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Council Packet - 12/11/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, December ll, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one(1) time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (l)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1)issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 259 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Ron Welper, Ward 5 Council Member Agenda, as proposed or amended. Minutes of December 4, 2017, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Jeremy Hinz for tax exemptions on the construction of a new garage valued at$15,000 for a property located at 1306 Fulton Street and located within the Consolidated Urban Revitalization Area (C U RA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of Rebel Saffold Jr. for tax exemptions on the construction of a new garage valued at$25,815 for a property located at 418 Fowler Street and located within the Consolidated Urban Revitalization Area (C U RA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of Home Crest Properties for tax exemptions on the construction of home improvements valued at$4,400 for a property located at 1820 Logan Avenue and located within the Consolidated Urban Revitalization Area (C U RA). Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as January 4, 2018 and date of public hearing as January 8, 2018, for the purchase of one (1) base model midsize AWD SUV Page 2 of 259 for the motor pool. Submitted By: Sandie Greco, Interim Public Works Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. (2) Firefighters Class/Meeting: Arson Investigation School Destination: Ames, IA Dates: March 19-30, Amount not to exceed: $1,400 2018 b. Chief Treloar, Lieutenant Hernandez, and Erica Christiansen, HIPAA Specialist Class/Meeting: ESO WAVE Interactive Conference Destination: Austin, TX Dates: January 31 - Amount not to exceed: $3,600 February 2, 2018 C. Jennifer Sparks, Permit Writer Class/Meeting: ICC Residential Plans Examiner Exam Destination: Coralville, IA Dates: December 13, Amount not to exceed: $199 2017 2. LIQUOR LICENSES a. Kwik Star#380, 506 W. 9th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 11/18/2018 3. Work Session minutes of December 4, 2017. 4. Human Resources Committee minutes of December 4, 2017. 5. Cigarette/Tobacco Permit New Application for United Mart Inc. dba New Star, 315 Fletcher Avenue. PUBLIC HEARINGS 2. FY 2018 Mark's Park Resurfacing Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Director of Leisure Services for review. Submitted by: Travis Nichols, Facilities/Project Manager 3. Sale and conveyance of City owned property located adjacent to 1947 Rainbow Page 3 of 259 Drive, in the amount of$1.00, to LG Companies, LLC, including a Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned property located adjacent to 1947 Rainbow Drive, in the amount of$1.00, to LG Companies, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with LG Companies, LLC to construct one single-family dwelling with an attached garage on property located adjacent to 1947 Rainbow Drive, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Director Community Planning and Development RESOLUTIONS 4. Resolution approving Bus Bench Agreement with The Bench Company and Outdoor Advertising, LLC, providing for the termination of the bus bench program, the removal and maintenance of benches, and providing for payment of$5,000 to the City of Waterloo for bench removal, and authorize the Mayor and City Clerk to execute said document. Submitted By:Aric Schroeder, City Planner 5. Resolution approving the First Amendment to Deed of Dedication for Wagner Road Subdivision, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving a Professional Services Agreement with Kapaun Consulting Engineers of Hudson, Iowa in the amount of$26,655 for the redesign and engineering to replace the HVAC units for the Waste Management Services Administration building, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Steven Hoambrecker, Director, Waste Management Services 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Lodge Construction of Clarksville, Iowa, at a total cost of $157,550.75, in conjunction with the FY 2016 Sherwood Recreation Area, Phase II Improvements. Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services 8. Resolution approving an amendment to a Development Agreement with Taylor Ventures, LLC to amend dates due to new timeline of project, and authorize Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $57,500 in conjunction with the Virden Creek Levee Improvements Project, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE,Associate Engineer Page 4 of 259 10. Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of$750,000 with a $750,000 city match for aesthetic enhancements on the University Avenue Reconstruction Project. Submitted By: Jeff Bales, Associate Engineer ORDINANCES 11. An Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5 Chapter 2 Section 13 Fireworks. Motion to receive, file, consider, and pass for the second 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 consider and pass for the third time and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk 12. An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 3, Electrical Regulations of Title 9, Building Regulations. Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, Electrical Regulations of Title 9, Building Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted By: Greg Ahlhelm, Building Official 13. Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 3 Removal Area, to remove properties from the TIF area. Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located with the newly described Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director 14. Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 4 Expansion Area, to expand the boundaries of the TIF area and include other updates. Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Page 5 of 259 Submitted By: Noel Anderson, Community Planning and Development Director 15. San Marnan Urban Renewal and Redevelopment Plan Amendment No. 3 Removal Area, to remove properties from the TIF area. Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director 16. San Marnan Urban Renewal and Redevelopment Plan Amendment No. 4 Expansion Area, to expand the boundaries of the TIF area and include other updates. Motion to receive, file, consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning and Development Director OTHER COUNCIL BUSINESS 17. Motion to approve Change Order Nos. 1-3 for a total increase of $28,114.54, to Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with the FY 2018 Waterloo Boathouse Enhancements. Submitted By: Travis Nichols, Facilities/Project Manager Leisure Services ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:25 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Building and Grounds Committee, Harold E. Getty Council Chambers 4:50 p.m. Human Resources Committee, Harold E. Getty Council Chambers Page 6 of 259 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Water Works Board of Trustees meeting minutes of November 22, 2017 on file in the Waterloo City Clerk's office. Page 7 of 259 CITY OF WATERLOO Council Communication Ron Welper, Ward 5 Council Member City Council Meeting: 12/11/2017 Prepared: REVIEWERS: D epartment Reviewer Action Date Clerk Office Higby, Nancy Approved 12/4/2017 - 10:26 AM Submitted by: Submitted By: Page 8 of 259 CITY OF WATERLOO Council Communication Minutes of December 4, 2017, Regular Session, as proposed. City Council Meeting: 12/11/2017 Prepared: REVIEWERS: D epartment Reviewer Action Date Clerk Office Higby, Nancy Approved 12/4/2017 - 11:18 AM ATTACHMENTS: Description Type ❑ Minutes of December 4, 2017 Backup Material Submitted by: Submitted By: Page 9 of 259 December 4,2017 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, December 4, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Powers,Lind,Amos,Schmitt,and Welper. Mr.Powers joined via telephone. Prayer or Moment of Silence: Rev.Dr.Duane Lindberg Pledge of Allegiance: Jerome Amos,Ward 4 Council Member 146308- Welper/Schinitt that the Agenda, as proposed,for the Regular Session on Monday, December 4,2017, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146309- Welper/Schmitt that the Minutes,as proposed,for the Regular Session on Monday,November 27,2017,at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Hart read a Proclamation Declaring December 9,2017, as International Human Rights Day Celebration in Waterloo. Youth Art Team Presentation and Update. ORAL PRESENTATIONS Jim Chapman,224 Bertch,commented that he was surprised by the conversation at the council meeting last week regarding the 5 Sullivan Brothers Convention Center and commented on an article in the Courier regarding council members needing to abstain from Mr.Lind's proposed resolution to appoint special council to review the convention center sale. Bill Kammeyer,526 Home Park Blvd.,commented that it is the right of citizens to have dialogue with elected officials and that they should not take personal the comments made by the public. Bruce Kaesser, 106 E.3''d Street,commented that the ADA Committee needs more input on facilities in the city and encouraged residents to contact him with concerns. David Dreyer,3145 W.4th Street,read rule number five from the general rules of public participation and stated that he believes it needs to apply to council as well. Todd Obadahl, 124 Amity Drive,commented that the issue of liable and slander came up last week and council members should not be chastised for asking questions. He stated that a city official stated that an article referenced last week was incorrect and that the city could be engaging in liable or slander by allowing incorrect statements about the article to be made at the meeting. Dwayne Ehilers, 1205 '/z Bishop Street, commented that he owns property at the end of Columbia Street and is tired of trash being dumped at the site. He stated that he went to Code Enforcement and Street Department and asked them why they have not taken care of the site. He explained that Code Enforcement tagged and towed his semi. He further commented that he and his brother have been cleaning and grading the site for years. Mayor and Council Monthly Reports Mr.Morrissey provided an update on his 47th monthly Ward 3 meeting. 