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HomeMy WebLinkAboutCouncil Packet - 11/13/2017Amended Council Agenda Items Council Meeting Monday, November 13, 2017 K NDi Public Hearing Item 92. Item amended to correct contractor name and dollar amount by adding "Woodruff Construction, LLC of Waterloo, Iowa" and "$65,52211. 2. Resolution awarding bid to Woodruff Construction, LLC of Waterloo, Iowa, for the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9 -I -180 -ALO - 200, and IDOT Contract No. 19559, in the amount of $65,522 and authorize the Mayor and City Clerk to execute said document. Add Item 13 Resolution affirming support of the Federal Historic Tax Credit Program. Added for council consideration ahead of voting at the federal level. THE C I TY C O U N C I L O F THE C I TY O F WATE R LO O, I O WA, R E G U LA R S E SS I O N TO B E HE LD AT TH E HA R O LD E. G E TTY C O U N C I L C H A M B E R S M onday, November 13, 2017 5:30 PM CITY OF WATERLOO GOALS 1. S upport the creatio n o f new, livab le wage jo b s through a b alanc ed econo mic d evelopment ap p ro ach of as s is ting existing b us ines s es , fo s tering s tart-ups, attrac ting new emp lo yers and c ultivating an ad eq uate workfo rce. 2. Implement a C ommunity P o lic ing s trategy that creates a s afe enviro nment in Waterlo o . 3. R ed uc e the C ity's property tax levies thro ugh a respons ib le b alanc e of cost reductio n in C ity operatio ns and inc reas es in taxab le property valuations to ens ure that Waterloo is a c ompetitive, affo rd ab le, and livab le c ity. 4. Enhanc e the image o f Waterloo and the C ity to residents and bus ines s es inside and o uts id e of the c o mmunity. G eneral Rul es for P ubl i c P arti ci pati on 1. At the c hair/p res id er's disc retio n, yo u may ad d res s an item on the c urrent agend a by s tepping to the podium, and after rec o gnition by the chair/pres id er, s tate your name, ad d res s and gro up affiliation (if appropriate) and speak c learly into the mic ro p hone. 2. Yo u may s p eak o ne (1) time per item fo r a maximum of five (5) minutes as lo ng as you have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the C o uncil Meeting. If not regis tered with the C ity C lerk's offic e you may speak one (1) time p er item for a maximum o f three (3) minutes . 3. If there is a hearing sc heduled as part of an agend a item, the c hair/pres ider will allo w everyo ne who wis hes to ad d res s the c o uncil, us ing the s ame p artic ip ation guidelines found in thes e "general rules". 4. Altho ugh not required by c ity c ode o f ordinanc es , o ral presentations may be allo wed at the c hair/p res id er's (us ually the Mayor o r Mayor P ro Tem) dis c retio n. T he "o ral p res entations " sec tion of the agend a is your opportunity to ad d res s items no t o n the agend a. You may speak one (1) time fo r a maximum of five (5) minutes as lo ng as you have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the C o uncil Meeting. If not regis tered with the C ity C lerk's offic e a s peaker may speak to one (1) is s ue p er meeting for a maximum of three (3) minutes . O ffic ial actio n cannot be taken b y the C ounc il at that time, b ut may b e plac ed on a future agenda o r referred to the ap p ro p riate d ep artment. 5. Keep c o mments germane and refrain from p ers o nal, impertinent or s landerous remarks . 6. Q ues tions c o nc erning thes e rules o r any agend a item may be direc ted to the C lerk's O ffice at 291-4323. 7. C itizens are enc o uraged to regis ter with the C lerk's O ffic e by 4:00 p .m. on Mo nday of the d ay o f the C ity C ounc il meeting to ap p ear before the C ity C ounc il (may also register by p hone). R egistered speakers will b e given first priority. Page 1 of 131 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Jim Sullivan, Kelly Sullivan, Murray Davidson and Tom Davidson Agenda, as proposed or amended. Minute s of Nov embe r 6, 2017, Re gular Session, as propose d. Proclamation de claring Nov embe r 13-19, 2017 as Re gistere d Apprentice ship Appre ciation and Aware ne ss We e k Proclamation de claring Nov embe r 13, 2017, as the 75th Anniv e rsary of the Loss of the Fiv e Sulliv an Brothe rs at the Battle of Guadal Canal ORAL P RES ENTAT I ONS I owa C ode 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. T he City of Waterloo encourages the public to participate during the Oral P resentations by f ollowing the rules listed on the f ront of the agenda. 1.Conse nt Agenda: (The fol lowing items will be acted upon by voice vote on a si ngle motion without separate discussion, unless someone from the counci l or publ ic requests that a speci fi c i tem be considered separately.) A.Resolution to approve the following: 1.Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2.Resolution approving the request of Joe and Jill Leibold for tax exemptions on the construction of a single family home valued at $223,500 for property located at 1217 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3.Resolution approving the request of Dana McDougall for tax exemptions on the construction of a single family home valued at $307,210 for property located at 1207 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 4.Resolution approving the request of Cammie Scully for tax exemptions on the construction of home improvements valued at $120,000 for a property located at 605 Riverside Drive and located within the Consolidated Urban Revitalization Page 2 of 131 Area (CU R A). Submitted By: Noel Anderson, Community Planning & Development Director 5.Resolution approving the request of Steven Stoakes for tax exemptions on the construction of home improvements valued at $57,568.71 for a property located at 319 Independence Ave. and located within the Consolidated Urban Revitalization Area (CU R A). Submitted By: Noel Anderson, Community Planning & Development Director 6.Resolution setting a date of public hearing as November 27, 2017 to approve the sale and conveyance of city owned property located adjacent to 1947 Rainbow Drive, in the amount of $1.00 per lot, to Shay Trask including a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Director Community Planning and Development 7.Resolution approving cancellation of special assessment in the amount of $48.70 for delinquent garbage, storm and sewer fees for property located at 1641 Cherry Hills Drive, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 8.Resolution canceling council meeting scheduled for December 26, 2017 due to the holidays. Submitted By: Kelley Felchle, City Clerk B.Motion to approve the following: 1.T RAV EL R EQ U ES T S a.P.O. Girsch Class/Meeting: Rifle Instructor Recertification School Destination: Johnston, IA Dates: November 15, 2017 Amount not to exceed: $175 2.L I QUOR L I C ENS ES a.Cherry Cree k Grill, 1850 W. Ridgeway Ave nue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/31/2018 b.D'Vine Medical Spa, 2515 Cy clone Driv e Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 11/30/2018 c.King Star, 127 Jeffe rson Stre et Class: E Liquor Renewal Application Includes Sunday Expiration Date: 11/6/2018 d.Mama Nick's Circle Pizze ria, 1934 Washington Stree t Class: C Liquor Page 3 of 131 Renewal Application Includes Sunday Expiration Date: 9/9/2018 e.Placita, 322 W. 4th Stre et Class: B Beer Renewal Application Includes Sunday Expiration Date: 11/30/2018 f.The Saloon, 303 W. 4th Stree t Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date: 11/14/2018 g.Thre e Amigo's Family Restaurant, 2820 Falls Av enue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/24/2018 PUBLI C HEARI N GS 2.Hangar No. 4 Re habilitation Project, at the Waterloo Re gional Airport, v ia I DOT Proje ct No. 9-I -180-A L O-200, and I DOT Contract No. 19559. Motion to receive and file proof of publication of notice of public hearing. H OL D HEARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Woodruff Construction, LL C of Waterloo, Iowa, for the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via ID OT Project No. 9-I-180-ALO-200, and IDOT Contract No. 19559, in the amount of $65,522 and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director R ES OLUTI ONS 3.Motion approving Change Order No. 5, final quantity summary, for a net decrease of $62,838.39, for the FY 2017 Bridge Deck Repair and Overlay Program, Contract No. 879, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, P E, Assistant City Engineer 4.Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LL C, of Grundy Center, Iowa, at a total cost of $1,382,794.18 in conjunction with the FY 2017 Bridge Deck and Overlay Program, Contract No. 879, and receive and file two (2) year maintenance bond. Submitted By: Eric T horson, PE, City Engineer 5.Resolution approving Professional Services Agreement with Nutri-Ject Systems, Inc. of Hudson, Iowa in an amount not to exceed $36,140, for bio-solids removal services, and authorize the Mayor to execute said document. Page 4 of 131 Submitted By: Steven Hoambrecker, Director, Waste Management Services 6.Resolution approving Professional Services Supplemental Agreement No. 3, with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $9,230, in conjunction with the F Y 2016 Shaulis Road Trail Extension - Phase I, Contract No. 858, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 7.Resolution approving Professional Services Supplemental Agreement No. 1, with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $6,715, in conjunction with the F Y 2018 Ansborough Avenue Improvements, Contract No. 942, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 8.Resolution approving an Amendment to the Development Agreement with BCS Properties, LL C and the City of Waterloo, to add additional land into the Development Agreement area, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 9.Resolution approving a Professional Services Agreement with HR Green, Inc. of Cedar Rapids, Iowa, in the amount of $364,200, in conjunction with implementation of the United States Environmental Protection Agency Community-wide Brownfields Hazardous Substances Assessment Grant, and authorize the Mayor t o execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director ORDI NANCES 10.An Ordinance amending Ordinance No. 5079, as amended, City of Wate rloo Zoning Ordinance, by ame nding Section 10-3-1 Definition of Impound Yard and Re cycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Spe cial Permit Re gulations for Re cycling, Junk and Salvage Yards and othe r misce llane ous updates. Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards and other miscellaneous updates. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Aric Schroeder, City Planner 11.An Ordinance amending the City of Wate rloo Code of Ordinances by adding a ne w Title 5 Chapte r 2 Section 13 Fire works. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Chapter 2, Section 13- Fireworks. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Page 5 of 131 Submitted By: Kelley Felchle, City Clerk OTHE R COUNCI L BUS I N ES S 12.Motion approv ing Change Order No. 3, for a ne t increase of $57,446.80, and Change Orde r No. 4, for a net increase of $34,291.32, for the FY 2017 Stree t Re construction Program, Contract No. 921, and authorize the May or and City Cle rk to e xe cute said docume nts. Submitted By: Dennis Gentz, P E, Assistant City Engineer EX ECUTI V E SESS I ON Motion to adjourn to E xecutive S ession 13.Executive Session on acquisition of property pursuant to Iowa Code Section 21.5(1)(j) (2017). Motion to adjourn Executive Session A D JOU R NMENT M otion to adjourn. Kelley Felchle City Clerk MEE T I N GS 3:50 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Waterloo Housing Authority, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLI C I NF ORM AT I ON 1.Airport Board Meeting Minutes, September 26, 2017. Page 6 of 131 C ITY OF WATER LOO Council Communication Minutes of Novemb er 6, 2017, R egular S ess io n, as p ro p o s ed . City Council Meeting: 11/13/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/7/2017 - 9:07 AM ATTA C H M EN TS : Description Type M inutes of 11/6/17 B ackup M aterial S ub mitted by:S ubmitted By: Page 7 of 131 November 6, 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, November 6, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Pastor Jason Falck from Walnut Ridge Baptist Church Pledge of Allegiance: Sandie Greco, Interim Public Works Director 146175 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 6, 2017, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146176 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 23, 2017, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Recognition of Waterloo Fire Rescue Business Commendation to Warren Transport, Inc, and Civilian Commendation to Lance Votroubek, Glynna Borwig, and Jeff Wilson. Recognition of coaches and players of the year in Optimist Club Flag Football. ORAL PRESENTATIONS Robert Frost, 4740 Clover Lane, commented on the slow response to get emergency sirens fixed in the community. He further commented on the double yellow line on Ansborough and Hoff Road and that it will become increasingly dangerous as more bikes start to use the intersection. Don Share, 1415 Downing Avenue, invited everyone in the committee to vote tomorrow. David Dreyer, 3145 W. 4th Street, questioned the status of Lafayette School property, Rath Packing Development Agreement, and if the Courier building is for sale. Jon Sherbon, 1715 Robin Road, thanked the Fire Department for their caring and professional work. He further commented that it would be good to know the number of people who are for or against an issue when council receive comments. Mr. Morrissey mentioned that November 17th is adoption day at Black Hawk County Courthouse and that it is important to support families in the community. Council Reports Mr. Morrissey provided an overview of issues discussed at his monthly ward meeting. Bicyclists have reached out to him to ask that developers create a plan for detours for pedestrians and bicyclists for downtown construction projects. Mr. Powers commented on several community events he recently attended and shared a few of the positive things that are going on in Waterloo. Mayor Hart commented that a strategic plan update meeting will take place at the end of the month along with outreach that the Mayor and council need to be working on. The city is currently in audit mode and once the audit is done budget discussions will begin. He further explained that he met with Governor Reynolds and the Lt. Governor and the Executive Board of the Iowa League of Cities on the commercial roll back and that a consent decree update will take place next week. 146177 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA Page 8 of 131 November 6, 2017 Page 2 146178 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated November 6, 2017, in the amount of $1,959,371.92 a copy of which is on file in the City Clerk’s office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017- 900. 2. Resolution setting a date of public hearing as November 20, 2017 to approve the request by Standard Distribution Company, Inc. for a site plan amendment to the “M-2, P” Planned Industrial District to allow for the construction of a 50,000 square foot industrial building with a 26 acre laydown yard, located just north of 3040 Leversee Road, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 901. 