it was moved by Tisdale, and seconded by Verbraken to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, A Maxi' ne Tisdale Board Secretary Page 141 of 141