146310- Welper/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146311 - Welper/Schmitt Page 10 of 259 December 4,2017 Page 2 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 December 4, 2017, in the amount of$1,273,905.99 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.2017-982. 2. Resolution approving the 2018 Budget of the Waterloo Water Works, and authorizing the City Cleric to file said documents with the Black Hawk County Auditor. Resolution adopted and upon approval by Mayor assigned No. 2017-983. 3. Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as December 14,2017 and date of public hearing as December 18, 2017, for the purchase of one(1)four-wheel drive compact pick-up truck,with crew cab,for Code Enforcement. Resolution adopted and upon approval by Mayor assigned No.2017-984. b. Motion to approve the following: 1 Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Chris Charley, instructor 2 Class Ames,IA Dec. 12-14, $571.31 Lt./Training Officer, 2017 Mike Schipper,Fire Engineer and(1) Firefighter b. Pat Treloar and Troy Deliver Fire Truck to Weyauwega, Dec. 8, $200 Luck repair center. WI 2017 2. Approved Beer,Liquor,and Wine Applications Name&Address of New or Expiration Includes Business Class Renewal Date Sunda a. ALDI,Inc.#33, 1918 B Wine/C Beer Renewal 11/3/2018 x Schukei Rd. b. Carlos O'Kelly's,2060 C Liquor Renewal 12/30/2018 x Sovia Drive w/Outdoor Service /Catering c. Casey's General Store B Native Wine/C Renewal 12/27/2018 x 42866,51 E.Tower Park Beer Drive d. Casey's General Store# B Native Wine/C Renewal 12/27/2018 x 2867,2424 Ranchero Road Beer e. La Michuacana Restaurant, B Beer Renewal 11/11/2018 x 1221 Franklin Street £ Sky,501 Sycamore Street C Liquor Renewal 12/14/2017 X Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146312- Schmitt/Welper Page 11 of 259 December 4,2017 Page 3 that proof of publication of notice of public hearing on the purchase of one (1) 2012 John Deere 7330 utility tractor with mower attachments.,as published in the Waterloo Courier on November 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. David Dreyer, 3145 W. 4th Street, questioned the trade in value for the vehicle being taken out of service. Paul Huting,Leisure Services Director,explained that he believes that the trade in is adequate. 146313- Schmitt/Welper that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146314- Schmitt/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.2017-985. 146315- Schmitt/Welper that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-986. 146316- Schmitt/Welper Motion to receive and file and instruct City Clerk to read bids. Estimate: $160,000 after Trade-In Trade In Value on used Bidder Bid Amount 2003 John Deere 6420 Tractor A-/Mower Attachments P&K Midwest $181,443 $28,000 Waterloo,IA Voice vote-Ayes: Seven. Motion carried. 146317- Schmitt/Welper that"Resolution awarding bid to P&K Midwest of Waterloo,Iowa for the purchase of one(1)2012 John Deere 7330 utility tractor with mower attachments, in the amount of$181,443", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mayor Hart clarified the bid amount and trade in value. Resolution adopted and upon approval by Mayor assigned No.2017-987. RESOLUTIONS 146318- Welper/Morrissey that"approving Completion of Project and Recommendation of Acceptance of Work performed by Peters Construction Corporation of Waterloo, Iowa, at a total cost of$170,260.68, in conjunction with the 2017 Riverfront Stadium Flood Repair Project", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Page 12 of 259 December 4,2017 Page 4 Resolution adopted and upon approval by Mayor assigned No.2017-988. 146319- Welper/Morrissey that "Resolution accepting the Office of Healthy Homes and Lead Hazard Control Grant in the amount of$2,895,893.24, and authorize the Mayor to execute said documents", be adopted. Roll- call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-989. 146320- Welper/Morrissey that"Resolution approving an Amendment to the Development Agreement with Matthias Properties, LLC and the City of Waterloo,to address a boundary line adjustment for additional non-city owned land and screening requirements, 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.2017-990. 146321 - Amos/Welper that"Resolution approving electronic submission of an amended Tax Increment Finance(TIF)report to the State of Iowa for Fiscal Year 2017",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-991. 146322- Amos/Welper that "Resolution approving support of the proposal to bifurcate budget authority from Bill's Community Homes for transfer to Exceptional Persons, Inc. for the property listed at 88 Eldene Court,Evansdale,Iowa",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-992. 146323- Lind/Schmitt that "Resolution approving appointment of special counsel to review the development agreements with LK Waterloo,LLC for properties located at 200 W.4th Street(Convention Center)and 205 W. 4th Street (Ramada Hotel)", be adopted. Roll-call vote-Ayes: Two. Nays: Four (Morrissey, Powers,Amos,Welper). Abstain:One(Jacobs). Motion failed. Edwin Leslie, LK Waterloo, LLC, commented that the council has had months to investigate the development agreements and explained the advertisement he placed on Facebook. Bill Kammeyer, 526 Home Park Blvd., commented that the council should support the resolution and believes that the process to review the Development Agreements have not been an open to the public. David Dreyer, 3145 W.4th Street,commented that several documents were asked for by council and never provided to council, including a commitment letter from Hotel RL, and believes that council including city staff need to have access to documents. Jim Chapman, 224 Bertch, commented that he does not believe anyone is accusing Mr. Leslie of buying votes and that comments like that were in the newspaper. Todd Obadal, 124 Amity Drive, commented that Mr. Leslie was allowed to address a councilmember directly, which is a violation of the Rules for Public Participation. He further commented that the city violated Iowa Code Section 403.8. Mayor Hart questioned if the Development Agreement protects the city's interest. Noel Anderson, Community Planning and Development Director, provided an overview of the provisions of the Development Agreements. Page 13 of 259 December 4,2017 Page 5 Mr. Schmitt questioned the start date of the agreements. Noel Anderson explained the start date is his acquisition of the project or approval of the Development Agreement,whichever occurs last. Mr. Schmitt questioned who has title to the property. Noel Anderson stated that the city current holds title. Mr. Schmitt questioned who is liable for work being done inside the building. Noel Anderson explained the indemnity clause in the Early Access Agreement. Mr. Schmitt questioned the legality of Mr. Leslie advertising in conjunction with the hotel and convention center,while the properties are still owned by the City. Noel Anderson explained that Mr.Leslie is the manager of the property. Mr. Schmitt questioned if being a manager allows him to advertise. Noel Anderson explained that he did not have the Management Agreement with him,but believes it allows management to advertise. Edwin Leslie clarified the advertising took place on his Facebook page. Mayor Hart read Iowa Code Section 68A.404 regarding independent expenditure for elections. Noel Anderson continued to provide an overview of the provisions of the Development Agreements. Mayor Hart questioned if these items were included in the Development Agreements and if a presentation was given to council. Noel Anderson confirmed. Mayor Hart questioned what would happen if provisions are violated. Noel Anderson explained the agreements have repercussions. Mayor Hart questioned if a review board is in place. Noel Anderson explained the review board. Mayor Hart requested Mr.Leslie explain a four diamond standard. Edwin Leslie explained the diamond rating system for the hospitality industry and commented that the service they are providing now is already exceeding customer expectations. Mr. Schmitt questioned if commitment letters were ever provided for Hotel RL. Edwin Leslie explained that a commitment letter was provided for Hotel RL and explained the change to a Wyndham Hotel group. He further provided an update on title questions he is working through with city staff. Resolution adopted and upon approval by Mayor assigned No.2017-993. ORDINANCES 146324- Morrissey/Welper that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5 Chapter 2 Section 13 Fireworks", be received, placed on file, considered and passed for the first time. Roll-call vote-Ayes: Four. Nays: Three(Lind,Amos,Schmitt). Motion carried. Page 14 of 259 December 4,2017 Page 6 Kelley Felchle, City Clerk, explained that the proposed ordinance reflects last week's discussion for a complete ban for December and next July, and suggested any additional changes be made prior to approving the first reading of the ordinance. Dan Trelka, Chief of Police, explained that the ordinance is not supported by the Police Department as it is difficult to enforce. Pat Treloar, Fire Chief, explained that a shorter period would be ideal for usage and that the department would support a ban as well. He further commented that Cedar Falls has banned fireworks completely. Mr. Schmitt questioned what legislature plans to do if all the cities approve a ban. Mayor Hart commented that he has not heard discussion regarding further changes. Mr. Schmitt questioned what people with PTSD and animals do in other states to handle fireworks and further commented that two days of usage would be ideal. He also commented that he would like to see the new council vote on summer usage. Mr.Jacobs commented that the city did not create the problem,does not have the funds to police the problem,and that he believes it would be easier to police a ban on fireworks. Mr. Morrissey commented that he contacted several cities to obtain copies of their ordinances and provided an overview of those cities. He further stated that he would like to make motions to amend the ordinance. David Dreyer, 3145 W. 4th Street, questioned if a neighborhood association could fill out an application to display fireworks. Bruce Kaesser, 106 E. 3rd Street, commented that he is in favor of allowing citizens to shoot off fireworks. 