3. Resolution approving setting a date of public hearing as November 20, 2017 to approve the sale and conveyance of city owned property located north of 3040 Leversee Road, in the amount of $1.00, to SDC Real Estate, L.L.C., including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 902. 4. Resolution setting a date of public hearing as November 20, 2017 to approve the sale and conveyance of city owned property located near Chalmers Drive and at the Northeast corner of Ansborough and Upton Avenue, in the amount of $15,001, to Village Creek Rentals, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 903. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as December 14, 2017 and date of public hearing as December 18, 2017 for the construction of a vehicle/evidence storage facility, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 904. 6. Request from Jack Wilson for a waiver for a concrete driveway located at 827 and 829 E. Ridgeway Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2017- 905. 7. Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete driveway located at 721 Eureka Street 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- 906. 8. Request from Hawkeye Community College for a waiver for a concrete driveway located at 6315 Hammond 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- 907. 9. Request from Linda Gaul for a waiver to use colored concrete on the concrete approach located at 4238 Suburban Drive. Resolution adopted and upon approval by Mayor assigned No. 2017- 908. Page 9 of 131 November 6, 2017 Page 3 10. Resolution approving preliminary plans, specifications, bid documents, etc., setting a date of bid opening as November 16, 2017, and setting a date of public hearing as November 20, 2017, for the Flow Equalization Facility Overflow Connect to Satellite WPCF, City Contract No. 880, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 909. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed a. P.O. Suljic Street Survival Seminar Waterloo, IA July 25-26, 2017 $229 b. Chris Western, Planner II, Brownfields Coordinator Brownfields 2017 Conference Pittsburgh, PA Dec. 4-7, 2017 $1,725 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday a. HyVee #1 Clubroom,2834 Ansborough Avenue Special C Liquor Renewal 10/16/2018 x b. HyVee Wine and Spirits #1, 2126 Kimball Avenue B Wine / C Beer / E Liquor Renewal 11/14/2018 x c. Kings and Queens, 304 W. 4th Street C Liquor w/Outdoor Service Renewal 11/15/2018 x d. Kings and Queens, 304 W. 4th Street *Ownership Update* C Liquor w/Outdoor Service New 11/16/2018 x e. Neighborhood Mart, 2102 Lafayette Street B Wine / C Beer / E Liquor New 11/14/2018 x f. WCA Building & Amphitheatre, 225 Commercial Street Special C Liquor Renewal 6/21/2018 x g. Z's Restaurant & Lounge, 3937 W. Airline Highway C Liquor Renewal 10/31/2018 3. Mayor Hart’s recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re- Appointment Ryan Vestal Board of Electrical Examiners and Appeals 11/1/2020 Re-appointment Richard Mott Board of Electrical Examiners and Appeals 11/10/2020 Re-appointment Matthew Chapman Board of Electrical Examiners and Appeals 11/10/2020 Re-appointment Mike Fereday Heating, Ventilation & Air Conditioning Mechanical Board for Licensing & Appeals 11/10/2020 Re-appointment Julie Gardner Heating, Ventilation & Air Conditioning Mechanical Board for Licensing & Appeals 11/10/2020 Re-appointment Travis Young Heating, Ventilation & Air Conditioning Mechanical Board for 11/10/2020 Re-appointment Page 10 of 131 November 6, 2017 Page 4 Licensing & Appeals Mike Mrzlak Memorial Hall Commission 12/31/2020 Re-appointment Craig White Memorial Hall Commission 12/31/2020 Re-appointment Denise Dermody ADA Compliance Commission 11/6/2020 New 4. Motion to receive and place on file the 2016 Audit of the Waterloo Water Works. 5. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146179 - Schmitt/Welper that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, as published in the Waterloo Courier on October 27, 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. John Sherbon, 1715 Robin Road, commented that most of the regulations are federal and that he does not see why the city has waited around so long to get the ordinance approved. 146180 - Schmitt/Welper that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146181 - Schmitt/Welper that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards”, be received, placed on file, considered and passed for the first time. Roll-call vote-Ayes: Seven. Motion carried. Aric Schroeder, City Planner, provided an overview of the proposed changes in the ordinance, which include incorporating provisions of the Iowa ICARE Program. Mr. Schmitt questioned if the city has had recycling yards in violation of state or federal regulations. Aric Schroeder explained that he is not aware of violations and that salvage yards are inspected at least once a year. Mr. Morrissey commented that he has heard that locations on Black Hawk Road and Broadway are not in compliance. He further questioned the grandfathering clause in the ordinance and if locations under five acres with violations would be receive benefit of the grandfathering. Aric Schroeder explained that none of the licensed yards are in violation but unlicensed yards have received tickets. He explained that only one recycling yard that is less than five acres will be grandfathered in and will have to go through an inspection. The location on Broadway would not fit under the grandfather clause. Mr. Morrissey commented that residents he has heard from are not in favor of a recycling yard on Broadway. Page 11 of 131 November 6, 2017 Page 5 Aric Schroeder explained that the Broadway site is currently unable to apply due to the moratorium that is set to lapse in early December. Mr. Morrissey questioned if the ordinance would have an impact on the existing citations. Aric Schroeder explained that he does not believe that the ordinance would impact current tickets. Mr. Schmitt questioned the timeliness of this item. Aric Schroeder explained there is nothing urgent that would require the rules be suspended. 146182 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Two. Nays: Five (Jacobs, Morrissey, Lind, Amos, and Schmitt). Motion failed. Mayor Hart explained that Item 3, Public Hearing for the Flow Equalization Facility Overflow Connect to Satellite WPFC, has been cancelled and will be rescheduled to a later date. 146183 - Amos/Schmitt that proof of publication of notice of public hearing on the sale and conveyance of city owned property to Rebel Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally located at 408 and 414 Fowler Street, with Development Agreement, as published in the Waterloo Courier on October 27, 2017, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146184 - Amos/Schmitt that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146185 - Amos/Schmitt that “Resolution authorizing sale and conveyance of city owned property located at 408 and 414 Fowler Street, to Rebel Saffold Jr. and Rhonda S. Saffold in the amount of $1.00 per property, and authorizing the Mayor and City Clerk to execute said agreement”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 910. 146186 - Amos/Schmitt that “Resolution approving a Development Agreement with Rebel Saffold Jr. and Rhonda S. Saffold for the property located 408 and 414 Fowler Street, and authorizing the Mayor and City Clerk to execute said agreement”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 911. 146187 - Welper/Amos that proof of publication of notice of public hearing on the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $25,000, and approving a Purchase and Sale Contract, as published in the Waterloo Courier on October 27, 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. Page 12 of 131 November 6, 2017 Page 6 David Dreyer, 3145 W. 4th Street, questioned what determines selling property for $25,000 vs. $1.00. Noel Anderson, Community Planning and Development Director, explained that the applicants where aware of the city policy where they could apply for the purchase in the amount of one dollar, but chose to offer the $25,000. 146188 - Welper/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146189 - Welper/Amos that “Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $25,000, and authorizing the Mayor and City Clerk to execute said documents”, be adopted. Roll- call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson provided an overview of the proposed sale and development of the property. Mr. Schmitt requested information about The Overland Group. Matt Miehe, 1836 Westchester Road, explained that though he could not provide information on the intended use, he could confirm they were going to build. Mr. Schmitt asked if the partners of the group could be identified. Matt Miehe explained that they are an out of state entity. Resolution adopted and upon approval by Mayor assigned No. 2017- 912. 146190 - Welper/Morrissey that “Resolution approving Purchase and Sale Contract between The Overland Group, LLC and the City of Waterloo, Iowa, for the purchase of city-owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorizing the 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- 913. 146191 - Morrissey/Welper that proof of publication of notice of public hearing on the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, as published in the Waterloo Courier on October 23, 2017, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146192 - Morrissey/Welper that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146193 - Morrissey/Welper 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- 914. Page 13 of 131 November 6, 2017 Page 7 146194 - Morrissey/Welper that “Resolution authorizing to proceed”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 915. 146195 - Morrissey/Welper Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $337,713. 00 Bidder Bid Security Bid Amount Vieth Construction Cedar Falls, IA 5% $134,353.00 Hatch Grading & Contracting Dysart, IA 5% $339,703.50 J Pettiecord Bondurant, IA 5% $263,241.50 Twin City Tree Service, LLC Waterloo, IA Check 5% #101566640 $242,312.90 Peterson Contractors, Inc. Reinbeck, IA 5% $453,538.10 Lodge Construction, Inc. Clarksville, IA 5% $291,380.70 Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 146196 - Schmitt/Powers that “Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc. for design services associated with the completion of the Categorical Exclusion Amendment for the FY-2018 FAA funded project at Waterloo Regional Airport in the amount of $31,700, and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 916. 146197 - Schmitt/Powers that “Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel-motel mini grant application for the Senior Scratch Bowling Association/Cadillac XBC in the amount of $2,231”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 917. 146198 - Schmitt/Powers that “Resolution approving the contract with Tyson Fresh Meats, Inc. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program-Tax Credit Component Incentives, and authorize the Mayor and City Clerk to execute said document”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned how much of the incentive is paid for by citizens of Waterloo. Noel Anderson explained that Tyson is not located in a TIF District and explained that the city is a local sponsor for the contractor and that a tax abatement would be provided as determined by Black Hawk County. Page 14 of 131 November 6, 2017 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2017- 918. 146199 - Amos/Morrissey that “Resolution approving FY 2018-2023 Airport Capital Improvement Plan for the Waterloo Regional Airport”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 919. 146200 - Amos/Morrissey that “Resolution awarding the recycling processing facility to support the City of Waterloo's Curbside Recycling Program bid to Cedar Valley Recycling & Transfer of Waterloo, Iowa in the amount of $32,000, for a period of one (1) year and approving contract, bond and certificate of insurance and authorize the 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- 920. 146201- Amos/Morrissey that “Resolution approving Final Quantity Summary for a net increase of $8,007.85 for the FY 2017 Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and authorize the Mayor and City Clerk to execute said document”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 921. 146202 - Morrissey/Powers that “Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc. of Clarksville, Iowa, at a total cost of $74,163.13 for the FY 2017 Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and receive and file two (2) year maintenance bond”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 922. 146203 - Morrissey/Powers that “Resolution approving a Professional Services Agreement with Great Plains Survey, Inc. for land surveying services within the Northeast Industrial area, in an amount not to exceed $34,101, and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 923. 146204 - Morrissey/Amos that “Resolution approving the Agreement for Subdivision Platting with Roger T. Kalsem, Jeffrey L. Swartzendruber and Patricia Swartzendruber, and authorize the Mayor and City Clerk to execute said documents”, be adopted. Roll-call vote-Ayes: Six. Abstain: One (Schmitt due to family relation). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 924. 146205 - Morrissey/Amos that “Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to approval of a Plat of Survey of Parcel E located adjacent to the proposed extension of Bay Berry Drive”, be adopted. Roll-call vote- Ayes: Six. Abstain: One (Schmitt due to family relation). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 925. Page 15 of 131 November 6, 2017 Page 9 146206 - Morrissey/Amos that “Resolution approving the request by Jeffrey L. Swartzendruber and Patricia Swartzendruber to approve a Plat of Survey of Parcel E located adjacent to the proposed extension of Bay Berry Drive”, be adopted. Roll-call vote-Ayes: Six. Abstain: One (Schmitt due to family relation. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 926. ORDINANCES 146207 - Schmitt/Amos that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located west of 2010 W. Ridgeway Avenue”, be considered and passed for the third time and adopted. Roll-call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5424. ADJOURNMENT 146208 - Welper/Morrissey that the Council adjourn at 6:32 p.m. Voice vote-Ayes: Seven. Motion carried. _____________________________ Kelley Felchle City Clerk Page 16 of 131 C ITY OF WATER LOO Council Communication P ro clamatio n dec laring Novemb er 13-19, 2017 as R egistered Ap p renticeship Apprec iation and Awarenes s Week City Council Meeting: 11/13/2017 Prepared: 10/26/2017 R EV I EWER S : D epartment R eviewer Action D ate M ayor Office Westphal, Michelle Approved 10/26/2017 - 5:51 P M C lerk O ffice H igby, Nancy Approved 11/3/2017 - 2:50 P M ATTA C H M EN TS : Description Type P roclamation Apprenticeship B ackup M aterial S ub mitted by:S ubmitted By: Mayo r Q uentin Hart Page 17 of 131 Page 18 of 131 C ITY OF WATER LOO Council Communication P ro clamatio n dec laring Novemb er 13, 2017, as the 75th Anniversary of the Lo s s of the F ive S ullivan Brothers at the Battle o f G uadal C anal City Council Meeting: 11/13/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate M ayor Office H igby, Nancy Approved 11/8/2017 - 4:46 P M ATTA C H M EN TS : Description Type P roclamation - F ive S ullivan Brothers B ackup M aterial S ub mitted by:S ubmitted By: Mayo r Q uentin Hart Page 19 of 131 P a g e 2 0 o f 1 3 1 C ITY OF WATER LOO Council Communication R es o lutio n approving the req uest of Jo e and Jill Leibold fo r tax exemptio ns on the cons tructio n o f a s ingle family home valued at $223,500 for p ro p erty lo c ated at 1217 P artridge Lane, and loc ated in the C ity Limits Urb an R evitalizatio n Area (C L UR A). City Council Meeting: 11/13/2017 Prepared: 11/6/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:32 AM ATTA C H M EN TS : Description Type C L U R A 1217 P artridge L ane B ackup M aterial S UB J E C T: R es o lution approving the req uest of Jo e and Jill Leibold fo r tax exemptions o n the c ons truc tio n o f a s ingle family home valued at $223,500 fo r prop erty lo cated at 1217 P artrid ge Lane, and loc ated in the C ity Limits Urban R evitalizatio n Area (C L UR A). S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n: R es o lution approving the C L UR A ap p lic ation from Jo e and Jill Leib old fo r the c o nstruc tio n o f a s ingle family ho me lo c ated at 1217 P artridge Lane, Waterlo o , Iowa 50701, valued at $223,500, and authorize Mayo r and C ity C lerk to exec ute said d o cuments . S ummary S tatement: T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes o n the ac tual value added to the residential property und er the C ity Limits Urb an R evitalizatio n Area P lan. Exp enditure R equired :N/A S ource o f F und s :N/A P olic y Issue:S trategy 3.9: Inc reas e the promotio n and utilizatio n o f the C ity Limits Urb an R evitalizatio n Area hous ing program. Alternative:N/A Background I nformatio n:N/A Legal Desc riptio ns :Audub o n Heights 5th Ad d ition Lot 29 Page 21 of 131 P a g e 2 2 o f 1 3 1 Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. 0 200 400100Feet ® 1217 Partridge Lane P ar t r i dg e L a n e F a l c o n R i d g e W Shaulis Road Page 23 of 131 C ITY OF WATER LOO Council Communication R es o lutio n approving the req uest of Dana Mc Dougall fo r tax exemptio ns on the cons tructio n o f a s ingle family home valued at $307,210 for p ro p erty loc ated at 1207 P artridge Lane, and loc ated in the C ity Limits Urban R evitalization Area (C LU R A). City Council Meeting: 11/13/2017 Prepared: 11/6/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:32 AM C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:32 AM ATTA C H M EN TS : Description Type C L U R A 1207 P artridge L ane B ackup M aterial S UB J E C T: R es o lution approving the req uest of Dana Mc Dougall fo r tax exemptions on the c o nstruc tio n o f a s ingle family ho me valued at $307,210 fo r property lo cated at 1207 P artrid ge Lane, and loc ated in the C ity Limits Urban R evitalizatio n Area (C L UR A). S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n: R es o lution approving the C L UR A ap p lic ation from Dana Mc Do ugall fo r the c o nstruc tio n o f a s ingle family ho me lo c ated at 1207 P artridge Lane, Waterlo o , Iowa 50701, valued at $307,210, and authorize Mayo r and C ity C lerk to exec ute said d o cuments . S ummary S tatement: T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes o n the ac tual value added to the residential property und er the C ity Limits Urb an R evitalizatio n Area P lan. Exp enditure R equired :N/A S ource o f F und s :N/A P olic y Issue:S trategy 3.9: Inc reas e the promotio n and utilizatio n o f the C ity Limits Urb an R evitalizatio n Area hous ing program. Alternative:N/A Background I nformatio n:N/A Legal Desc riptio ns :Audub o n Heights 5th Ad d ition Lot 30 Page 24 of 131 P a g e 2 5 o f 1 3 1 Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. 0 300 600150Feet ® 1207 Partridge Lane Pa r tr id g e L a n e Waxwing Way W Shaulis Road F a l c o n R i d g e Page 26 of 131 C ITY OF WATER LOO Council Communication R es o lutio n approving the req uest of C ammie S c ully fo r tax exemptio ns o n the c ons tructio n o f ho me imp ro vements valued at $120,000 for a prop erty loc ated at 605 R iverside Drive and loc ated within the C o nsolidated Urb an R evitalization Area (C UR A). City Council Meeting: 11/13/2017 Prepared: 11/6/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:32 AM ATTA C H M EN TS : Description Type C U R A 605 R iverside D rive C over Memo S UB J E C T: R es o lution approving the req uest of C ammie S cully fo r tax exemptio ns on the c o nstruc tio n o f ho me improvements valued at $120,000 fo r a p ro p erty lo cated at 605 R ivers ide Drive and lo cated within the C o nsolidated Urb an R evitalizatio n Area (C UR A). S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n: R es o lution approving C UR A applic ation fro m C ammie S cully fo r the cons truction of home imp ro vements at 605 R ivers id e Drive , Waterloo, Iowa 50703, Valued at $120,000 and autho rize the Mayor and C ity C lerk to exec ute said doc uments. S ummary S tatement: T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes o n the ac tual value added to R es id ential p ro p erty under the C ons o lid ated Urb an R evitalizatio n Area. Exp enditure R equired :N/A S ource o f F und s :N/A P olic y Issue: S trategy 3.8: C o ntinue efforts to foster new inves tments and develo p ment in the C ity's Urban R enewal Areas (T I F Dis tric ts ) and C o nsolidated Urban R evitalizatio n Area (C UR A). Alternative:N/A Background I nformatio n:N/A Page 27 of 131 Legal Desc riptio ns :C E DAR R I VER PA R K LO T S 3 AND 4 BLK 5 A ND S T R I P O F E Q UAL W IDT H EX T ENDI NG T O R I VER Page 28 of 131 P a g e 2 9 o f 1 3 1 P a g e 3 0 o f 1 3 1 Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. 0 200 400100Feet ® 605 Riverside Drive W C o n g e r S t r e e t Noorwood Ave. R i v e r s i d e D r i v e CURA Boundary Riehl Stre e t M a p l e w o o d S t r e e t L o n g f e l l o w A v e . Page 31 of 131 C ITY OF WATER LOO Council Communication R es o lutio n approving the req uest of S teven S to akes fo r tax exemptio ns on the c ons tructio n o f ho me imp ro vements valued at $57,568.71 for a pro p erty loc ated at 319 Ind ep end enc e Ave. and loc ated within the C o nsolidated Urb an R evitalization Area (C UR A). City Council Meeting: 11/13/2017 Prepared: 11/6/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:32 AM C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:33 AM ATTA C H M EN TS : Description Type C U R A 319 I ndependence Ave.C over Memo S UB J E C T: R es o lution approving the req uest of S teven S to akes fo r tax exemptio ns on the c o nstruc tio n o f ho me improvements valued at $57,568.71 fo r a p roperty lo cated at 319 Ind ep endence Ave. and loc ated within the C o nsolidated Urb an R evitalizatio n Area (C UR A). S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n: R es o lution approving C UR A applic ation fro m S teven S to akes fo r the cons truction of home imp ro vements at 319 Independ enc e Ave. , Waterlo o , Iowa 50703, Valued at $57,568.71 and autho rize the Mayo r and C ity C lerk to exec ute s aid doc uments. S ummary S tatement: T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes o n the ac tual value added to R es id ential p ro p erty under the C ons o lid ated Urb an R evitalizatio n Area. Exp enditure R equired :N/A S ource o f F und s :N/A P olic y Issue: S trategy 3.8: C o ntinue efforts to foster new inves tments and develo p ment in the C ity's Urban R enewal Areas (T I F Dis tric ts ) and C o nsolidated Urban R evitalizatio n Area (C UR A). Alternative:N/A Background I nformatio n:N/A Page 32 of 131 Legal Desc riptio ns :C entral S ubdivis io n, Lot 12 Page 33 of 131 P a g e 3 4 o f 1 3 1 P a g e 3 5 o f 1 3 1 P a g e 3 6 o f 1 3 1 P a g e 3 7 o f 1 3 1 P a g e 3 8 o f 1 3 1 P a g e 3 9 o f 1 3 1 P a g e 4 0 o f 1 3 1 Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. 0 200 400100Feet ® 319 Independence Ave. I n de p e nd e n c e A v e . Courtland Street C h e r r y S t r e e t Fo wle r Stre e t Glenwood Street L a n e S t r e e t I r v i n g S t r e e t Page 41 of 131 C ITY OF WATER LOO Council Communication R es o lutio n s etting a date of p ublic hearing as Novemb er 27, 2017 to ap p rove the s ale and c o nveyance o f c ity o wned property loc ated ad jacent to 1947 R ainbow Drive, in the amount of $1.00 per lo t, to S hay Tras k inc luding a Development Agreement, and ins truc t C ity C lerk to p ublish said no tic e. City Council Meeting: 11/13/2017 Prepared: 10/18/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:46 AM ATTA C H M EN TS : Description Type Application C over Memo Detailed P roperty R eport L ot 1 C over Memo Detailed P roperty R eport L ot 2 C over Memo S ite P lan C over Memo F loor P lan C over Memo Aerial P hotos C over Memo S UB J E C T: R es o lution s etting a date of p ublic hearing as Novemb er 27, 2017 to approve the sale and c o nveyance o f c ity owned property lo cated adjac ent to 1947 R ainbow Drive, in the amo unt o f $1.00 p er lot, to S hay Trask includ ing a Development Agreement, and ins truct C ity C lerk to pub lis h s aid no tic e. S ub mitted by:S ubmitted By: No el Anderson, Directo r C o mmunity P lanning and Development R ec o mmended Ac tio n:Ap p ro val S ummary S tatement:T he applic ant p lans to b uild a new home with garage o n the property. S ource o f F und s :N/A P olic y Issue:S ale of city owned p ro ep rty Background I nformatio n:T he lots where ac q uired in 1970; circ ums tanc es unkno wn at this time. Page 42 of 131 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ‰ Offer to Vacate and Purchase City Right-of-Way ‰ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ‰ Sale of City-Owned Property Applicant:________________________ Address:_____________________________ Phone No.: _______________ 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 CURA): ____________________ • 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. _______________________________________ ________________________ Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements x Shay Trask $1 $1 1619 Olive Street, Cedar Falls, IA 50613 319.404.5810 October 17th, 2017 Parcel ID’s: 8913-17-477-002 and 8913-17-477-003 Page 43 of 131 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-17-477-002 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No.Map Area Contract Buyer 3 WWTLO-02 Property Address Current Recorded Transfer 00000 00000-0000 Date Drawn Date Filed Recorded Document Type 1/17/1969 1/27/1970 DEED 488096 D ASSESSED VALUES/CREDITS Year Class 2017 E 100% Value Land Multi-Residential Land Dwelling Building Total Acres 7,780 0 0 0 7,780 0 Taxable Value Land Multi-Residential Land Dwelling Building Total 7,780 0 0 0 7,780 Year Class 2016 E 100% Value Land Multi-Residential Land Dwelling Building Total Acres 7,780 0 0 0 7,780 0 Taxable Value Land Multi-Residential Land Dwelling Building Total 7,780 0 0 0 7,780 Year Class 2015 E 100% Value Land Multi-Residential Land Dwelling Building Total Acres 7,780 0 0 0 7,780 0 Taxable Value Land Multi-Residential Land Dwelling Building Total 7,780 0 0 0 7,780 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 0 40.33157 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL LOBDELLS SECOND ADDITION TO CASTLE HILL LOT 3 Page 44 of 131 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 60 60 182 182 0 10920 0.251 Totals:10920 0.251 Entry Status: Inspected Date Website Last Updated: 10/13/2017 Page 45 of 131 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-17-477-003 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No.Map Area Contract Buyer 3 WWTLO-02 Property Address Current Recorded Transfer 00000 00000-0000 Date Drawn Date Filed Recorded Document Type 1/17/1969 1/27/1970 DEED 488096 D ASSESSED VALUES/CREDITS Year Class 2017 E 100% Value Land Multi-Residential Land Dwelling Building Total Acres 7,630 0 0 0 7,630 0 Taxable Value Land Multi-Residential Land Dwelling Building Total 7,630 0 0 0 7,630 Year Class 2016 E 100% Value Land Multi-Residential Land Dwelling Building Total Acres 7,630 0 0 0 7,630 0 Taxable Value Land Multi-Residential Land Dwelling Building Total 7,630 0 0 0 7,630 Year Class 2015 E 100% Value Land Multi-Residential Land Dwelling Building Total Acres 7,630 0 0 0 7,630 0 Taxable Value Land Multi-Residential Land Dwelling Building Total 7,630 0 0 0 7,630 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 0 40.33157 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL LOBDELLS SECOND ADDITION TO CASTLE HILL LOT 2 Page 46 of 131 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 60 60 169 169 0 10140 0.233 Totals:10140 0.233 Entry Status: Inspected Date Website Last Updated: 10/13/2017 Page 47 of 131 GARAGE/HOUSE Page 48 of 131 Page 49 of 131 P a g e 5 0 o f 1 3 1 P a g e 5 1 o f 1 3 1 C ITY OF WATER LOO Council Communication R es o lutio n approving c anc ellation of s p ecial as s es s ment in the amount of $48.70 fo r delinq uent garbage, s to rm and s ewer fees fo r property lo cated at 1641 C herry Hills Drive, and authorize C ity C lerk to notify Blac k Hawk C o unty Treas urer o f s aid cancellatio n. City Council Meeting: 11/13/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/8/2017 - 12:57 P M S UB J E C T: R es o lution approving c anc ellation of s pec ial as s es s ment in the amount o f $48.70 for delinq uent garbage, s torm and s ewer fees fo r property lo cated at 1641 C herry Hills Drive, and autho rize C ity C lerk to no tify Black Hawk C o unty Treas urer o f said cancellatio n. S ub mitted by:S ubmitted By: Kelley F elchle, C ity C lerk R ec o mmended Ac tio n:Ap p ro ve reques t to cancel as s es s ment. S ummary S tatement:P er the Water Works , this property was vac ant and s hould have b een credited fo r the charges b efo re the as s es s ment p ro cess. Page 52 of 131 C ITY OF WATER LOO Council Communication R es o lutio n canc eling c o uncil meeting s cheduled for December 26, 2017 due to the ho lid ays. City Council Meeting: 11/13/2017 Prepared: 11/9/2017 R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/9/2017 - 10:13 AM S UB J E C T:R es o lution c anc eling c o uncil meeting s cheduled for December 26, 2017 d ue to the ho lidays . S ub mitted by:S ubmitted By: Kelley F elchle, C ity C lerk Page 53 of 131 C ITY OF WATER LOO Council Communication Hangar No. 4 R ehabilitation P rojec t, at the Waterloo R egional Airp o rt, via I DO T P rojec t No . 9-I-180-ALO - 200, and I DO T C ontrac t No . 