146325- Morrissey/Jacobs Motion to amend Section B, by eliminating the words first class and display, in favor consumer, to amend Section E to read M-1 light industrial district, M-2 heavy industrial district, and M-2P planned industrial district as defined by Waterloo City Zoning Ordinance No. 5079, and to amend Section E by adding the sentence at the end of the section stating the following, "Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit,as referenced in section 9-2C-4 of this code. Roll call vote-Ayes:Five. Nays: Two(Lind and Schmitt). Mayor Hart stepped out at 7:04 p.m. Mr.Jacobs requested an overview of the classes of fireworks. Mayor Hart returned at 7:06 p.m. Dave Zellhoefer,City Attorney,explained the different classes of fireworks and commented that Mr. Morrissey's amendment should more clearly state it is the use of fireworks, not the possession, that is banned. Mr.Jacobs clarified that we are allowing novelty fireworks. Mr. Welper commented that regardless of the action council takes people would still use fireworks. He further stated that he supports Mr.Morrissey's amendment. Mr. Amos commented that he cannot support a total ban on fireworks as many of the people he has talked to do not support the ban. Page 15 of 259 December 4,2017 Page 7 Mr. Morrissey commented that the motion to amend has to do with section B and E but does not change the total ban. He further pointed to the new state law that allows money to be available for education. Pat Treloar explained that at the Fire Chief conference they learned that the state did not put funds into the account he is referencing. Mr.Morrissey questioned how money would be put in the fund. Pat Treloar commented that the legislature would have to put money in the fund. Mr. Schmitt commented that the bill was supported by both parties in the legislature and that citizens of Iowa support fireworks usage. 146326- Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Three. Nays: Four (Jacobs, Lind, Amos, and Schmitt). Motion failed. 146327- Schmitt/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located with the newly described Northeast Industrial Area Urban Renewal and Redevelopment Plan Area,in the City of Waterloo,County of Black Hawk, State of Iowa,by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be received, placed on file, considered and passed for the second time. Roll-call vote-Ayes: Six. Nays: One (Lind). Motion carried. David Dreyer, 3145 W. 4u' Street, questioned if this is for vacant land and the city's ability to pay debt obligations. Noel Anderson explained the action and that the city pays property taxes on leased land. Todd Obadal, 124 Amity Drive, questioned if it is a conflict of interest for council members to vote if they own land in or work on property located in the TIF Districts. Noel Anderson commented that the VGM site is not located in the action. Forest Dillavou, 1725 Huntington Road, stated that he objects to extending the duration of TIF Districts. Noel Anderson explained that a debt service levy breakout exists and noted that monies are going to debt service levy,schools,and county. John Sherbon, 1715 Robin Road, explained that the cost of doing business at the banks is going up and questioned why the city would want to extend the life of the debt past 20 years. He further questioned when bonds would be paid back. Mr. Schmitt questioned adding a percentage cut to the TIF districts. Noel Anderson explained that it can be evaluated on an annual basis and the need to continue developing infrastructure at each site must be factored in when considering releasing funds. Mr. Schmitt questioned the ideal time of year to have the conversation. Noel Anderson stated that during the CIP process is the ideal time. Mr.Jacobs questioned if another model exists for financing projects in the community. Page 16 of 259 December 4,2017 Page 8 Noel Anderson explained that TIF is the common tool used by other cities in the State of Iowa and other states. He further stated that the other way would be to absorb debt in the general fund. Jim Chapman, 224 Berteh, questioned if the city is using any outside businesses to help bring businesses to Waterloo. Noel Anderson explained that the city has a lot of interest in the industrial parks and the city has a contract with Buxton Corporation to spur retail development. Jim Chapman questioned if employees are calling businesses as well. Noel Anderson explained that Adrienne Miller is on staff to work on economic development and that the city partners with Greater Cedar Valley Chamber and Alliance to bring businesses to town. Don Share, 1415 Downing Avenue,questioned why the action needs to take place today. Noel Anderson explained the action and future projects. 146328- Sclunitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Two. Nays: (Jacobs, Powers, Lind,Amos, and Schmitt). Motion failed. 146329- Amos/Morrissey that "an Ordinance providing that general property taxes levied and collected each year on all property located with the newly described Northeast Industrial Area Urban Renewal and Redevelopment Plan Area,in the City of Waterloo,County of Black Hawk, State of Iowa,by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be received, placed on file, considered and passed for the second time. Roll-call vote-Ayes: Six. Nays: (Lind). Motion carried. 146330- Amos/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: One. Nays: Six (Jacobs, Morrissey, Powers, Lind, Amos, Schmitt). Motion failed. Mayor Hart left the meeting at 7:39 p.m. Mayor Pro Tem Welper presiding. 146331- Morrissey/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Martian Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts,be paid to a special fund for payment of principal and interest on loans,monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be received,placed on file, considered and passed for the second time. Roll-call vote-Ayes: Six. Nays: One(Lind). Motion carried. Todd Obadal, 124 Amity Drive, questioned if a conflict of interest exists for council members to vote on the ordinance. 146332- Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Two. Nays: Four(Jacobs,Powers,Lind, Amos, Schmitt). Motion failed. Page 17 of 259 December 4,2017 Page 9 146333- Schmitt/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded San Martian Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa,by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts,be paid to a special fund for payment of principal and interest on loans,monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project",be received,placed on file, considered and passed for the second time. Mr.Lind questioned the attachment and believes this is the item Todd Obadal is referring to. Noel Anderson commented this item does have an incorrect map under Attachment B, but the correct map is shown later under Attachment A. He further commented the item should be tabled to allow time to confirm the legal description. 146334- Jacobs/Lind to table one week. Voice vote:Ayes-seven. Motion carried. OTHER COUNCIL BUSINESS 146335- Amos/Morrissey that approving Change Order No. 1 from ECCO Midwest, Inc., for an increase of $2,950, for additional asbestos removal for property located at 1100 Grant Avenue, for a final contract amount of$9,450,be received,placed on file and approved. Roll call vote-Ayes: Seven. Motion carried. 146336- Arnos/Morrissey that renewal application for Class C Liquor License w/Sunday Sales for Trucker Bar, 1915 BOUrland Avenue,Expiration 12/12/2018,be received,placed on file and approved. (Staff recommends denial) Roll call vote-Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper). Motion failed. Mr. Schmitt requested clarification on voting on the item. Dan Trelka explained that the bar has been deemed a chronic nuisance in the past, was able to remove the designation, and has again been labeled a chronic nuisance. He further explained that no other bar is a chronic nuisance. Mr.Welper,Mayor Pro Tem,questioned if the state would support the decision to deny the renewal. Dan Trelka commented it should be denied. Mr. Schmitt questioned if this bar should even be allowed in a residential zone. Mr.Powers requested clarification on the vote since staff has recommended denial. 146337- Powers/Morrissey To amend by denying for 12 months. Mr.Welper questioned the intent of his motion. Mr.Powers commented that he wants to remove their license for one year. Mr.Amos commented that when reviewing the item,it was suggested the license be suspended for a year. Mr.Morrissey confirmed. Page 18 of 259 December 4,2017 Page 10 Mr. Amos commented that they would have to wait one year anyway and therefore the motion is redundant. Mr. Powers commented that he wants to follow Iowa Code Section 123.39 which allows cities to allow the denial for one full year. Mr.Morrissey requested clarification from the City Attorney. Dave Zellhoefer explained that it does go beyond the scope of the original staff request and would like the council to approve the motion as originally proposed and allow them a hearing if so desired. Mr. Schmitt questioned if the denial applies to the owners or the facility. Dave Zellhoefer stated that he believes that the license is for the individual. Dan Trelka commented that the chronic nuisance property ordinance applies to the property not the owner. Mr. Morrissey questioned why there would be a problem revoking the renewal through 12/12/2018, which is already listed on the application for renewal. Dave Zellhoefer explained that they would have to file a mandamus action to appeal the decision of the council. He further commented that the city council has put them on notice of what is on the agenda now and does not feel comfortable making a motion to make a harsher decision than what was noticed. Mr.Powers and Mr.Morrissey withdrew the motion. Mr.Morrissey requested a separate roll call vote on the two items. ADJOURNMENT 146338- Morrissey/Amos that the Council adjourn at 8:01 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 19 of 259 CITY OF WATERLOO Council Communication Resolution approving the request of Jeremy Hinz for tax exemptions