19559. City Council Meeting: 11/13/2017 Prepared: 10/14/2017 R EV I EWER S : D epartment R eviewer Action D ate Airport K aspari, K eith Approved 10/14/2017 - 4:21 P M C lerk O ffice E ven, L eAnn Approved 10/19/2017 - 11:37 AM ATTA C H M EN TS : Description Type F inancial P lan for H angar 4 Improvement P roject C over Memo Engineer's E stimate for H angar 4 Improvement P roject C over Memo P ictures of H angar N o: 4 I nterior C over Memo P ictures of H angar N o: 4 E xterior C over Memo B id TabH anger N o. 4 B ackup M aterial S UB J E C T: Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing. HO LD HEAR ING - No comments o n file. Motio n to c lo s e hearing and rec eive and file o ral and written comments. R es o lution c o nfirming ap p ro val o f spec ific ations , fo rm of contrac t, etc. R es o lution autho rizing to proc eed . Motio n to rec eive and file and ins truct C ity C lerk to read b id s . R es o lution award ing bid to Woodruff C o ns truc tion, L L C of Waterlo o, Iowa, fo r the Hangar No . 4 R ehabilitation P ro ject, at the Waterloo R egio nal Airp o rt, via I DO T P rojec t No . 9-I-180-ALO -200, and I DO T C ontrac t No. 19559, in the amount of $65,522 and autho rize the Mayo r and C ity C lerk to exec ute said doc ument. S ub mitted by:S ubmitted By: Keith Kaspari, Airp o rt Direc tor R ec o mmended Ac tio n:T hat the bid be awarded to Woodruff C o ns truc tion, L L C . S ummary S tatement:Ap p ro ve the req ues t of S taff. Exp enditure R equired :S ee attac hed F inanc ial P lan for this Aircraft S torage Hangar Improvement p ro ject. S ource o f F und s : T his projec t will be fund ed at 100% by the us e of the Io wa Dep t. of Transportatio n - and the O ffic e of Aviatio n's - C ommerc ial S ervice Vertic al Infras tructure (C S VI) P rogram. T here is no C ity o f Waterloo nor Airp o rt Dep artment required grant match. Page 54 of 131 To complete this projec t, will require the full alloc ation of fund s for F Y-2018 ($61,563.00), in additio n o f unspent C S VI funds fro m a p revious I DO T F is cal Year, as you c an s ee from the attac hed Engineer's Estimate and F inancial P lan. P olic y Issue: T his projec t c o mp lies with the C ity of Waterloo's S trategic P lan, as follo ws : G oal No : 3, and S trategies Nos: 3.1, 3.3, 3.4, 3.5 and 3.7. G oal No : 4, and S trategies Nos: 4.1 and 4.5. Alternative:No projec t alternatives were s elected for this p ro ject and us e of fund s . Background I nformatio n: T his projec t will c o ntinue previo us years wo rk and p ro jects , to allo cate as many I DO T C S VI grant funds as possib le, fo r the o ngo ing improvement o f C ity of Waterloo o wned - yet, leas ed buildings at the Waterloo R egional Airp o rt. It is the goal and o b jective o f Airp o rt S taff, to continue the vertic al infrastruc ture imp ro vements to C ity-o wned and again, leas ed fac ilities, as the grant funds remain available. T his is s o that as exis ting leas es exp ire, the C ity of Waterlo o and the airport d ep artment c an witness future inc reas ed leas e-rent revenues by provid ing enhanc ed fac ilities for the airport tenants to operate from. T his projec t s pec ifically, c o ntinues similar wo rk as performed with the F Y- 2017 projec t, b y rep lacing as follows : 1. Interio r rep lac ement o f 1970's era flores c ent light fixtures in the main hangar b ay to c urrent and next generation LED light fixtures , to allo w the tenant to witnes s imp ro ved energy imp rovements with elec tric al utility us age and mo nthly electrical costs ; and, 2. To begin the initial and phas ed replac ement o f the wind o ws, as o riginally installed on the 1970's era c o nstruc ted hangar, on the north-fac e of the b uilding to provid e, again, a better o verall s eal and energy imp ro vements by p ro viding a b etter overall tighter b uilding envelope. Legal Desc riptio ns :No t ap p lic ab le for this reques t b y S taff. Page 55 of 131 P a g e 5 6 o f 1 3 1 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT HANGAR NO. 4 WINDOWS AND HANGAR BAY LIGHT REPLACEMENT 10/13/2017 ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY ESTIMATED UNIT PRICE EXTENDED TOTAL 1 MOBILIZATION LS 1 5,000.00$ 5,000.00$ 2 REMOVE WINDOWS EA 27 250.00$ 6,750.00$ 3 WINDOW REPLACEMENT (33" by 56") EA 23 1,500.00$ 34,500.00$ 4 WINDOW REPLACEMENT (49" by 56") EA 4 1,750.00$ 7,000.00$ 5 HIGH BAY LED LIGHTS EA 30 550.00$ 16,500.00$ Total Estimate 69,750.00$ Page 57 of 131 Page 58 of 131 Page 59 of 131 P a g e 6 0 o f 1 3 1 C ITY OF WATER LOO Council Communication Motio n ap p roving C hange O rd er No. 5, final quantity summary, fo r a net d ec reas e o f $62,838.39, for the F Y 2017 Brid ge Dec k R ep air and O verlay P rogram, C ontrac t No . 879, and authorize the Mayor and C ity C lerk to exec ute said doc ument. City Council Meeting: 11/13/2017 Prepared: 11/7/2017 R EV I EWER S : D epartment R eviewer Action D ate E ngineering T horson, E ric Approved 11/8/2017 - 10:17 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:04 AM ATTA C H M EN TS : Description Type C ont 879_C hange O rder 5_F inal Q ty S ummary C over Memo C ont 879_I ncr_D ecr Q ty Summary C over Memo S UB J E C T: Motio n approving C hange O rd er No. 5, final quantity summary, fo r a net d ecrease of $62,838.39, fo r the F Y 2017 Bridge Dec k R ep air and O verlay P ro gram, C o ntract No. 879, and authorize the Mayo r and C ity C lerk to exec ute said doc ument. S ub mitted by:S ubmitted By: Dennis G entz, P E, Assistant C ity Engineer S ummary S tatement: T his is the ac c umulated amo unt o f adjus tments from o riginal to final q uantities that were d etermined necessary d uring the c o nstruc tion of the p ro ject, whic h res ults in a d ecrease to the total projec t cost. S ource o f F und s :Division 1: R oad Us e Tax F und s Division 2: F lood C o ntro l funds ( G . O . Bond s ) Page 61 of 131 Final Change Order No. 5 Contract No. 879 Page 1 of 1 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY CHANGE or EXTRA WORK ORDER NO. 5 PROJECT: F.Y. 2017 BRIDGE DECK REPAIR AND OVERLAY CONTRACT NO. 879 Date Prepared: November 6, 2017 AMOUNT: $62,838.39 DECREASE TO: BOULDER CONTRACTING, LLC , 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 November 7, 2016 . A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. NET DECREASE $62,838.39 CITY OF WATERLOO BY: ______________________________ BOULDER CONTRACTING, LLC Mayor Date CONTRACTOR BY: Date ATTEST: PRINTED NAME: ____Luke Kjormoe_____________ __________________________________ City Clerk Date TITLE: APPROVED: City Engineer Date Page 62 of 131 F. Y 2 0 1 7 B R I D G E D E C K R E P A I R A N D O V E R L A Y CO N T R A C T N O . 8 7 9 IN C R E A S E - D E C R E A S E Q U A N T I T Y S U M M A R Y BO U L D E R PLAN FINAL INCR-DECR INCR-DECR IT E M N O . DE S C R I P T I O N UN I T UN I T $ QTY QTY QTY COST DI V I S I O N 1 1 RE M O V A L S LS $1 0 0 , 0 0 0 . 0 0 1.00 1.00 0.00 $0.00 2 ST R U C T U R A L C O N C R E T E , M I S C E L L A N E O U S CY $1 , 8 0 0 . 0 0 25.40 28.72 3.32 $5,976.00 3 RE I N F O R C I N G S T E E L , E P O X Y C O A T E D LB $3.50 750.00 1,129.54 379.54 $1,328.39 4 DE C K R E P A I R , C L A S S A SY $230.00 729.00 477.76 (251.24)($57,785.20) 5 DE C K R E P A I R , C L A S S B SY $255.00 74.00 78.30 4.30 $1,096.50 6 ST E E L E X T R U S I O N J O I N T W I T H N E O P R E N E LF $210.00 202.00 196.00 (6.00)($1,260.00) 7 NE O P R E N E G L A N D I N S T A L L A T I O N A N D T E S T I N G LF $30.00 202.00 196.00 (6.00)($180.00) 8 CO N C R E T E R E P A I R SF $61.00 600.00 247.20 (352.80)($21,520.80) 9 FU R N I S H T E M P O R A R Y B A R R I E R R A I L LF $12.50 1,380.00 1,212.20 (167.80)($2,097.50) 10 IN S T A L L T E M P O R A R Y B A R R I E R R A I L LF $2.10 2,760.00 1,842.20 (917.80)($1,927.38) 11 TE M P O R A R Y C R A S H C U S H I O N , F U R N I S H A N D I N S T A L L EA C H $815.00 8.00 4.00 (4.00)($3,260.00) 12 BR I D G E A P P R O A C H , B R - 2 0 1 SY $150.00 1,328.20 1,355.90 27.70 $4,155.00 13 BR I D G E A P P R O A C H , B R - 2 0 2 SY $151.00 850.00 889.20 39.20 $5,919.20 14 ST A N D A R D N O N R E I N F O R C E D P A V I N G , P C C , 9 I N C H , C - 4 W / C D J O I N T S SY $70.00 796.80 676.70 (120.10)($8,407.00) 15 EX C A V A T I O N E A R T H W O R K CY $45.00 100.00 158.00 58.00 $2,610.00 16 MO D I F I E D S U B B A S E TO N $25.00 207.00 384.00 177.00 $4,425.00 17 LO N G I T U D I N A L G R O O V I N G I N C O N C R E T E SY $3.00 5,104.00 4,668.70 (435.30)($1,305.90) 18 RE M O V A L O F P A V E M E N T SY $10.00 2,939.10 2,926.60 (12.50)($125.00) 19 RE M O V A L O F E X I S T I N G P A V E M E N T L U G LF $20.00 332.00 411.40 79.40 $1,588.00 20 CO N C R E T E B A R R I E R , T A P E R E D E N D , B A - 1 0 8 EA C H $7 , 5 0 0 . 0 0 4.00 4.00 0.00 $0.00 21 RE M O V E A N D R E P L A C E A B U T M E N T B E A R I N G P L A T E S B , C A N D D , C L E A N A N D P A I N T P L A T E A , R I V E R R O A D EA C H $1 , 2 5 0 . 0 0 20.00 20.00 0.00 $0.00 22 RE M O V E A N D R E P L A C E A B U T M E N T B E A R I N G P L A T E S , C L E A N A N D P A I N T S O L E P L A T E , W E S T F I E L D EA C H $1 , 3 2 5 . 0 0 18.00 18.00 0.00 $0.00 23 FL O O R D R A I N E X T E N S I O N , R I V E R R O A D EA C H $600.00 17.00 17.00 0.00 $0.00 24 FL O O R D R A I N E X T E N S I O N , W E S T F I E L D A V E . EA C H $1 , 0 0 0 . 0 0 12.00 12.00 0.00 $0.00 25 SI D E W A L K / T R A I L R E M O V A L SY $24.00 120.00 166.00 46.00 $1,104.00 26 SI D E W A L K / T R A I L , P C C , 6 I N C H SY $58.00 120.00 164.40 44.40 $2,575.20 27 FL U M E , P C C , 6 I N C H SY $350.00 8.50 15.00 6.50 $2,275.00 28 SL O P E P R O T E C T I O N R E M O V A L SY $35.00 181.00 182.00 1.00 $35.00 29 SL O P E P R O T E C T I O N P A V I N G , 4 I N C H P C C w / 6 x 6 # 1 0 x # 1 0 W W M SY $125.00 181.00 182.00 1.00 $125.00 30 PA V I N G N O T C H , W E S T F I E L D A V E . LF $180.00 90.00 90.20 0.20 $36.00 31 FL O W A B L E M O R T A R CY $800.00 2.00 0.00 (2.00)($1,600.00) 32 PA I N T E D P A V E M E N T M A R K I N G , W A T E R B O R N E O R S O L V E N T - B A S E D ST A $28.00 79.91 96.05 16.14 $451.92 33 PA V E M E N T M A R K I N G S R E M O V E D ST A $46.25 78.91 45.04 (33.87)($1,566.49) 34 MO B I L I Z A T I O N LS $6 0 , 0 0 0 . 0 0 1.00 1.00 0.00 $0.00 35 DE T O U R , W E S T F I E L D A V E N U E LS $3 , 2 0 0 . 0 0 1.00 1.00 0.00 $0.00 36 TR A F F I C C O N T R O L LS $1 1 , 0 0 0 . 0 0 1.00 1.00 0.00 $0.00 10 0 1 DI R E C T I O N A L S I G N O N 2 1 8 EA C H $440.00 2.00 2.00 0.00 $0.00 20 0 1 NE O P R E N E B E A R I N G P L A T E P A D EA C H $69.00 38.00 38.00 0.00 $0.00 30 0 1 MO B I L E S T R E E T D E T O U R LS $1 , 8 1 5 . 0 0 1.00 1.00 0.00 $0.00 30 0 2 WE T R E F L E C T I V E R E M O V A B L E T A P E ST A $121.00 25.00 25.87 0.87 $105.27 40 0 1 RI P R A P , C L A S S E TO N $48.00 268.00 295.75 27.75 $1,332.00 TO T A L B A S E B I D ($65,897.79) 11 / 8 / 2 0 1 7 Wa t e r l o o . 1 1 3 6 9 . 1 . C o n t _ 8 7 9 _ I N C R - D E C R _ Q T Y _ S U M M A R Y . x l s x Page 1of 2 Pa g e 6 3 o f 1 3 1 F. Y 2 0 1 7 B R I D G E D E C K R E P A I R A N D O V E R L A Y CO N T R A C T N O . 8 7 9 IN C R E A S E - D E C R E A S E Q U A N T I T Y S U M M A R Y BO U L D E R PLAN FINAL INCR-DECR INCR-DECR IT E M N O . DE S C R I P T I O N UN I T UN I T $ QTY QTY QTY COST AL T E R N A T E A OP T I O N 1 37 . 1 DE C K O V E R L A Y ( C L A S S O P C C ) SY $76.50 3,305.0 3,305.00 0.00 $0.00 TO T A L A L T E R N A T E A $0.00 BO U L D E R PLAN FINAL INCR-DECR INCR-DECR UNIT QTY QTY QTY COST IT E M N O . DE S C R I P T I O N UN I T COST FLOODCONTROL F L O O D C O N T R O L F L O O D C O N T R O L FLOODCONTROL DI V I S I O N 2 - W E S T F I E L D P A V E M E N T T H R O U G H L E V E E C L O S U R E 1 RE M O V A L O F P A V E M E N T , R E I N F O R C E D SY $13.00 296.2 310 13.80 $179.40 2 RE I N F O R C E D P A V I N G , P C C , 8 I N C H , C - 4 W / 8 X 1 5 6 X 6 4 X 4 G A U G E S H E E T S SY $72.00 296.2 336.2 40.00 $2,880.00 3 MA N H O L E R E P A I R , A S P E R D E T A I L EA C H $3 , 2 0 0 . 0 0 2.0 2 0.00 $0.00 4 FU R N I S H A N D I N S T A L L B A S E P L A T E EA C H $650.00 2.0 2 0.00 $0.00 5 FU R N I S H A N D I N S T A L L M A N H O L E F R A M E A N D C O V E R EA C H $1 , 0 0 0 . 0 0 2.0 2 0.00 $0.00 6 PA R T I A L D E P T H C O N C R E T E R E P A I R O N G A T E S I L L SY $2 , 1 0 0 . 0 0 1.0 1 0.00 $0.00 TO T A L D I V I S I O N 2 $3,059.40 TO T A L D E C R E A S E ($62,838.39) OR I G I N A L C O N T R A C T A M O U N T $1,424,426.57 CH A N G E O R D E R N O . 1 $880.00 CH A N G E O R D E R N O . 2 $2,622.00 CH A N G E O R D E R N O . 3 $4,840.00 CH A N G E O R D E R N O . 4 $12,864.00 CH A N G E O R D E R N O . 5 ($62,838.39) FI N A L C O N T R A C T A M O U N T $1,382,794.18 TO T A L P A Y M E N T S T O C O N T R A C T O R $1,382,794.18 11 / 8 / 2 0 1 7 Wa t e r l o o . 1 1 3 6 9 . 1 . C o n t _ 8 7 9 _ I N C R - D E C R _ Q T Y _ S U M M A R Y . x l s x Page 2of 2 Pa g e 6 4 o f 1 3 1 C ITY OF WATER LOO Council Communication R es o lutio n approving C ompletio n o f P rojec t and R ec o mmendatio n o f Acc eptanc e of Work for work p erfo rmed by Bould er C ontrac ting, LLC , of G rund y C enter, Io wa, at a total c os t of $1,382,794.18 in conjunctio n with the F Y 2017 Brid ge Deck and O verlay P ro gram, C ontrac t No. 879, and receive and file two (2) year maintenanc e bond . City Council Meeting: 11/13/2017 Prepared: 11/7/2017 R EV I EWER S : D epartment R eviewer Action D ate E ngineering T horson, E ric Approved 11/8/2017 - 10:18 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:07 AM ATTA C H M EN TS : Description Type C ont 879_M aintenance B ond C over Memo S UB J E C T: R es o lution approving C ompletio n o f P ro jec t and R ec o mmendatio n o f Acc ep tanc e of Work for work performed by Bo ulder C o ntracting, L LC , of G rundy C enter, Io wa, at a total c o s t o f $1,382,794.18 in conjunctio n with the F Y 2017 Brid ge Deck and O verlay P ro gram, C ontrac t No . 879, and receive and file two (2) year maintenance bond . S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer S ummary S tatement: Bould er C o ntracting, L L C has c o mp leted the ab o ve referenc ed projec t in acc o rd anc e with the plans and spec ifications . Transmitted als o to the C lerk’s O ffice is the Maintenance Bond that guarantees to remed y any defec ts in workmans hip o r materials that may d evelop in s aid work within a period o f two (2) years from the date of the acc ep tance of the wo rk und er said contrac t. S ource o f F und s :Division 1: R oad Us e Tax F und s Division 2: F lood C o ntro l funds ( G . O . Bond s ) Page 65 of 131 P a g e 6 6 o f 1 3 1 P a g e 6 7 o f 1 3 1 C ITY OF WATER LOO Council Communication R es o lutio n approving P rofessional S ervices Agreement with Nutri-Ject S ys tems , Inc. of Hudson, Iowa in an amo unt not to exc eed $36,140, fo r bio-solids removal services, and authorize the Mayor to exec ute said d o cument. City Council Meeting: 11/13/2017 Prepared: 11/7/2017 R EV I EWER S : D epartment R eviewer Action D ate Waste Management H oambrecker, S teven Approved 11/8/2017 - 8:49 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 9:27 AM ATTA C H M EN TS : Description Type nutriject satellite bio solids C over Memo S UB J E C T: R es o lution approving P rofessional S ervic es Agreement with Nutri-Ject S ystems , I nc . o f Hud s o n, Io wa in an amount no t to exc eed $36,140, for b io -s o lid s remo val s ervic es , and authorize the Mayo r to execute s aid d o cument. S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Management S ervic es R ec o mmended Ac tio n:Ap p ro ve R es olution Exp enditure R equired :$36,140 S ource o f F und s :520-14-15200-1341 Page 68 of 131 Page 69 of 131 Page 70 of 131 C ITY OF WATER LOO Council Communication R es o lutio n approving P rofessional S ervices S up p lemental Agreement No. 3, with AEC O M Tec hnical S ervic es , Inc. o f Waterloo, Io wa, in an amount not to exceed $9,230, in co njunc tion with the F Y 2016 S haulis R o ad Trail Extens io n - P has e I, C o ntract No . 858, and autho rize the Mayor to exec ute said d o cument. City Council Meeting: 11/13/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate E ngineering T horson, E ric Approved 11/8/2017 - 10:26 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:15 AM ATTA C H M EN TS : Description Type C ont 858_S upp Agreement N o. 3 C over Memo S UB J E C T: R es o lution approving P rofessional S ervic es S up p lemental Agreement No. 3, with AEC O M Technic al S ervices, Inc . of Waterlo o , Iowa, in an amo unt no t to exc eed $9,230, in conjunctio n with the F Y 2016 S haulis R o ad Trail Extension - P has e I, C o ntract No. 858, and autho rize the Mayo r to exec ute s aid doc ument. S ub mitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer Exp enditure R equired :not to exceed $9,230.00 S ource o f F und s :TAP F und ing - $3256.6 4 S tate R ec reatio nal Trail F unding - $5973.36 Background I nformatio n: ad d itional c ons tructio n-related services for an amo unt o f $9,230, due to the extended c o ns truc tion projec t to reach site s tabilizatio n and contrac tor finishing pro jec t and for p ro ject finalizatio n Page 71 of 131 AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com SHAULIS ROAD TRAIL EXTENSION, PHASE I WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, a Professional Services Agreement was entered into by the City of Waterloo, Iowa (City), and AECOM Technical Services, Inc. (Consultant), of Waterloo, Iowa, dated September 2, 2014, for the preliminary design, final design and construction review for the Shaulis Road Trail Extension, Phase I, from IA 21 to Isle and Capri Boulevards, Waterloo, Iowa; and WHEREAS, the City and Consultant entered into Supplemental Agreement No. 1, dated February 8, 2016, for construction-related engineering services during the construction phase of the Shaulis Road Trail Extension, Phase I, construction project; and WHEREAS, the City and Consultant entered into Supplemental Agreement No. 2, dated January 12, 2017, for additional construction-related services for the Shaulis Road Trail Extension, Phase I, project; and WHEREAS, the City and Consultant now desire to enter into Supplemental Agreement No. 3 for additional construction-related services for the Shaulis Road Trail Extension, Phase I, project. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. SCOPE OF SERVICES Services to be provided include the construction staking, field review, material testing and contract administration for the construction of the Shaulis Road Trail Extension, Phase I, construction project from IA 21 to Isle of Capri Boulevard. The Scope of Services under this supplemental agreement includes additional time to complete the following tasks (from Supplemental Agreement No. 1). Supplemental Agreement No. 2 included additional services due to an extension of the construction period to the spring of 2017. This supplemental agreement is due to an extension of the construction period to November of 2017 and shall be effective beginning September 1, 2017. The Scope of Services is further defined by the following tasks: Task 1 - Preconstruction Conference. Assist the City with conducting the preconstruction conference and have appropriate representative staff attend. This task includes conducting the meeting and preparing minutes. Task 2 - Construction Staking. Provide horizontal and vertical control, including the following items: • Project Control • Stake Construction Limits at 100-Foot Intervals, Plus Break Points • Set Slope Stakes or Grading Stakes at 50-Foot Intervals • Set Stakes for Drainage Structures • Set Stakes for Intakes and Utility Accesses • Set Stakes for Retaining Wall • Set Stakes at 25-Foot Intervals for Sidewalk/Trail • Set Stakes for Driveway Locations • Set Stakes at 100-Foot Intervals for Fence From 175+90 to 183+00 • Set Stakes for Lighting and Signals Page 72 of 131 Page 2 Task 3 - Interpret Plans and Specifications. Interpret the intent of the plans and specifications for general compliance with the construction contract. The Consultant will not, however, guarantee the performance of any contractor. Task 4 - Shop Drawing Review. Review work drawings, samples and other submittals of the contractor only for general conformance to the design concept of the project and for general compliance with the construction contract. Article 1105.03, Iowa DOT Standard Specifications for Highway and Bridge Construction, will apply. Task 5 - Progress and Quality of Construction. Maintain direct contact with the City’s representative or his authorized representative to the extent necessary to inform the City’s representative of the progress and quality of construction work performed. Provide the necessary qualified staff at the job site to act under the authority of the City’s representative, and observe and review the work in progress and determine whether the work is in general conformity with the contract plans and specifications. Construction field review staff shall be responsible for required construction documentation, including maintaining project dairies and quantity records as required by Iowa DOT federal-aid project standards. It is understood that responsibility for the correctness of every detail of construction is beyond the scope of this agreement. The Consultant shall not assume management or direction of the contractor’s operations or any utility company’s operations. Nothing in this agreement shall be construed as giving the Consultant the responsibility or authority to direct or supervise construction methods, means, techniques, procedures or safety methods used by the contractor, subcontractors, or utility companies performing the actual construction work. Neither observations by the Consultant nor inspections, tests or approvals, shall relieve the contractor, subcontractors or utility companies from their obligation to perform the work in accordance with the requirements of the contract documents. The contractor has ultimate responsibility to monitor all his work to ensure proper quality, safety and completion within the contract time, as do the utility companies involved in this project. Task 6 - Testing. Consultant will complete necessary earthwork, density and P.C.C. verification testing for the project as required by Iowa DOT’s Materials Department Instruction Memorandums and Iowa DOT’s Construction Manual. The contractor shall be responsible for certified plant inspection in accordance with the standard specifications. Task 7 - Reports. Prepare and submit daily, weekly and monthly reports as required by Iowa DOT’s Materials Department Instruction Memorandums and Iowa DOT’s Construction Manual. Also includes preparation and submittal of change and extra work orders, subcontract requests and other forms as are normally utilized by the Iowa DOT on construction projects. Reports are to be submitted per Iowa DOT Standards for reporting, and copies of reports are to be submitted to the City. Task 8 - Estimates. Make monthly or bi-monthly reports to the City’s representative, or his authorized representative, of the estimated amount of materials furnished and delivered and the work performed. Review and approve estimates for progress and final payment. Page 73 of 131 Page 3 Task 9 - Pay Quantities. Measure and document construction pay quantities and perform functions necessary to assist with funding reimbursement for the project. Task 10 - Claims. Consider and evaluate contractor’s suggestions for modifications and report them with recommendation to the City. Prepare and assist the City and contractor in processing contract change orders. Task 11 - Final Construction Review. Conduct the final construction review with representatives of the Iowa DOT and City at completion of the project. The Consultant shall state his opinion as to whether the project was completed in substantial conformance with the Plans and Specifications and recommend acceptance thereof. Task 12 - Record Drawings. Prepare record drawings conforming to the construction records provided to the Consultant by the contractor during the construction process. Task 13 - Project Close-Out. Complete construction and materials audits in compliance with Iowa DOT standards. Prepare final acceptance documents, as required by Iowa DOT. Task 14 - Project Administration. Attend periodic construction meetings and conduct intraoffice administration and coordination of the project. These meetings shall include utility coordination meetings, as needed, during execution of construction. II. COMPENSATION The Consultant shall be reimbursed for the actual costs incurred in accordance with Article 3 of the original agreement. For this agreement (construction and administrative services), the City shall retain from each monthly payment 3 percent of the amount due. Final payment shall not be made to Consultant until after receiving approval from the Iowa DOT. The estimated actual costs, fixed fee, contingency and maximum amount payable for this supplemental agreement, as stated below and as shown in Attachment A, are to be integrated with those covered in Supplemental Agreement Nos. 1 and 2. Contingency Total SA No. 1 Release SA No. 2 SA No. 3 Amount Estimated Actual Costs $102,070.00 $5,100.00 $16,180.00 $8,220.00 $131,570.00 Fixed Fee 12,810.00 0.00 2,070.00 1,010.00 15,890.00 Contingency Remaining 5,100.00 (5,100.00) 0.00 0.00 0.00 Maximum Amount Payable $119,980.00 $ 0.00 $18,250.00 $9,230.00 $147,460.00 III. In all other respects, the obligations of the City and Consultant shall remain as specified in the Professional Services Agreement dated September 2, 2014. Page 74 of 131 Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date October 27, 2017 Douglas W. Schindel, P.E. Associate Vice President CITY OF WATERLOO, IOWA By Date Quentin Hart, Mayor IOWA DEPARTMENT OF TRANSPORTATION ACCEPTED FOR AUTHORIZATION By Date O:\Administration\AGREE\SUPPLE\SA3WatShaulisRdTrailExtPh1.docx Page 75 of 131 Attachment A Supplemental Agreement No. 3 Shaulis Road Trail Extension, Phase 1 IA 21 to Isle of Capri Boulevard City of Waterloo, Iowa Additional Construction Review Services Cost Analysis I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount Senior Professional 0 $82.30 $0.00 Project Professional 8 $59.10 $472.80 Staff Professional 6 $46.70 $280.20 Professional 0 $35.80 $0.00 CADD Operator II 0 $33.90 $0.00 CADD Operator I 8 $26.80 $214.40 Senior Technician 54 $35.60 $1,922.40 Technician 6 $26.50 $159.00 Project Support 8 $31.00 $248.00 $3,296.80 90 II. Payroll Burden and Overhead Costs 135.09% $4,453.65 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 500 0.535 267.50 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 0 0.06 0.00 Color Copies 0 0.22 0.00 EDM Equipment 0 12.50 0.00 GPS Equipment 0 25.00 0.00 Miscellaneous, Other 200.00 $467.50 IV. AECOM Estimated Actual Costs (I+II+III) $8,217.95 Rounded $8,220.00 V. Fixed Fee $1,010.00 VI. Contingency AECOM Technical Services $0.00 $0.00 VII. Subcontract Expense $0.00 $0.00 VIII. Maximum Amount Payable (IV+V+VI+VII) $9,230.00 Page 76 of 131 Attachment A Supplemental Agreement No. 3 Shaulis Road Trail Extension, Phase 1 IA 21 to Isle of Capri Boulevard City of Waterloo, Iowa Construction Review Services Senior Project Staff CADD CADD Senior Project Description of Work Prof. Prof. Prof. Prof. Op. II Op. I Tech Tech Support Total 1 Preconstruction Conference 0 2 Construction Staking 66618 3 Interpret Plans and Specifications 0 4 Shop Drawing Review 0 5 Progress and Quality of Construction 0 6 Testing 0 7 Reports 0 8 Estimates 0 9 Pay Quantities 0 10 Claims 0 11 Final Construction Review 48 48 12 Record Drawings 0 13 Project Close-Out 0 14 Project Administration 8 8 8 24 TOTAL HOURS 086008546890 Staff Hour Estimate Page 77 of 131 C ITY OF WATER LOO Council Communication R es o lutio n approving P rofessional S ervices S up p lemental Agreement No. 1, with Ament Des ign of C edar R ap id s , Iowa, in an amount no t to exc eed $6,715, in conjunctio n with the F Y 2018 Ansborough Avenue Improvements , C ontrac t No . 942, and authorize the Mayor to exec ute said doc ument. City Council Meeting: 11/13/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate E ngineering T horson, E ric Approved 11/8/2017 - 10:25 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:13 AM ATTA C H M EN TS : Description Type C ont 942_S upp Agreement N o. 1 C over Memo S UB J E C T: R es o lution approving P rofessional S ervic es S up p lemental Agreement No. 1, with Ament Des ign o f C edar R ap id s , I o wa, in an amount no t to exc eed $6,715, in c o njunc tion with the F Y 2018 Ans b o ro ugh Avenue Improvements , C ontrac t No . 942, and authorize the Mayor to exec ute s aid d o cument. S ub mitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer Exp enditure R equired :not to exceed $6,715.00 S ource o f F und s :T I F F unding Background I nformatio n: ad d itional d es ign s ervices to d es ign an 8-feet wid e S hared Use P ath along the no rth s id e of S an Marnan Drive, from Ans borough to the eas t end of S unnys ide S o uth Additio n Page 78 of 131 Page 1 of 4 Owner Project No. __942___ Professional Services Agreement for ANSBOROUGH AVENUE FROM U.S. 20 TO SAN MARNAN DRIVE IMPROVEMENTS Supplemental Agreement No. 1 This is an AGREEMENT, made as of the twenty-third (23rd) day of October in the year 2017; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner ; City of Waterloo, Iowa City Hall 715 Mulberry Street Waterloo, IA 50703 and the Consultant ; Ament Design 625 32nd Avenue SW Cedar Rapids, IA 52404 for the following Project: The parties hereto entered into an agreement dated the twenty-eighth (28th) day of August, 2017 for survey, design and preparation of plans, specifications, and estimates for the Ansborough Avenue from U.S. 20 to San Marnan Drive Improvements in the City of Waterloo. The Owner desires to employ the Consultant to provide additional work in connection with the construction of the improvements. The Consultant is willing to perform the construction-relates services in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: Provide topographic surveys and design to add a multi-use trail to the north side of San Marnan Drive from Ansborough Avenue to the east line of the Sunnyside South Addition. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: Eighty-eight thousand six-hundred eighty dollars and no/100 cents ($88,680.00) 1.3 Time Parameters 1.3.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.3.2 This Agreement Amendment does not alter the schedule presented in the original Contract Agreement. ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. 2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachments A. Page 79 of 131 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\9165C71F-2826-4FDA-A562-B78A324A4BD0\Waterloo.11366.1.Cont_942_Ansb_Ave_Supp_Agreement_No._1.docx Page 2 of 4 ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be as defined in Attachment C. ARTICLE 4 TERMS AND CONDITIONS 4.1 Extension of Time 4.1.1 The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.2 Consultant's Endorsement on Plans 4.2.