on the construction of a new garage valued at$15,000 for aproperty located at 1306 Fulton Street and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 12/11/2017 Prepared: 12/4/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Arie Approved 12/6/2017 - 11:06 AM Clerk Office Higby, Nancy Approved 12/6/2017 - 12:27 PM ATTACHMENTS: Description Type D CURA 1306 Fulton Street Cover Memo Resolution approving the request of Jeremy Hinz for tax exemptions on the SUBJECT: construction of a new garage valued at$15,000 for a property located at 1306 Fulton Street and located within the Consolidated Urban Revitalization Area(CURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Resolution approving CURA application from Jeremy Hinz for the Recommended Action: construction of a new garage located at 1306 Fulton Street., Waterloo, Iowa 50707, Valued at$15,000.00 and authorize the Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed Summary Statement: this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. Expenditure Required: N/A Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(C URA). Alternative: N/A Background Information: N/A Page 20 of 259 Legal Descriptions: Maywood Third Addition 111.58 FT of Lot 59 Page 21 of 259 i For Office Use Only p Date Received: Received by: ++ Staff to make a copy or a p scant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR.IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BYTHE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CUBA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: I. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.) 3. This application must be filed with City prior to the 1st working day of Febrggii following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: _�e C dy, , SIGNATURE: R ADDRESS: 13 Q(o .f14. TELEPHONE: I Y I -~95 5-0DATE: L4—) A. What is the Address of the property being improved? 1 2�0(p �cA 1�f1 S What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse)? Mar mot i IbM A=T_ 111955 FT uFt. �3 B. Indicate desired exemption schedule:(1 or 2) I. One Hundred Percent(100%)exemption for three years on the actual value added by improvements, 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Inspections Department Information: Permit Number: 1 1 " SSS Date permit was issued: f Total permit(s)valuation: f o E, What was the cost of the improvement? 115, 6o0 , uc� F. Estimated or actual date of completion of these improvements? p _ G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes V_Na Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 22 of 259 CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 23 of 259 .- t yyyy M w � F�•. "' �'"irk�a^ x� �,f• \�� ,r� � �±' .a s'�"` ���`F�ti,'$." � �.. - �: � ' P r r '� Y• [] bM 4 r� 4.1 Yul �r � '•�""�: _„-...• _ r• `+ r,, h •-�.—fit' Y '�� , 41, , 17' r 50 �11 40, It r _ - t wra .. .. ` r r, r e' ^ r : - -- - - i +Rl CITY OF WATERLOO Council Communication Resolution approving the request of Rebel Saffold Jr. for tax exemptions on the construction of a new garage valued at$25,815 for aproperty located at 418 Fowler Street and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 12/11/2017 Prepared: 12/4/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/6/2017 - 11:07 AM Clerk Office Higby, Nancy Approved 12/6/2017 - 12:27 PM ATTACHMENTS: Description Type D CURA 418 Fowler St. Application Cover Memo Resolution approving the request of Rebel Saffold Jr. for tax exemptions on SUBJECT: the construction of a new garage valued at$25,815 for a property located at 418 Fowler Street and located within the Consolidated Urban Revitalization Area(CURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Resolution approving CURA application from Rebel Saffold Jr. for the Recommended Action: construction of a new garage located at 418 Fowler Street, Waterloo, Iowa 50703, Valued at$25,815.00 and authorize the Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed Summary Statement: this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. Expenditure Required: N/A Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(C URA). Alternative: N/A Background Information: N/A Page 25 of 259 Legal Descriptions: LANE AND FOWLERS ADDITION ALL LOT I BLK 7 EXC S 40 FT E 35 FT E 20 FT LOT 2 BLK 7 Page 26 of 259 For Office Use�Onnlly Date Received: 1 -R' o Received by: Staff to make a copy fes'applic`a'nt CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial properly if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.) 3. This application must be filed with City prior to the 1"working day of Februga following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ,6B, 1, �RFfOLQ dl6 SIGNATURE: e4=1Q ADDRESS: /eST: / TELEPHONE:. DATE: A. What is the Address of the property being improved? What is the Legal Description of the property?(May be available at County Recorder's Office on 2°d floor of the Courthouse)? 'i= s r E aV FI (D` �D- B. Indicate desired exemption schedule:(1 or 2) 1. _One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? l� 2,(JC% A 9n'1/�J or D. City of Waterloo Building and Inspections Department Information: Permit Number: 2011-000 ISY1 1 Date permit was issued: fl -14-M-7 Total permit(s)valuation: E. What was the cost of the improvement? 7- F. Estimated or actual date of completion of these improvements? aZ��/17 G. If this is not a singe-family dwelling nit,which you own and reside in,will these improvements create a displacement of your tenants? Yes -_No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 27 of 259 CITY Of'WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 28 of 259 p;, iia � 4`' �6 { �'• ..�a� �. k �I.. .,4-5 f� I� log ot I ra. .. a p � q z. , S ■`If r - , F ff •. _ ... 'lel •, f' � fiC d h h � z ' - p d a a e � y .00 p -�°� — �.. B .,v ; l p 1 -, r45 r �... • ::4t � •,.�^.ca _., IRf'r. rSi =rx. � � �� a,� � .A, r^�J•1. '4C' } ro � .womb" M , , a� Arekrr,� S „ p: ems. _ r� w ' �� '' G r�r "5 /h - ' °✓ a, � til' �� �4 _A 1~* / 100 200 there 'Us:- ,.. .' --i CITY OF WATERLOO Council Communication Resolution approving the request of Home Crest Properties for tax exemptions on the construction of home improvements valued at $4,400 for a property located at 1820 Logan Avenue and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 12/11/2017 Prepared: 12/4/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Arie Approved 12/6/2017 - 11:06 AM Clerk Office Higby, Nancy Approved 12/6/2017 - 12:27 PM ATTACHMENTS: Description Type D CURA 1820 Logan Ave. Cover Memo Resolution approving the request of Home Crest Properties for tax SUBJECT: exemptions on the construction of home i=rovements valued at$4;400 for a property located at 1820 Logan Avenue and located within the Consolidated Urban Revitalization Area(C URAL Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Resolution approving CURA application from Home Crest Properties for Recommended Action: the construction of home improvements located at 1820 Logan Ave., Waterloo, Iowa 50703, Valued at$4,400.00 and authorize the Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed Summary Statement: this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. Expenditure Required: N/A Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(C URA). Alternative: N/A Background Information: N/A Page 30 of 259 Legal Descriptions: North Waterloo Place Lot 8 Blk 1 Page 31 of 259 For Office Use Only Date Received: !// /7 Received by: Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(LURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.) 3. This application must be filed with City prior to the 151 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiting more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for our application to be submitted to the City Council. NAME: ! ('Co PS t b tr-S SIGNATURE: ADDRESS: O yl J P• / I TELEPHONE: — DATE: A. What is the Address of the property being improved? Wha is the Legal Descr i tion of the pr perry?( be available at County Recorder's Office on 2°4 floor of the Courthouse)? 00 B. Indicate desired exemption schedule:(I or 2) 1. < One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year---------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year-------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Inspections Department Information: lbR-,2017, ooca SZ q Ko� Permit Number: Date permit was issued: S 1 a.- Total permit(s)valuation: "ts yam' o1 E. What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? G. If this is not a singe-family dwelling ltit which you own and reside in,will these improvements create a displacement of your tenants? Yes _No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 32 of 259 CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 33 of 259 I am , C!71 man � E Donald Street tj M g- io06 c, 0 .r , 1820 Logan Avenue ti D - _Aa O c CDD CD Vp -. 5w, MOW K.. E,DaleStreet � a9 JR N f B pd BI 'kH kC ry '7a TI pd p ey I lily eYb e''—d or 1011d by BI k H wk C ry h el k H vk C oA BI ply _ Td CfY fW t A akese o renfY ,—r In pld ' e h p y d p 9ytl d bI Yf d 50 100 200 h ed o Itl c y,, ddd tl,et.lo dat the kH e eryA °feet mplete Fee CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as January 4, 2018 and date of public hearing as January 8, 2018, for the purchase of one (1)base model midsize AWD SUV for the motor pool. City Council Meeting: 12/11/2017 Prepared: 12/5/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 12/6/2017 - 10:32 AM ATTACHMENTS: Description Type ❑ Specifications Cover Memo Resolution approving 12reliminaryspecifications, bid document, form of SUBJECT: contract, etc. and setting date of bid opening as Januar,y4. 2018 and date of public hearing as January8, 2018, for the purchase of one(1)base model midsize AWD S UV for the motor pool. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: The SUV will be a replacement for a motor pool vehicle that is being taken out of service for out of town travel. Expenditure Required: Estimate $26,000 Source of Funds: GO Bond Funding 416-18-7950-2117 Background Information: A rotation of Motor Pool vehicles are replaced according to mileage for out of town travel by all departments. Page 35 of 259 SPECIFICATION—2018 BASE MODEL MIDSIZED ALL WHEEL DRIVE SUV Does Not Meets Comments r Minimum Specification Meet Spec Spec 1 4 cylinder turbo charged or 6 cylinder gasoline engine r52 6-9 Speed Automatic Transmission ` 3 AM/FM radio with Bluetooth hands free calling 4 All Wheel Drive 4-Wheel antilock disk brakes front and rear w/ABS 6 Tilt Steering 7 Cruise Control 8 Power Windows 9 Power Door Locks 10 Power Mirrors 12 Front bucket seats with center console or armrest; rear split bench w/cloth upholstery li ii f: 13 Front Air Bags 14 Interior Carpet with like color Mats 15 Standard aluminum wheels 16 Front License Plate 17 Air Conditioning 18 Exterior: White 19 interior: Charcoal 20 2 Key Sets with Fobs 24 Delivery to 625 Glenwood Street,Waterloo, Iowa 50703 E i i' Page 36 of 259 CITY OF WATERLOO Council Communication Work Session minutes of December 4, 2017. City Council Meeting: 12/11/2017 Prepared: 12/8/2017 REVIEWERS: D epartment Reviewer Action Date Clerk Office Felchle, Kelley Approved 12/8/2017 - 3:59 PM ATTACHMENTS: Description Type D Work Session Minutes of December 4, 2017 Backup Material SUBJECT: Work Session minutes of December 4, 2017. Page 37 of 259 COUNCIL WORK SESSION December 4,2017 4:50 p.m. Harold E.Getty Council Chambers Members present: Morrissey,Powers,Amos, Schmitt,and Welper. Mr.Powers participated via telephone. Absent:Jacobs and Lind. Moved by Schmitt seconded by Amos that the Agenda, as proposed, be approved. Voice vote- Ayes:Five. Motion carried. Objective: Changes to Electrical Ordinance. Noel Anderson, Community Planning and Development Director, explained that the changes to the ordinance primarily effect dates and times and are relatively minor changes to keep up with industry standards. Mr.Morrissey questioned if the council needs to do any further review of the ordinance. Noel Anderson explained it is standard practice to provide an overview of the changes and no action is needed from council. With no further business before the Council, it was moved by Morrissey seconded by Schmitt that the meeting be adjourned at 4:56 p.m. Voice-vote Ayes:Five. Motion carried. Kelley Felchle City Clerk Page 38 of 259 CITY OF WATERLOO Council Communication Human Resources Committee minutes of December 4, 2017. City Council Meeting: 12/11/2017 Prepared: 12/8/2017 REVIEWERS: D epartment Reviewer Action Date Clerk Office Felchle, Kelley Approved 12/8/2017 - 4:00 PM ATTACHMENTS: Description Type Human Resources Committee minutes of December 4, Backup Material 2017 SUBJECT: Human Resources Committee minutes of December 4. 2017. Page 39 of 259 HUMAN RESOURCES COMMITTEE December 4,2017 5:00 p.m. Harold E.Getty Council Chambers Members present: Chairperson Welper, Morrissey, Powers, Amos, and Schmitt. Mr. Powers participated via telephone. Mr.Jacobs arrived at 5:13 p.m.Absent: Lind. Moved by Schmitt, seconded by Amos that the Agenda, as proposed, be approved. Voice-vote Ayes: Five. Motion carried. Moved by Amos, seconded by Powers that request from the Police Chief for authorization to appoint one (1) Police Officer recruits from the current Civil Service list, be approved. Voice- vote Ayes: Five. Motion carried. Mr. Schmitt requested an overview of the item. Dan Trelka,Chief of Police,explained that the vacancy is due to a retirement. Moved by Morrissey, seconded by Amos that the request the Police Chief for authorization to start the Civil Service process to fill the position of Property Evidence Coordinator and permission to appoint an individual from this list,be approved. Voice-vote Ayes: Six. Motion carried. Moved by Morrissey, seconded by Amos to add the following sentence, "Should the current Property Evidence Technician be promoted to the Property Evidence Coordinator position, it is authorized to start the civil service process to fill the Property Evidence Technician position with permission to appoint a qualified person from that list." Michelle Weidner, Chief Financial Officer, commented that since the Property Evidence Technician position has not yet gone through the internal committee,and no paperwork has been provided,it would not be appropriate to start the process. Dan Trelka commented that it is the council's prerogative and council has the authority to move forward in any fashion they choose. Mr. Welper questioned if there is a civil service list started for the Property Evidence Coordinator position. Dan Trelka explained that there is not currently a list,but that he would like to start the process as soon as possible and begin interviewing candidates. Mr. Schmitt questioned if the positions are anything that have been looked at as a model from Black Hawk County and Cedar Falls. Dan Trelka explained that he has explored combining the positions with Black Hawk County and Cedar Falls and they are not interested. Mr. Schmitt commented that the process of one position triggering the other does not make logical sense. Lance Dunn, Human Resources Director, explained the process for approving positions and noted that the committee could vote to approve circumventing the process. Mr. Schmitt questioned if this motion would circumvent the current process. Lance Dunn explained the hiring process and confirmed that the motion would circumvent the process. Mr.Morrissey explained his reason for making the motion. Page 40 of 259 October 5,2009 Page 2 Mr.Amos commented that he is hearing that approving the motion would circumvent the current process and questioned the long term effect this will have on the current process. Mr. Welper questioned if Mr. Morrissey's motion is just for this single event or a change in the future process. Mr.Morrissey explained it is just for this particular position. Mr.Amos questioned the harm of circumventing the process. Lance Dunn explained that ultimately it is a matter of whether or not council would like to be inconsistent with following the hiring process. Mr.Welper questioned if this would create a precedent. Lance Dunn explained that it could set a precedent. Dan Trelka commented that he believes the hiring process is cumbersome. Mr. Schmitt questioned why the process is not being followed. Dan Trelka explained that the process has been followed for the Property Evidence Coordinator position however if the normal process is followed for the Property Evidence Technician position,it would probably not come before this committee until February. Mr. Morrissey commented that if the Coordinator position is not filled right away, there is a potential of losing criminal cases due to the backlog. Mr.Welper questioned if a timeline has been set to address the Technician position if the current Technician is promoted to the Coordinator position. Lance Dunn commented that he has not seen paperwork on the second position and the retirement date for the retiring employee is December 31. Mr. Schmitt commented that he is not in favor of circumventing the hiring process. Mr. Morrissey commented that a phrase could be added to the motion that would state that this does not set a precedent. Mr.Welper updated Mr.Jacobs on the motion on the table. Mr. Schmitt questioned how it would be possible for the employee to take vacation prior to retirement. Dan Trelka explained that the paperwork for the Coordinator position was submitted in August after learning of the employee's plan to retire. The City was faced with a decision as to whether to let him take his earned time off,or give him a huge pay out when he retires. Mr. Schmitt commented that in essence,the City now has to pay the equivalent of three people to get the work done. Dan Trelka explained that is not the case,as a civil service list would still need to be established for the Technician position,which will take at least 4 weeks. Mr. Amos commented that he is hearing that by allowing the cases to build up, there is the potential to harm cases going through the court system. Dan Trelka confirmed and explained that the city is paying time overtime to the employee that is currently covering both positions. Page 41 of 259 October 5,2009 Page 3 Mr. Welper questioned if the position could be included in the Personnel Requisition meeting tomorrow morning. Lance Dunn explained that it could be included if the paperwork is put together. Dan Trelka explained he could have the necessary paperwork by this evening. Mr. Welper questioned Mr. Morrissey would agree to add the position to the Personnel Requisition Committee meeting tomorrow,in order to follow the normal procedure. Mr. Morrissey commented that the committee would need to recommend approving the position to move forward to Human Resources Committee. Mr. Welper explained that regardless of the Personal Requisition Committee's recommendation, the Human Resource Committee would still make the final decision and he would prefer to not deviate from the process. Mr.Morrissey commented that he would agree to Mr.Welper's suggestion. Mr.Morrissey and Mr.Amos to withdrew the motion. With no further business before the committee,it was moved by Amos seconded by Schmitt that the meeting be adjourned at 5:22 p.m. Voice-vote Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 42 of 259 CITY OF WATERLOO Council Communication FY 2018 Mark's Park Resurfacing Project. City Council Meeting: 12/11/2017 Prepared: 11/27/2017 REVIEWERS: D epartment Reviewer Action Date Leisure Services Huting, Paul Approved 11/28/2017 - 12:47 PM Clerk Office Even, LeAnn Approved 12/5/2017 - 1:23 PM ATTACHMENTS: Description Type D Plans and Specifications Cover Memo ❑ Bid Tab Cover Memo Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Director of Leisure Services for review. Submitted by: Submitted by: Travis Nichols, Facilities/Project Manager Recommended Action: Summary Statement: This project involves the removal and replacement of safety surfacing at Mark's Park located at 225 Commercial Street. Expenditure Required: $55,000 Estimate Source of Funds: Community Foundation Grant, G.O. Bond Funds and other grants This project is improving city parks. Therefore it supports City of Waterloo Policy Issue: Strategic Plan, Strategy 4.5 -Maintain community services that support quality of place. Alternative: N/A Page 43 of 259 PROJECT MANUAL FOR: MARK'S PARK RESURFACING PROJECT City of Waterloo Waterloo, Iowa BID DOCUMENTS November 17, 2017 IN /ISION PLANNING ARCHITECTURE I INTERIORS WATERLOO DES MOINES 501 Sycamore Street,Suitel01 303 Watson Powell Jr. Way,Suite 200 Waterloo,Iowa 50703 Des Moines, Iowa 50309 319.233.8419 