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.3 Severability If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. Ament Design Date: , 2017 Michael G. Dryden, PE Secretary/Treasurer City of Waterloo, Iowa Date: , 2017 Printed Name: Title: Page 80 of 131 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\9165C71F-2826-4FDA-A562-B78A324A4BD0\Waterloo.11366.1.Cont_942_Ansb_Ave_Supp_Agreement_No._1.docx Page 3 of 4 ATTACHMENT A Scope of Services Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. I. Additional Topographic Surveys Topographic Surveys – This item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already collected by the City of Waterloo or others within the Project corridor in recent years. The information to be collected includes topography and visible permanent improvements and features. It is anticipated that the topographic survey corridor lengths and widths will be as follows: San Marnan Drive • South limit will be the north edge of the existing San Marnan Drive pavement. • North limit will be approximately 10 feet north of the out-of-bounds stakes on the golf course. • East limit will be Ansborough Avenue. • West limit is approximately the east line of the Sunnyside South Addition. II. Multi-Use Path Design Sidewalk, Shared Use Paths, and Pedestrian Ramp Geometrics – This task includes the determination of the detailed horizontal and vertical geometry for: • A new eight-foot wide shared-use path along the north side of San Marnan Drive from Ansborough Avenue to the east end of Sunnyside South Addition. The shared use path shall be constructed within the existing right-of-way line of San Marnan Drive, and • the proposed shared-use paths within the roadway corridor that will be constructed in accordance with Americans with Disabilities Act (ADA) requirements for the roadway construction. o Details will include station locations and offsets and grades and spot elevations shared use path locations, such as sections across drainage way. Included is the development of additional storm water management and erosion control plans to accommodate construction of the new shared use path. III. Deliverables A. ENGINEER Deliverables 1. No changes to original agreement IV. Owner’s Responsibilities MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Nothing noted Page 81 of 131 Page 4 of 4 ATTACHMENT C (referenced from 3.1) Fees and Payments - Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement Amendment, the Consultant shall be paid an additional fee as outlined below. . Original Fee $ 81,965.00 Amendment No. 1 $ 6,715.00 Maximum Amount Payable $ 88,680.00 Page 82 of 131 C ITY OF WATER LOO Council Communication R es o lutio n approving an Amendment to the Development Agreement with BC S P ro p erties, LLC and the C ity o f Waterloo, to ad d additio nal land into the Develo p ment Agreement area, and autho rize the Mayo r and C ity C lerk to exec ute s aid doc uments. City Council Meeting: 11/13/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:02 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:05 AM ATTA C H M EN TS : Description Type B C S West Amendment C over Memo B C S West D A C over Memo S UB J E C T: R es o lution approving an Amendment to the Development Agreement with BC S P roperties , LLC and the C ity of Waterloo, to add ad d itional land into the Development Agreement area, and authorize the Mayor and C ity C lerk to exec ute said doc uments. S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n:Ap p ro ve the Amend ment to Develo p ment Agreement S ummary S tatement: T he C ity of Waterlo o and B C S P roperties (Brent Dahlstro m and G eorge C o o ley) have entered into a Develo p ment Agreement for the land generally lo cated at the no rtheas t corner of Highway 63 and Wes t R id geway Avenue. T his area is a former d ump s ite full o f unkno wn rub b le, garbage, etc . T he o riginal Development Agreement granted 15 years at 95% tax rebates to help p ush forward the develo p ment of this area. T here are a lo t o f unknown costs to mo ve ahead with this site development (which is why it has s at vac ant for thes e many years ) and the tax reates will work to c reate new jo b s , new tax bas e, new cons tructio n revenue to this area of the c o mmunity. T his amendment will ad d in the final corner p arcel o f the s ite (fo rmer Nels o n p ro p erty) as BC S P roperties LLC was s till wo rking to acquire that parc el when the o ther s ite (former C las s een p roperty) was ap p ro ved und er the o riginal Development Agreement. Exp enditure R equired :NA S ource o f F und s :NA T his ac tion s upports the fo llo wing s trategies of the C ity o f Waterloo Page 83 of 131 P olic y Issue: S trategic P lan 2017-2022: S trategy 1.1 b y utilizing benchmarks fo r the c reation of p ro p erty tax inves tment and returns on private inves tment. S trategy 1.3 b y helping to create develo pment read y s ites to attract new b usines s es and s upport exis ting b usines s es S trategy 3.8 to c ontinue effo rts to fo s ter new inves tments and d evelopment in the C ity's T I F Dis tric ts Alternative:No t ap p rove Background I nformatio n: T his site had b een us ed fo r ump ing prior to c ity c o d es against dump ing o f garbage, fill, etc . in C ity limits. As a result, there are vast unknown q uantities o f problems with the s o ils , b uildability, and develo p ment of the site. P reliminary c os ts es timates p ut the costs fo r "extra" ground work at $350,000 to $400,000. And that is a gues s b as ed on soil b o rings , etc . If you have driven b y the site, you will see large c hunks of concrete, etc . that they have b een uncovering for current c ons truc tio n. T he 15 years o f tax reb as tes may s eem like a lot of tax rebates , but the site is till p ro jects to p ay o ver $28,000 in taxes to the C ity und er the firs t few projec ts, and over $678,000 o ver that 15 year period. And with the s ite being fully developed, tho s e numb ers will c o ntinue to gro w (as a point o f reference, a $270,000 hous e in Waterlo o wo uld o nly pay $5,910 in taxes - so this projec t s till pays o ver 4.7 times that amount). Legal Desc riptio ns :S ee attac hment Page 84 of 131 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the “Amendment”) is entered into as of ______________, 2017, by and between the City of Waterloo, Iowa (“City”) and BCS Properties, L.L.C. (“Company”). RECITALS A. Company and City are parties to that certain Development Agreement dated February 20, 2017, (the “DA”) concerning the development of land (the “Property”) described on Exhibit “A” to the DA. Company and City are also parties to that certain Minimum Assessment Agreement dated February 20, 2017 (the “MAA”) pertaining to the Property. B. The parties desire to amend the DA and MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Exhibit “A” of the DA and the MAA is stricken therefrom and a new Exhibit “A” as attached to this Amendment is substituted in place thereof. 2. Section 1 of the DA is stricken therefrom in its entirety and a new Section 1 is substituted in its place, as follows: 1. Assembly of Property. Company is purchasing the real property described on Exhibit “A” attached hereto that consists of assessor parcel no. 8913-33-376-012. Company currently owned the real property described on Exhibit “A” that consists of assessor parcel no. 8913-22-351-007. Both of such parcels are collectively referred to herein as the “Property.” Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. 3. Section 6 of the DA is amended to strike “$157,410” therefrom and to substitute “$334,910” in its place as the taxable Property value as of January 1, 2016. Page 85 of 131 2 4. Except as amended herein, the DA and the MAA shall continue unmodified in full force and effect. Terms capitalized in this Amendment but not defined herein shall have the meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth above. BSC PROPERTIES, L.L.C. CITY OF WATERLOO, IOWA By: __________________________ By: __________________________ Brent Dahlstrom, Manager Quentin M. Hart, Mayor By: ___________________________ Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on ________________, 2017 by Brent Dahlstrom as Manager of BSC Properties, L.L.C. __________________________________ Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on _________________, 2017 by Quentin M. Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. __________________________________ Notary Public Page 86 of 131 EXHIBIT A Legal Description of Property Parcel 8913-33-376-012: A PARCEL OF LAND IN THE SE QTR OF THE SW QTR OF SEC 33 T 89 R 13 DESC AS FOL: BEG AT THE INTERSECTION OF THE W LINE OF SAID SE SW WITH THE SELY RIGHT OF WAY LINE OF US HWY 63 TH S 89 DEG 50 MIN 15 SEC E 432.65 FT TH S 1 DEG 40 MIN 30 SEC E 986.4 FT TO A PT ON THE N LINE OF RIDGEWAY AVE TH S 90 DEG 00 MIN W ALONG THE N LINE OF RIDGEWAY AV TO THE W LINE OF SAID SE SW TH N 0 DEG 43 MIN 15 SEC W 985.97 FT TO PT OF BEG. AND Parcel 8913-33-351-007: UNPLATTED WATERLOO WEST THAT PART OF SW 1/4 SW 1/4 SEC 33 T 89 R 13 LYING SELY AND ELY OF US HWY 63 EXC S 50 FT CONVEYED TO CITY OF WATERLOO FOR STREETS & EXC THAT PART DEEDED TO CITY OF WATERLOO B 557 P 80. Page 87 of 131 P a g e 8 8 o f 1 3 1 P a g e 8 9 o f 1 3 1 P a g e 9 0 o f 1 3 1 P a g e 9 1 o f 1 3 1 P a g e 9 2 o f 1 3 1 P a g e 9 3 o f 1 3 1 C ITY OF WATER LOO Council Communication R es o lutio n approving a P ro fes s io nal S ervic es Agreement with HR G reen, I nc . o f C edar R ap id s , Iowa, in the amo unt o f $364,200, in conjunctio n with implementatio n o f the United S tates Environmental P rotectio n Agency C ommunity-wide Brownfields Hazardous S ub s tances Assessment G rant, and authorize the Mayo r to exec ute said agreement. City Council Meeting: 11/13/2017 Prepared: 10/21/2015 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:15 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:20 AM ATTA C H M EN TS : Description Type P rofessional S ervices Agreement C over Memo S UB J E C T: R es o lution approving a P ro fes s io nal S ervic es Agreement with HR G reen, Inc. of C edar R ap id s , Iowa, in the amount o f $364,200, in c o njunc tion with imp lementatio n o f the United S tates Environmental P rotectio n Agenc y C o mmunity-wid e Bro wnfield s Hazardous S ubs tanc es As s es s ment G rant, and authorize the Mayo r to execute s aid agreement. S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n:R es o lution approving the agreement S ummary S tatement: T he C ity of Waterlo o has previo usly utilized s uch grants , fo r the initiatio n, interes t, and help in achieving many projec ts for the C ity o f Waterloo. T his agreement with HR G reen will wo rk to replenis h thes e grants and c o ntinue the tremend o us as s es s ment and potential red evelopment and d evelopment of b ro wnfield s ites thro ughout the c o mmunity. T he C ity has utilized the fund s o n a numb er of s ites in the R ath area, Downto wn Waterloo, along Highway 63, and througho ut the community fo r sus pec ted b ro wnfield sites and enviro nmental c o ntaminants. T his resourc e has wo rked to keep many p ro jects mo ving fo rward, as well as opening up s o me sites for p o tential future d evelo p ment by sho wing the asses s ment as b eing a clean site. T he C ity has many s ites to continue to wo rk with, includ ing areas alo ng the Broadway C orridor, Airline Highway, and s ites in and around Do wntown Waterlo o .T he E S A’s will investigate properties potentially impacted by hazardous substances and petroleum products to determine adverse impacts and potential risks to human health and/or the environment. I f contaminants are present, the city will work with E PA, and the I owa D epartment of Natural R esources to address the issues through programs such as the I owa Land Page 94 of 131 R ecycling program. T he C ity of Waterloo will use its experience in Brownfield reclamation to attract developers to the respective projects. T his includes creating redevelopment plans for the vacant school sites, auto service stations, and other vacant and/or underutilized warehouse sites scattered throughout the targeted area. Exp enditure R equired :$6,800 S ource o f F und s :Mid P ort and Do wntown T I F and bond fund s P olic y Issue:Brownfield c leanup and redevelo p ment Alternative:No t ap p rove Background I nformatio n: C ity of Waterloo was awarded two (2) EPA Brownfield Assessment G rants . O ne grant in the amount of $200,000 is for hazardous material contaminatio n, and the s econd , in the amo unt o f $200,000 is for p etroleum contaminatio n. T he go als o f the As s essment G rants are to invento ry b ro wnfield sites , cond uc t environmental assessments o n priority s ites, c reate remed iation and red evelopment plans for s elected sites , and utilize community invo lvement and input througho ut the p ro cess. T he C ity of Waterloo has been working diligently to clean up many former industrial sites, redevelop vacant sites, many of which may have contained former gasoline stations, or other industrial users that may otherwise keep new development from looking at these sites. T hese types of funds help to avoid sprawl and work towards S mart Growth development. P ro jects that have been aided b y thes e grants inc lude: S ingle S peed Brewery, G rand C ro s s ing, F lea Market redevelo pment, American P attern, C rystal Dis tributio n, S ports p lex, S c hultz Manufac turing, and many mo re. Legal Desc riptio ns :NA Page 95 of 131 P a g e 9 6 o f 1 3 1 P a g e 9 7 o f 1 3 1 P a g e 9 8 o f 1 3 1 P a g e 9 9 o f 1 3 1 P a g e 1 0 0 o f 1 3 1 P a g e 1 0 1 o f 1 3 1 P a g e 1 0 2 o f 1 3 1 P a g e 1 0 3 o f 1 3 1 P a g e 1 0 4 o f 1 3 1 P a g e 1 0 5 o f 1 3 1 P a g e 1 0 6 o f 1 3 1 P a g e 1 0 7 o f 1 3 1 P a g e 1 0 8 o f 1 3 1 C ITY OF WATER LOO Council Communication An O rdinanc e amending O rdinanc e No. 5079, as amend ed , C ity of Waterloo Zo ning O rdinanc e, b y amend ing S ectio n 10-3-1 Definitio n o f Imp o und Yard and R ecycling, Junk or S alvage Yards , and S ec tion 10-27-1(H)(8) S p ecial P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards and o ther mis cellaneo us updates . City Council Meeting: 11/13/2017 Prepared: 11/1/2017 ATTA C H M EN TS : Description Type Ordiance Amendment C over Memo S UB J E C T: Motio n to rec eive, file, c o nsider and p as s fo r the s econd time an O rd inanc e amending O rd inance No . 5079, as amended, C ity o f Waterloo Zo ning O rdinanc e, by amend ing S ec tion 10-3-1 Definition of Impound Yard and R ecycling, Junk o r S alvage Yards, and S ec tio n 10-27-1(H)(8) S pec ial P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards and o ther mis cellaneous up d ates. Motio n to s us p end the rules . Motio n to c o ns ider and p as s for the third time and adopt said o rd inance. S ub mitted by:S ubmitted By: Aric S c hroeder, C ity P lanner R ec o mmended Ac tio n:Ap p ro val of the ordinanc e. S ummary S tatement: S taff is pro p o s ing multiple changes to the C ity o f Waterloo Zo ning O rdinanc e No . 