515.633.2941 319.233.9772 (fax) 515.633.2942 (fax) invisionarch.com invisionarch.com INVISION #: 17104 SET NUMBER: Page 44 of 259 Page 45 of 259 DOCUMENT 00 01 05 SEALS AND CERTIFICATIONS ----------------------------------------------------------------------------------------------------------------------------------------------- I hereby certify that the portion of this technical submission described below was xxt,Yt'ISIIIII71YTf7rfr prepared by me or under my direct supervision and responsible charge. I am a duly Registered Architect under the laws of the State of Iowa. e� %n V P I-HAEL R °6 o BRa$HAR o a o-- Michael R. Broshar iR� oss o- xJf H 4pk'yt� "W"'. Signature Date ff"k7i7�F�71711'IIYIlIl7Y�titxSl�kxxkl Registration Expires: 06.30.2016, Iowa Reg. No. 02463 Pages or sheets covered by this seal: Architectural series. Divisions: 02-12 ----------------------------------------------------------------------------------------------------------------------------------------------- END OF DOCUMENT Leisure Services Building Project# 17104 0001 05 Waterloo, Iowa SEALS AND CERTIFICATIONS Page 1 of 1 This page intentionally left blank Page 47 of 259 FY2018 MARK'S PARK RESURFACING TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 2. FORM OF BID OR PROPOSAL 3. SUBSTITUTION REQUEST FORM 4. SALES TAX EXEMPTION INFORMATION FORM 5. FORM OF BID BOND 6. NON-COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. FORM OF PERFORMANCE BOND 9. FORM OF PAYMENT BOND PRODUCT REQUIREMENTS 32 18 16.1 PROTECTIVE PLAYGROUND SURFACING 32 18 16.2 PROTECTIVE SPLASH PAD SURFACING Page 48 of 259 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY2018 MARK'S PARK RESURFACING PROJECT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7t" day of December, 2017, until 1:00 p.m. for the construction of the FY2018 MARK'S PARK RESURFACING PROJECT as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 7th day of December, 20171 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 11th day of December, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 Rapids Reproductions 6201 Chancellor Drive Cedar Falls, IA 50613 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeproiects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ Rapids Reproductions web site: https://rapidsrepro.com/planroom/ Page 49 of 259 SCOPE OF WORK The extent of the work involved is the replacement of rubberized safety surfacing at Mark's Park located at 225 Commercial Street. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 20th day of November, 2017. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk Page 50 of 259 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY2018 MARK'S PARK RESURFACING PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7th day of December 2017, until 1:00 p.m. for the construction of the FY2018 MARK'S PARK RESURFACING PROJECT„ as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 7thday of December, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on December 11, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is the replacement of rubberized safety surfacing at Mark's Park located at 225 Commercial Street. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before May 15, 2018. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may NOTICE TO BIDDERS Page 1 of JPage 51 of 259 be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by City, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications as prepared by INVISION Architecture are available online at Rapids Reproductions https://ral)idsrel)ro.com/r)lanroom/, and at the following plan rooms: Master Builder of Iowa, MacGraw Hill Construction Dodge, Reed Construction Data. Bid documents may also be viewed at the office of the Architect. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. INQUIRIES/ADDENDA Direct questions to Roland Ganter (rolandg@invisionarch.com), telephone 319-433- 3838. Addenda may be issued during the bidding period. All Addenda become part of the bidding Contract Documents. Include resultant cost in the bid amount. Verbal answers are not binding on any party The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect error, inconsistencies or ambiguities discovered. Clarifications requested by bidders must be in writing not less than seven (7) days before date set for receipt of bids. The reply will be in the form of an Addendum distributed to known Plan Holders Each bidder shall indicate receipt of addendum on bid form. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. NOTICE TO BIDDERS Page 2 of JPage 52 of 259 By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit a lump sum bid on the items listed in the proposal. All bids must be submitted on the Bid Form supplied by the City. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100°/x) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of Five Hundred dollars ($500) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. NOTICE TO BIDDERS Page 3 of JPage 53 of 259 Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS Page 4 of JPage 54 of 259 FORM OF BID OR PROPOSAL FY2018 MARK'S PARK RESURFACING PROJECT CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by INVISION Architecture and now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this FY2018 MARK'S PARK RESURFACING PROJECT, all in accordance with the above-listed documents and for the bid and alternates. BASE BID A. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by INVISION, JP- SE and Modus Engineering for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: B. dollars ($ ), in lawful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. ALTERNATES A. Alternates identified here will be reviewed and accepted or rejected at Owner's option. Accepted alternates will be identified in the Owner- Contractor Agreement. B. ALTERNATE NO. 1 — Demolish and remove all existing rubber surfacing and rubber base material. ADD the Sum of dollars FORM OF BID OR PROPOSAL Page 1 of 2 FY2018 MARK'S PARK RESURFACING Page 55 of 259 2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 5. The bidder has received the following Addendum or Addenda: Addendum No. Date 6. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 7. The bidder has attached all applicable forms. (Name of Bidder) (Date) BY: Title: Official Address: (Including Zip Code): I.R.S. No. FORM OF BID OR PROPOSAL Page 2 of 2 FY2018 MARK'S PARK RESURFACING Page 56 of 259 City of Waterloo Iowa Construction Sales Tax Exemption Contractor Information Required Contractor Name Address Contractor Type: Prime Subcontractor Federal Employer Identification Number Project Name Project Description Description of Work: 0 Brickwork Landscaping Carpentry Painting Concrete n Paving Drywall-Plaster-Insulation Plumbing F--] Electrical Roofing-Siding-Sheet Metal C� Excavation/Grading E71 Windows �] Flooring F—] Wrecking-Demolition Heavy Construction Other(Please specify) 0 Heating-Ventilating-Air Conditioning Sales Tax Exemption Info.xls Contractor Info Updated 4/14/04 Page 57 of 259 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called"OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the_day of , 20 , for NOW, THEREFORE, a)If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D. 20 (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney-In-Fact BID BOND PAGE 1 OF I Page 58 of 259 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or(Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S u bs,G a—,e i a i&wcn-n to-&efa XPi me tk44' ------- day of-------------------------- 20--. ---------------------------------- ------------------------------------- S4vwL w'er Titer My c&nuva4ii&rt/"-p%v Page 59 of 259 NON COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or(Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead,profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S"&c- ,e&a4,t&tworwto-Wbreimelth441 ----- 0a' of------------------------- 20- ------------------------------------ ----------------------------------- S 4vLat"e/ TLtte/ Mye-,/-p�r--------------------------------- Page 60 of 259 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. Page 61 of 259 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 62 of 259 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 Page 63 of 259 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Page 64 of 259 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Page 65 of 259 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal)Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 66 of 259 Page 67 of 259 SECTION 00 43 25 SUBSTITUTION REQUEST FORM We hereby submit for your consideration the following product instead of the specified item for the following project: PROJECT TITLE PROJECT NO. DRAWING NO. DRAWING TITLE SPEC. SECTION SPEC. TITLE PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit, with request, all necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. Substitutions of the materials and equipment described in the Contract Documents will be considered during the bidding period upon receipt or a written request to the Architect for approval up to seven (7) days before receipt of bids. Verbal or written requests without the completed Substitution Request Form will not be considered. CERTIFICATION OF EQUAL PERFORMANCE AND ASSUMPTION OF LIABILITY FOR EQUAL PERFORMANCE The undersigned states that the function, appearance, and quality are equivalent or superior to the specified item. Submitted by: Signature Firm Address Telephone Email Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: FY2018 Mark's Park Resurfacing INVISION Proj 00 43 25 City of Waterloo, IA No. 17104 Substitution Request From Pa~188 of 259 C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different (Explain on Attachment) F. Reason for Request: G. Itemized comparison of specified item(s)with the proposed substitution. List significant variations: H. Accurate cost data comparing proposed substitution with product specified: I. Designation of maintenance services and sources: (ATTACH ADDITIONAL SHEETS IF REQUIRED) FOR USE BY DESIGN PROFESSIONAL: Recommended Recommended as Noted Not Recommended Received Too Late Signed By Date FOR USE BY OWNER'S REPRESENTATIVE OR OWNER: Approved Approved as Noted Not Approved Approved Too Late Signed By Date END OF SECTION FY2018 Mark's Park Resurfacing INVISION Proj 00 43 25 City of Waterloo, IA No. 17104 Substitution Request From Pa~189 of 259 SPECIFICATIONS FOR SPLASH PAD PROTECTIVE SURFACING POURED -IN-PLACE RUBBER(TPV) SURFACING FOR WATER PLAY PART 1—GENERAL 1.01 WORK INCLUDED This work includes furnishing and installing the No Fault Safety Surface. The surfacing Manufacturer/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.02 DESCRIPTION OF SYSTEM& GENERAL CONDITIONS No Fault Safety Surface shall be poured-in-place and trowelled to provide for a resilient, seamless rubber surface installed over the specified rigid base and composed of premium quality TPV rubber mixed with a non- flammable, non-shrinking, one part moisture cured polyurethane adhesive as recommended by the Manufacturer and capable of bonding to concrete. No Fault Safety Surface shall be stable and slip resistant to comply with, meet or exceed all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM) and Consumer Products Safety Commission (CPSC) for surfaces manufactured for the purpose of water play safety surface. 