5079 regard ing R ec yc ling, Junk or S alvage Yard s . T he amendment wo uld change add a definition o f Imp o und Yard s the and make changes to how R ec yc ling, Junk and S alvage Yards are regulated , it als o updates the wo rd ing and requirements in the S pec ial P ermit sec tion. T his is a summary of the major changes but d o es not c o ver all c hanges. A c omplete copy of the p ro p o s ed c hanges, sho wing s trike thro ugh o f wo rd ing prop o s ed to b e remo ved and und erlined fo r wo rd ing p ro p o s ed to be ad d ed is als o attached . T he P lanning, P rogramming and Zo ning C o mmis s io n held a hearing o n O c to b er 3rd , 2017 and unanimous ly recommend ed approval o f the propos ed amend ment. T he proposed c hanges are based o n the I-C are p ro gram that is a vo luntary c ertific ation p ro gram created by the Iowa Auto mo tive R ec yclers. At the meeting the only p ers o n to s p eak was S ue S chauls Exec utive Direc tor o f the Iowa Automotive R ecyclers and autho r of the I-C AR E p ro gram who spoke in favor o f the changes with some mino r changes that were inc luded b y the C ommis s io n in their rec o mmendation and have b een inc o rp o rated in the propos ed ordinanc e attac hed. Exp enditure R equired :none S ource o f F und s :n/a Page 109 of 131 P olic y Issue:Zo ning O rd inance Background I nformatio n: In S eptember, 2015 the Waterlo o C ity C ounc il vo ted to p as s a mo ratorium o n the establis hment of any new S alvage Yards within the C ity of Waterloo p ending the ad o p tion of changes to the Zoning O rd inance that covers R ecycling, Junk and S alvage Yard s . T he P lanning and Zoning Department has worked fo r the las t year o n d eveloping an ordinanc e that wo uld enc o urage mo re ec o lo gic ally friendly bus ines s es and encourage the follo wing o f the Iowa Automotive R ecylers I-C are p ro gram. Bo th the F ire and P o lic e Dep artments were no tified o f the p ro p o s ed c hanges to ins ure that the new regulations d id no t conflict with any o f their c o d es . Legal Desc riptio ns :n/a Page 110 of 131 Amendment to the City of Waterloo Zoning Ordinance Ordinance No. ____ Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: _______________ City Council Approval: _______________ Changes and Updates to the City of Waterloo Zoning Ordinance, including: -Section 10-3-1 Update to include definition of Impound Yard and update Recycling, Junk or Sal- vage yards. - Section 10-27-1 (H)(8) Update the regulations for Recycling, Junk or Salvage Yards Page 111 of 131 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 13 3. Individually listed on the State In- ventory of Historic Places; 4. Individually listed on the local in- ventory of historic places. Home Occupation: A home occupation is an accessory use of a dwelling unit, conduct- ed entirely within the dwelling unit, carried on by one or more persons, all of whom r e- side within the dwelling unit and where no persons living outside the home are e m- ployed other than resident and domestic help. The use is clearly incidental and se c- ondary to the use of the dwelling for res i- dence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, con- struction, alterations, or electrical or me chani- cal equipment used shall not change the fire rating of the structure of the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, te l- ephone, or garbage) so that the combined t o- tal use of dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighbo r- hood. When a use is a home occupation, it means that the owner, lessee, or other pe r- sons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without secur- ing special permission to do so. Ho wever, such person shall be subject to all conditions, which are applied in this Ordinance general- ly, such as off-street parking, and to all other permits required under the City code, such as Building Permits and Business Licenses. Hotel: A building containing twenty (20) or more individual sleeping rooms or suites having each a private bathroom attached thereto for the purpose of providing ove r- night lodging facilities to the general public for compensation with or without meals ex- cluding accommodation for employees and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised by a person in charge at all hours. Where a hotel is permitted as principal use, all uses customarily and historically an accessory thereto for the comfort, accommo- dation and entertainment of the patron, in- cluding the service of alcoholic beverages shall be permitted. [Ordinance 3050, 11/1/79] Impound Lot: See Recycling, Junk or Sal- vage Yard. Junk Vehicle, Salvage Vehicle: A motor vehicle or other vehicle, or portion thereof not in running condition or not licensed for the current year as provided by law. No junk ve- hicle shall be kept, stored, or otherwise loca t- ed anywhere except in an enclosed building or in an approved and licensed recycling, junk or salvage yard, except as provided in City Code Section 4-4-7. [Ordinance 5288, 06/15/15] Junk Yard: See Recycling, Junk or Salvage Yard Juvenile Center: See Group Home (Super- vised or Unsupervised) [Ordinance 4554, 6/3/02] Juvenile Detention Center: See Halfway (Rehabilitation) House [Ordinance 4554, 6/3/02] Kennel: Any building or lot on which five (5) or more dogs or five (5) or more cats six (6) months old or older are housed, bred, boarded, trained, groomed or sold. This would allow for up to 4 dogs and up to 4 cats in a residential setting. Kennel, Boarding: A place or establish- ment other than a pound or animal shelter where dogs or cats not owned by the proprie- tor are sheltered, fed and watered in return for a consideration. Lot: For the purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards Page 112 of 131 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 17 Porch, Unenclosed: A roofed projection which has no more than sixty (60) percent of each outside wall area enclosed by a building or siding material other than meshed screens. If said unenclosed porch extends over a r e- quired front or rear setback as provided her e- in then the outside wall shall be a non-solid wall utilizing a spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed, or a solid wall when extending not more than forty-two (42) inches above the floor of the porch. Principal Permitted Use: The main use of land or structures, as distinguished from a secondary or accessory use, or Special Permit use. Protected Uses: Protected uses include a building in which a majority of floor space is used for residential purposes; a property lo- cated within a residentially zoned district; a day care center where such day care center is a principal use; a preschool; an elementary, middle or high school (public, private or p a- rochial); a house of worship; a mission; a pub- lic library; a museum or cultural arts center or facility; a public park; a publicly owned or operated recreation center or athletic facility; a privately operated recreational use; a civ- ic/convention center; a community residen- tial facility; a hospital; a dental, med ical or mental health facility; a building or office op- erated by any governmental entity. However, this definition shall not apply if the protected use is a legal non-conforming use. Whether a given use is a protected use as defined herein shall be determined by the city planner in his reasonable discretion. Public Utility: Public or quasi-public dis- tributing or operating equipment for related services for telephone, cable television, elec- tricity, gas, sewer and water, and other essen- tial commodities or services such as transpo r- tation or communication. This includes pri- vately owned structures and equipment when used to provide an essential commod i- ty or service to the public. Rear Lot Line: Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd-shaped lots the rear lot lines shall be determined by the City Planner or designee. Recreational Vehicle: [Ordinance 4125, 9/11/95] A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection (this provision is for floodplain management purposes only); [Ordinance 5049, 6/20/11] 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as tem- porary living quarters for recrea- tional, camping, travel or seasonal use. Recycling, Junk or Salvage Yard: Any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. M a- terials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being actively restored to running condition, parts of vehi- cles, plastic bottles or containers, rags, paper cardboard, glass and tires. [Ordinance 3864, 6/3/92] This would also include any area where waste, discarded, or salvaged mater i- als are bought, sold, exchanged, baled or packed, disassembled, kept, stored or han- dled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not in- cluding areas where such uses are conducted entirely within a completely enclosed build- ing, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations, and not including Page 113 of 131 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 18 contractors storage yards, and not including rubble fill deposited on property in compli- ance with 4-3B of the Code of Ord inances. For the purpose of this Ordinance, the term “actively restored to running condition” in other than a recycling, junk or salvage yard shall mean if within the last thirty (30) days the owner of the business or premises on which the vehicle is located has spent at least ten (10) hours of labor in the repairing, re- building or reconstruction of the motor vehi- cle. The burden shall be on the owner to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed in the vehicle. This exception for motor vehicles being actively restored shall not extend to vehicles from which parts are being taken to restore another vehicle. Parts being used in the restoration of a motor vehicle must be stored in an e nclosed building while restoration work is not taking place. For the purposes of this Ordinance, the term “recycling yard” shall include a “junk yard”, “salvage yard”, or “auto salvage yard”. Impound yards to which vehicles are taken for temporary or long term storage un- til control of vehicle can be returned to the owner, or the vehicles are recycled or auc- tioned off shall be considered recycling, junk or salvage yards. Regulatory Flood: A flood which is rep- resentative of large floods known to have o c- curred generally in the area and reasonable characteristic of what can be expected to oc- cur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Ordinance are required to be elevated or floodproofed. Restaurants: 1. Drive-In Establishment: An estab- lishment which by design or phys- ical facilities or by service or pack- aging procedures, encourages or permits customers to receive or obtain a product which may be used or consumed in an automo- bile on the premises or to be enter- tained while remaining in an au- tomobile. This term does not in- clude sidewalk or patio cafes where service is provided to tables only. 2. Fast Casual Type: Where custom- ers are normally served at the same table or counter at which items are consumed but customers are served with disposable dishes and cutlery which are expected to be disposed of by the customer. 3. Fast Food Type: Where customers are normally served their food or beverages in disposable containers for consumption on the premises or within a motor vehicle. 4. Standard Type: Where customers are normally provided with an in- dividual menu and are served their food or beverages by a res- taurant employee at the same ta- ble or counter at which said items are consumed. Rooming House: A building where a room or rooms are provided for compens a- tion to three (3) or more persons. Rubble Disposal Site or Rubble Fill Site: The premises where rubble fill is placed, set down or deposited for the purpose of, or which has the result or effect of changing the existing contour or raising the elevation of said land with 25 cubic yards or more of fill. A fill site is also where the owner/operator advertises “fill wanted” regardless of the vol- ume. Temporary above-ground storage dur- Page 114 of 131 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 146 property unless approved by the City Council by encroachment agreement. [Ordinance 4841, 10/16/06] In “C-2” and less restrictive Dis- tricts, signs, overhangs, and marquees at- tached to a building may extend over street right-of-way lines provided the erection of such signs, overhangs, and marquees are con- structed in accordance with the provisions of the building code. G. Existing Unenclosed Porch, New Deck or Unenclosed Porch. 1. An existing unenclosed porch on the front of a dwelling built prior to adop- tion of Ordinance 2479, adopted 02/03/69, may be re-modeled or re- built to an enclosure when projecting no farther than the original open porch. [Ordinance 4656, 11/10/03] [Or- dinance 4855, 2/19/07] 2. A new deck or unenclosed porch ad- dition to a dwelling may be built eight (8) feet or one fourth (1/4) the dis- tance (whichever is greater) into the required front or rear yard setback. This shall only include the required setback as stated in the Bulk Regula- tions Section of the District in which located, and shall not include the av- erage setback required by the Front Yard Section of Chapter 5, General Regulations. Existing dwellings with a front or rear yard setback that is less than the minimum required shall cal- culate one fourth (1/4) the distance of the existing setback, however this shall not prohibit the erection of an eight (8) foot deck or unenclosed porch. This will not be interpreted in any way to authorize any addition over a platted building line, easement, property line or road right-of-way line. This provision shall not allow a deck or unenclosed porch addition within a required side yard setback, except a required side yard along a street frontage on a corner lot. Said addition is defined as a non-enclosed structure and, for decks in the front yard, with a non-solid side wall, if any at all, which cannot be enclosed in the future as an addition to the home. Non-solid wall shall mean a wall or fence utilizing a spindle or board de- sign with openings between boards that are at least the width of the boards. For porches in the front or rear, or decks in the rear, a solid wall may be used if it does not exceed for- ty-two (42) inches in height above the floor of the deck or porch. [Ordinance 4386, 10/18/99] [Ordinance 4656, 11/10/03] H. Special Permit Required. A Special Permit for the location of any of the following buildings or uses in any district permitted by this Ordinance must be ob- tained from the Board of Adjustment [Ordi- nance 3614, 1/9/89] after public hearing there- on: 1. Any public building or use erected or maintained by any department of the city, township, county, state or federal government, excluding parks or rec- reational trails and accessory uses and structures customarily incidental to a park or recreational trail. 2. Public and parochial schools and oth- er educational institutions having an established current curriculum similar to that ordinarily given in Waterloo public schools, and colleges, universi- ties, or institutions of higher educa- tion. 3. Hospitals, excluding animal hospitals, and clinics, excluding clinics in the “R- 4” Multiple Residence District or less restrictive district. 