1.03 QUALITY ASSURANCE A. Applicable Standards 1. Coefficient of Friction-ASTM D2047 2. Surface Frictional Properties & Skid Resistance—ASTM E303 3. Permeability—ASTM D2047 4. Flammability of Finished Floor Cover-ASTM D2859 5. Accessibility of Surface Systems—ASTM F1951 6. Tear Strength—ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic 7. Tensile Strength—ASTM D412 Standard Test Methods for Vulcanized Rubber Elastomers and Thermoplastic Elastomers: Tensile Strength must be equal to or greater than 80 Psi. 8. Solar Reflective Index(SRI)—ASTM C-1959 and E-903 9. IPEMA Certification Required B. Installer Qualifications 1. All materials under this section shall be installed by the Manufacturer or its Certified Installers. The playground surfacing installation shall not be performed by anyone other than the product Manufacturer or its Certified Installers. 2. The installation crew will include at least one member that has completed the OSHA 10 Hour Training course and received certification C. Contractor Pre-Qualifications 2. A list of twenty five (25) surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five (5) of these projects must be at least five (5) years old. This list shall also contain projects which require the same level of difficulty, size of project, type of project, e.g. color transitions and special graphics. 3. All bidders must also submit Material Safety Data sheets (MSDS)and Product Data Sheets on all materials. 4. Insurance Requirements -All bidders must carry minimum insurance of: a) $1,000,000 General Liability Per Occurrence b) $2,000,000 General Aggregate c) $2,000,000 Products Completed Operations d) $5,000,000 Excess Liability FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing City of Waterloo, IA 1 Page fdgOT Ld9 e) $1,000,000 Workers Comp. &Employers Liability f) $1,000,000 Automobile Liability(any Auto) 1.04 SUBMITTALS A. One original hard copy of the submittal package will be supplied with additional copies on individual CD's. Upon request only hard copies shall be supplied. B. Manufacturer's descriptive data and installation instructions. C. Manufacturer's details showing depths of wear surface and sub-base materials, anchoring systems and edge details. D. A list of all materials and components to be installed, including Manufacturer's name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. E. Test results to substantiate that the product meets or exceeds all ASTM & ADA requirements for each standard listed in Section 1.03 Quality Assurance. Test must be performed and certified by an independent laboratory. F. Copy of IPEMA Certification. G. Documentation of Contractor Pre-Qualification as stated in Section 1.03 Quality Assurance. H. Documentation of Insurance Requirements as stated in Section 1.03 Quality Assurance. I. Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all materials under this section shall be installed by the Manufacturer or its Certified Installers. J. A listing of at least twenty five (25) installations where products similar to those proposed for use have been installed and have been in successful service for a minimum period of three (3) years. This list shall include Owner or purchaser, address of installation, date of installation, contact person, and phone number. K. Upon request, a sample specimen of safety surface proposed for this project. L. Upon request, a list of all organizations and affiliations of the company offering the product(s). 1.05 DELIVERY,STORAGE and HANDLING: Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer's recommendations. 1.06 PROJECT SITE CONDITIONS: A. Synthetic safety surfacing shall be installed on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the Manufacturer. B. Installation in weather condition of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact cure time, and/or the structural integrity of the final product. Immediate surroundings of the site shall be reasonably free of dust conditions and poor particulate air quality will impact the final surface look. C. The Manufacturer's installation manager shall reserve the right to control the project schedule installation based on such factor without penalty to No Fault Sport Group, LLC. D. Safety surfacing shall be installed after the playground equipment is installed unless otherwise noted. E. Surface installation shall be coordinated by the project manager or designated individual of playground equipment and sub-base installation, with No Fault Sport Group's local production manager and in accordance with No Fault's sub-base requirements. 1.07 WARRANTY: Safety surface for water play applications shall maintain required characteristics and be guaranteed against defects in workmanship and material for a period of no less than five (5) years. FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing City of Waterloo, IA 2 Page Pgoe Ld9 PART 2—PRODUCTS Product shall be No Fault Safety Surface as manufactured and sold by No Fault Sport Group, LLC. No Fault Safety Surface shall consist of synthetic poured-in-place safety surfacing meeting the requirements of this specification and comprised of TPV and polyurethane binder. It shall be manufactured and installed by No Fault Sport Group,LLC(866-637-7678 www.nofault.com) and its certified installation crews. NOTE—Other products will be allowed only if prior approved as per Section 2.02 Product Substitutions&Approved Equals 2.01 MATERIALS A. Polyurethane Binder 1. Polyurethane Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2. No toluene diphenyl isocyanate(TDI) shall be used. 3. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. 4. Weight of polyurethane shall be no less than 8.5 lbs/gal(1.02 Kg/1) and no more than 9.5 lbs/gal(1.14 Kg/1) 5. COLOR TINTED BINDER WILL NOT BE ALLOWED. 6. Aromatic or Aliphatic Polyurethane Binder may be used. B. TPV(Wear Surface) 1. TPV material shall be angular granules with a Shore A Hardness of 65A ± 5, a Tensile Strength equal to or greater than 3.0 Mpa, and an Elongation at Break greater than 400%. 2. Size of TPV particles shall be not less than 1.00 mm, or greater than 4.0 min across. 3. STRAND, SHAVED, CHIPPED OR SHREDDED MATERIAL OF ANY TYPE IS NOT ACCEPTABLE. 2.02 PRODUCT SUBSTITUTIONS&APPROVED EQUALS A. All product substitutions must be submitted for preapproval at least seven (7) days prior to bid opening date. Submit substitution request by completing the attached substitution request form. Use only this form. B. Once all products submitted for substitution have been reviewed, a list of the approved substitutes will be circulated and made available to bidders. PART 3—EXECUTION 3.01 SUB-BASE REQUIRMENTS A. Owner or Owner's representative shall provide sub-surface in accordance with Manufacturer's recommendation for the project location and application. B. The base shall be concrete installed in accordance with Manufacturer's written specifications. C. The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. D. Tolerance of concrete or bitumininous subsurface shall be within 1/8 inch (3.0 mm) in 10 feet (3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (1 Omm)in 10 ft(3050 mm). E. New concrete shall be allowed to cure a minimum of seven(7)days prior to commencement of surfacing. F. All sub-bases shall be approved by Owner or Owner's Representative prior to installation of the safety surface. G. Alternate sub-base material must have prior approval from Manufacturer. FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing City of Waterloo, IA 3 Page f2gOf 4-9 3.02 PREPARATION A. Scheduling —No Fault Safety Surface shall be installed after other sub-contractors are complete; the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.06 Project Site Conditions. B. Cleaning-The entire subsurface shall be clean, dry and free from any foreign and loose material. 3.03 INSTALLATION A. TPV Wear Course Layer 1. Polyurethane binder and TPV will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. The polyurethane binder shall be not less than 20 percent (20%) of total weight of rubber used in the wear surface, and shall provide 100 percent(100%) coating of the particles. 3. The TPV and polyurethane binder mixture will then be poured-in-place by means of screeding, and hand- trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16"thicker than the required depth. 5. The cap will have a minimum weight of 2.2 pounds per square foot for 3/8" and 2.9 pounds per square foot for 1/2' 6. Thickness of wear surface shall be a minimum 1/2". 7. The wear layer shall be porous. 8. If graphic designs and color transitions are used, they shall be full wear course depth. Color(s) to be determined by architect. 9. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 10. Large Areas -All areas in excess of 2,000 sq. ft. or that require adjacent color pours will have a cold joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require the No Fault Safety Surface material to be installed on separate days. 11. Color: The wear course shall be colored as noted on the drawings. Provide samples to Architect for final selection by the architect or Owner during the submittal process 3.04 PROTECTION A. The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the Owner from all traffic during the curing period of 48 to 72 hours after surface installation is complete, or as instructed by the Manufacturer. B. Surface installation crew shall be responsible for the protection of No Fault Safety Surface during the installation process. Owner or General Contractor shall be responsible for the protection of the surface during the crew's off hours and during the curing period upon completion of the installation. 