4. Group Homes (Unless located in a "C- 1" or less restrictive district). [Ordi- nance 4554, 6/3/02] 5. Halfway (Rehabilitation) Houses. [Or- dinance 4554, 6/3/02] Page 115 of 131 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 147 6. Community building, institutional or community recreation center or field, commercial and private outdoor rec- reational uses such as baseball fields, swimming pools, skating facilities, golf course or country clubs, minia- ture/goofy golf and driving ranges, Commercial Campgrounds, Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcy- cles, Snowmobiles, or ATV’s, Drive-in Theaters, or similar public or private open air recreational uses and facili- ties, excluding public or private parks or pedestrian recreational trails and accessory uses and structures custom- arily incidental to a park or pedestrian recreational trail. Private non- commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. [Ordinance 5395, 04/10/17] 7. Public or private cemetery or burial ground. (Minimum thirty (30) acres) [Ordinance 5395, 04/10/17] 8. Recycling, Junk or Salvage Yards as defined in this Ordinance provided that they are within the following zon- ing classifications: “M-1” Light Indus- trial District, “M-2” Heavy Industrial District or “M-2,P” Planned Industrial District and meet the following mini- mum requirements: The City of Waterloo in attempt to be more sustainable and encourage more ecologically friendly businesses adopts these salvage yard regulations in part based on the Iowa Recyclers Association’s I-CARE program. a. The yard shall be completely sur- rounded with a fence or wall that is eight (8) feet in uniform height and color. The fence shall be of an opaque material and kept free of any openings such as broken out areas and torn holes. Chain link or heavy wire gates may be used for see through inspection pur- poses for no more than forty (40) feet along each side of the yard having street frontage and at ap- proved points of access to a public street or alley. Chain link or heavy wire fencing that is free from torn areas or openings may be placed along sides of the yard adjoining a flood control levee or other such barrier which would permanently screen the yard from public view. No storage outside of fenced area except for receiving of vehicles that must be moved in 5 business days. b. No off-premise advertising shall be on any wall or fence. The name of the yard and other services of- fered by the yard, if placed on the wall or fence, shall occupy no more than ten (10) percent of the wall or fence. c. The posts, rails or other support- ing elements of the fence shall face the inside of the yard and not be visible from outside the yard. d. Vehicle bodies stacked higher than the wall or fence shall be no higher than two (2) car bodies above the wall or fence when stacked at least fifteen (15) feet from the wall or fence. Car bodies stacked no higher than the fence need not be 15 feet from the fence. All other stacked salvage material shall not be stacked higher than the allowa- ble building height for the District. The Board of Adjustment shall Page 116 of 131 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 148 have the power to grant an excep- tion to these stacking provisions so long as said exception is in a c- cordance with the purpose and in- tent of the Zoning Ordinance. e. All work performed shall be car- ried on within the fenced area or within an enclosed building or structure approved as a part of the salvage operation. f. Contaminating fluids, such as gasoline, oil and grease, are pro- hibited from being discharged on- to the grounAll automotive fluids must be properly removed and managed as part of the disman- tling procedure and/or prior to crushing the vehicles to ensure that no fluids are discharged into the ground. All fluids removed from the vehicles must be stored in containers that are in good con- dition. If containers are in excess of 55 gallons and stored outdoors they must have secondary con- tainment and be properly marked as to what fluids they contain and be properly stored to insure that they do not lead into the ground, sewer systems, drainage pipes, or bodies of water. f.g. No salvage materials shall be placed in the Floodway District. Materials in the Floodway Fringe District (100 year flood district) shall be in accordance with the performance standards of that District. h. New yards established after the adoption of these provisions shall place the required solid wall or fence no closer to any street lot line than the minimum front yard required in the District in which it is located. Within this setback there shall be at least four (4) 2- inch caliper understory trees with- in every 100 feet or part thereof that are maintained in a healthy condition. This does not pertain to expansions of existing yards within the same block and on the same street as the existing yard. All areas devoted to customer and/or employee parking located outside of the fence or wall area must be hard surfaced and on pri- vate property in accordance with the off-street parking Section of the Zoning Ordinance. [Ordinance 3104, 10/6/80] [Ordinance 3233, 8/2/82] [Ordinance 3323, 2/6/84] [Ordinance 3614, 1/9/89] [Ordinance 3864, 6/1/92] i. The Iowa Department of Natural Resources must be notified of any hazardous spill that has the poten- tial to leave the property by run- off, sewers, tile lines, culverts, drains, utility lines, or some other conduit; has the potential to reach a water of the state either surface or groundwater; the substance can be detected in the air at the boundaries of the facilities; there is a potential threat to public health and safety; j. Maintain a Spill Prevention con- trol and Countermeasures plan per EPA regulations. k. All lead-acid and hybrid batteries are properly removed and man- aged as part of the dismantling procedure and/or prior to crush- ing the vehicles. Spent lead-acid batteries are placed either in a covered storage area on an imper- vious surface or in plastic contain- ers with lids. Spent lead-acid bat- teries are recycled through a repu- Page 117 of 131 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 149 table battery recycler. Hybrid bat- teries should be recycled. l. Refrigerant is evacuated from each vehicle in accordance with appli- cable regulations, or contracts for refrigerant removal with a li- censed vendor. Records are main- tained for off-site refrigerant dis- posal/reclamation that includes the amount of refrigerant, the date spent, and the facility that re- ceived the refrigerant. m. Engines and transmissions to be resold are stored under a perma- nent roof on an impervious sur- face, or in an outside covered weather-proof container. Scrap core, engines and transmissions are stored under a permanent roof on an impervious surface, in an outside covered weather-proof container, or an impervious sur- face that drains to an oil-water separator. n. Vehicle hoods are routinely kept closed to reduce exposure to rain fall of engines that remain in the vehicles stored in the yard. o. Spent solvents from the parts cleaning systems are disposed of with an authorized processor. p. Waste water from parts washing is either recycled or collected for disposal in an approved manner, and shall not be discharged to the surface (ground) or any storm wa- ter collection system. q. Waste tires are stored on-site with at least 20 feet of clearance be- tween tire storage areas, the pe- rimeter of the yard and/or struc- tures. No more than 500 exposed non-racked tires and no more than 1,500 tires are kept on-site at any given time. r. Fluorescent bulbs are managed as Universal Waste and properly re- cycled. s. Maintain compliance with City of Waterloo Storm Water regulatory requirements and IDNR storm wa- ter general permit for industrial classification 5015. t. Maintain Iowa DOT recycler’s li- cense, Iowa DOT Used car Deal- er’s license, Sales Tax Permit, and Household Hazardous Material permit (if any are required). u. Any new impound lot must obtain Special Permit approval and meet all regulations as a Recycling, Junk or Salvage Yard. Existing im- pound lots that are not currently licensed as a Recycling Yard under Section 3-10 of the Code of Ordi- nances shall obtain said license by May 1, 2018. v. Must have current licenses, be up to date on any required training and follow all applicable state and federal regulations. w. All recycling facilities within the City of Waterloo are encouraged to be certified under the Iowa Re- cyclers I-CARE program. x. Any new yard must be at least 600 feet from any protected use as de- fined herein. y. Any yard that has failed to renew their Recycling Yard license pro- vided in Section 3-10 of the Code of Ordinances within six months of the deadline will be considered Page 118 of 131 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 150 abandoned and will have to cease operations or go through the Spe- cial Permit process and meet cur- rent regulations. 9. Waste Disposal Site [Ordinance 3263, 3/7/83]. Any such request shall in- clude the submittal of a site plan. The Commission may require any specific criteria to protect the health, safety and welfare of the citizens of Waterloo and vicinity, including, but not lim- ited to the following items: Detailed site plan delineating slope, access, fencing, provisions for erosion (wind and water), leaching, landscap- ing, setbacks and other required pro- visions. Performance Bond to secure the reha- bilitation of the site in accordance with the approved plan. Statement as to what types of wastes will be contained in the site. Review by the Iowa Department of Natural Resources [Ordinance 3614 1/9/89], advising the City of the poten- tial hazards and necessary safeguards. 10. Mobile Home Parks, including facto- ry-built home parks and subdivisions if the structures are not classified as real estate. 11. Rubble Disposal Site, Rubble Fill Site, or clean fill site, except clean fill ap- proved as part of a development plan. A duplicate of the application submit- ted to the Black Hawk County Health Department shall be submitted to the Commission. The application shall contain the signature of landowner, legal description of property, a plot plan showing area to be filled with ex- isting and proposed final elevations. The application shall also include an estimate of the number of cubic yards necessary and length of time estimat- ed to complete filling. [Ordinance 3590, 10/17/88] 12. Adult Businesses/Adult Uses [Ordi- nance 3642, 5/1/89] in accordance with “Adult Businesses/Adult Uses” of Sections 10-3-1, 10-15-1(A)(2), and 10- 27-1(N). 13. Gaming facilities, unless located with- in a Planned District where listed as a Permitted Use. [Ordinance 4735, 10/18/04] 14. One or two-family residential struc- tures when more than one (1) such structure is erected on a single lot in the “R-1” or “R-2” District. [Ordinance 4855, 2/19/07] [Ordinance 4885, 10/15/07] 15. Non-Limited Alcohol Sales Uses, when meeting the following mini- mum requirements: a. Where the business, when operat- ed in conformance with such rea- sonable conditions as may be im- posed by the Board of Adjust- ment, satisfies the following crite- ria: i. The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area. ii. The business uses landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant det- rimental impact upon the ad- joining residential or protected uses. iii. The business will not unduly increase congestion on the streets in the adjoining resi- dential area. Page 119 of 131 C ITY OF WATER LOO Council Communication An O rdinanc e amending the C ity o f Waterlo o C ode o f O rd inances b y ad ding a new Title 5 C hapter 2 S ec tio n 13 F irewo rks. City Council Meeting: 11/13/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice F elchle, K elley Approved 11/8/2017 - 3:49 P M ATTA C H M EN TS : Description Type Ordinance B ackup M aterial S UB J E C T: Motio n to rec eive, file, c o nsider, and p as s fo r the firs t time an o rd inance amending the C ity of Waterlo o C ode o f O rdinanc es by adding a new Title 5, C hapter 2, S ec tion 13-F irewo rks. Motio n to s us p end the rules . Motio n to rec eive, file, c o nsider, and p as s fo r the s econd and third times and ad o p t s aid o rd inance. S ub mitted by:S ubmitted By: Kelley F elchle, C ity C lerk Page 120 of 131 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 4 of each year during the hours of 6:00 p.m. and 10:00 p.m. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from this council for the use of consumer fireworks or display fireworks anywhere in the city on any date when the fireworks display will be handled by a professional operator, as referenced in 9-2C-3 of this code. E. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00). Page 121 of 131 C ITY OF WATER LOO Council Communication Motio n ap p roving C hange O rd er No. 3, for a net inc reas e of $57,446.80, and C hange O rd er No. 4, fo r a net inc reas e of $34,291.32, for the F Y 2017 S treet R econs tructio n P ro gram, C o ntract No. 921, and authorize the Mayo r and C ity C lerk to execute s aid doc uments . City Council Meeting: 11/13/2017 Prepared: 11/7/2017 R EV I EWER S : D epartment R eviewer Action D ate E ngineering T horson, E ric Approved 11/8/2017 - 10:41 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:00 AM ATTA C H M EN TS : Description Type C ont 921_C hange O rder N o. 3 C over Memo C ont 921_C hange O rder N o. 4 C over Memo S ub mitted by:S ubmitted By: Dennis G entz, P E, Assistant C ity Engineer R ec o mmended Ac tio n:Ap p ro ve c hange o rd ers . Background I nformatio n: C hange O rd er No. 3: P lace new p arking lo t after the demo o f 216-222 C ommerc ial S t. and the remo val and replac ement of the pavement markings in the parking lot next to C o mmercial S t./1s t S t. and the parking lo t next to Jeffers o n S t. C hange O rd er No. 4: Work to c omplete the rep lacement o f C N R ailroad crossing imp ro vements o n E. 4th S t. b etween S umner S t. and Dane S t, and o n Nevada S treet b etween Mo nroe S treet and P olk S treet. Page 122 of 131 P a g e 1 2 3 o f 1 3 1 P a g e 1 2 4 o f 1 3 1 P a g e 1 2 5 o f 1 3 1 P a g e 1 2 6 o f 1 3 1 C ITY OF WATER LOO Council Communication Exec utive S es s ion on ac q uisitio n o f property purs uant to Iowa C ode S ection 21.5(1)(j)(2017). City Council Meeting: 11/13/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 3:36 P M S ub mitted by:S ubmitted By: Page 127 of 131 C ITY OF WATER LOO Council Communication Airp o rt Board Meeting Minutes , S ep tember 26, 2017. City Council Meeting: 11/13/2017 Prepared: 11/7/2017 R EV I EWER S : D epartment R eviewer Action D ate Airport H igby, Nancy Approved 11/8/2017 - 12:03 P M C lerk O ffice H igby, Nancy Approved 11/8/2017 - 12:03 P M ATTA C H M EN TS : Description Type Airport B oard M eeting M inutes S eptember 26,2017 C over Memo S UB J E C T:Airp o rt Bo ard Meeting Minutes , S ep temb er 26, 2017. S ub mitted by:S ubmitted By:Keith Kas p ari, Directo r of Aviatio n Page 128 of 131 P a g e 1 2 9 o f 1 3 1 P a g e 1 3 0 o f 1 3 1 P a g e 1 3 1 o f 1 3 1