3.05 CLEAN UP A. Manufacturer's installers shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. B. Manufacturer's installers shall properly dispose of all material and packing waste before leaving the job site. C. Owner or contractor shall be responsible for supplying a dumpster at job site for all waste associated with installation of the safety surface. FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing City of Waterloo, IA Page flgoe id9 SPECIFICATIONS FOR PLAYGROUND PROTECTIVE SURFACING POURED -IN-PLACE RUBBER TPV SURFACING FOR PLAYGROUNDS PART 1—GENERAL 1.01 WORK INCLUDED This work includes furnishing and installing the No Fault Safety Surface. The surfacing Manufacturer/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.02 DESCRIPTION OF SYSTEM& GENERAL CONDITIONS No Fault Safety Surface shall be poured-in-place and trowelled to provide for a resilient, seamless rubber surface installed over the specified rigid base. No Fault Safety Surface is comprised of an SBR base mat and TPV colored cap, with both layers being mixed with a non-flammable, non-shrinking, one part moisture cured polyurethane adhesive as recommended by the Manufacturer and capable of bonding to concrete, asphalt or compacted stone. No Fault Safety Surface shall be stable and slip resistant to comply with, meet or exceed all requirements set forth in the Americans with Disabilities Act(ADA) and the American Standard Testing Methods (ASTM and Consumer Products Safety Commission(CPSC)for manufactured Safety Surfaces as detailed below. 1.03 QUALITY ASSURANCE A. Applicable Standards 1. Impact Attenuation -ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peal-, deceleration of no more than 200 g's and a Head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. 2. Coefficient of Friction-ASTM D2047 3. Surface Frictional Properties & Skid Resistance—ASTM E303 4. Permeability—ASTM D2047 5. Flammability of Finished Floor Cover-ASTM D2859 6. Accessibility of Surface Systems—ASTM F1951 7. Tear Strength—ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic 8. Tensile Strength—ASTM D412 Standard Test Methods for Vulcanized Rubber Elastomers and Thermoplastic Elastomers: Tensile Strength must be equal to or greater than 80 Psi, 9. Solar Reflective Index(SRI)—ASTM C-1959 and E-903 10. IPEMA Certification Required B. Installer Qualifications 1. All materials under this section shall be installed by the Manufacturer or its Certified Installers. The playground surfacing installation shall not be performed by anyone other than the product Manufacturer or its Certified Installers. 2. The installation crew will include at least one member that has completed the OSHA 10 Hour Training course and received certification C. Contractor Pre-Qualifications 1. All bidders must have a current Louisiana Contractor's License at or before the time of bid opening date. 2. A list of twenty five (25) surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five (5) of these projects must be at least five (5) years old. This list shall also contain projects which require the same level of difficulty, size of project, type of project, e.g. color transitions and special graphics. 3. All bidders must also submit Material Safety Data sheets (MSDS)and Product Data Sheets on all materials. 4. Insurance Requirements -All bidders must carry minimum insurance of: a) $1,000,000 General Liability Per Occurrence b) $2,000,000 General Aggregate FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacin City of Waterloo, IA 1 Page 7�4 of 259 c) $2,000,000 Products Completed Operations d) $5,000,000 Excess Liability e) $1,000,000 Workers Comp. &Employers Liability f) $1,000,000 Automobile Liability(any Auto) 1.04 SUBMITTALS A. One original hard copy of the submittal package will be supplied with additional copies on individual CD's. Upon request only hard copies shall be supplied. B. Manufacturer's descriptive data and installation instructions. C. Manufacturer's details showing depths of wear surface and sub-base materials, anchoring systems and edge details. D. A list of all materials and components to be installed, including Manufacturer's name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. E. Test results to substantiate that the product meets or exceeds all ASTM & ADA requirements for each standard listed in Section 1.03 Quality Assurance. Test must be performed and certified by an independent laboratory. F. Copy of IPEMA Certification. G. Documentation of Contractor Pre-Qualification as stated in Section 1.03 Quality Assurance. H. Documentation of Insurance Requirements as stated in Section 1.03 Quality Assurance. I. Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all materials under this section shall be installed by the Manufacturer or its Certified Installers. J. A listing of at least twenty five (25) installations where products similar to those proposed for use have been installed and have been in successful service for a minimum period of three (3) years. This list shall include Owner or purchaser, address of installation, date of installation, contact person, and phone number. K. Upon request, a sample specimen of safety surface proposed for this project. L. Upon request, a list of all organizations and affiliations of the company offering the product(s). 1.05 DELIVERY,STORAGE and HANDLING: Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer's recommendations. 1.06 PROJECT SITE CONDITIONS: A. Synthetic safety surfacing shall be installed on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the Manufacturer. B. Installation in weather condition of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact cure time, and/or the structural integrity of the final product. Immediate surroundings of the site shall be reasonably free of dust conditions and poor particulate air quality will impact the final surface look. C. The Manufacturer's installation manager shall reserve the right to control the project schedule installation based on such factor without penalty to No Fault Sport Group, LLC. D. Safety surfacing shall be installed after the playground equipment is installed unless otherwise noted. E. Surface installation shall be coordinated by the project manager or designated individual of playground equipment and sub-base installation, with No Fault Sport Group's local production manager and in accordance with No Fault's sub-base requirements. 1.07 WARRANTY: Surfacing shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a period of no less than five (5)years or as specified and agreed upon per contract. PART 2—PRODUCTS Product shall be No Fault Safety Surface as manufactured and sold by No Fault Sport Group, LLC. No Fault Safety Surface shall consist of synthetic poured-in-place safety surfacing meeting the requirements of this FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacin City of Waterloo, IA 2 Page 795 of 259 specification and comprised of SBR, TPV and polyurethane binder. It shall be manufactured and installed by No Fault Sport Group, LLC(866-637-7678 www.nofault.com) and its certified installation crews. NOTE—Other products will be allowed only if prior approved as per Section 2.02 Product Substitutions&Approved Equals 2.01 MATERIALS A. Polyurethane Binder 1. Polyurethane Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2. No toluene diphenyl isocyanate (TDI) shall be used. 3. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. 4. Weight of polyurethane shall be no less than 8.5 lbs/gal(1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/1) 5. COLOR TINTED BINDER WILL NOT BE ALLOWED. 6. Aromatic or Aliphatic Polyurethane Binder may be used. B. SBR(Impact Layer) 1. Only 100% shredded styrene butadiene rubber maybe used 2. Strands of SBR may vary from 0.5 mm—2.0 mm in thickness by 3.0 mm—20 mm in length. C. TPV(Wear Surface) 1. TPV material shall be angular granules with a Shore A Hardness of 65A ± 5, a Tensile Strength equal to or greater than 3.0 Mpa,and an Elongation at Break greater than 400%. 2. Size of TPV particles shall be not less than 1.00 min, or greater than 4.0 min across. 3. STRAND, SHAVED, CHIPPED OR SHREDDED MATERIAL OF ANY TYPE IS NOT ACCEPTABLE. 2.02 PRODUCT SUBSTITUTIONS&APPROVED EQUALS A. All product substitutions must be submitted for preapproval at least fourteen (7) days prior to bid openingdate. SLlbmll xubstitution rcquetit by complcting,the attached substitution request form. Use only this form. B. Once all products submitted for substitution have been reviewed, a list of the approved substitutes will be circulated and made available to bidders. PART 3—EXECUTION 3.01 SUB-BASE REQUIRMENTS A. Owner or Owner's representative shall provide sub-surface in accordance with Manufacturer's recommendation for the project location and application. B. The base shall be concrete, asphalt, or compacted stone installed in accordance with Manufacturer's written specifications. C. The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. D. Tolerance of concrete or bitumininous subsurface shall be within 1/8 inch (3.0 min) in 10 feet (3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch(IOmtn)in 10 ft(3050 mm). E. Verify that aggregate subsurface has been fully compacted to 90-95 percent or greater. F. Asphalt base shall be allowed to cure a minimum of fourteen (14) days and new concrete shall be allowed to cure a minimum of seven(7) days prior to commencement of surfacing. G. All sub-bases shall be approved by Owner or Owner's Representative prior to installation of the safety surface. H. Alternate sub-base material must have prior approval from Manufacturer. 3.02 PREPARATION A. Scheduling —No Fault Safety Surface shall be installed after other sub-contractors are complete; the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.06 Project Site Conditions. FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacin City of Waterloo, IA 3 Page 7�6 of 259 B. Cleaning-The entire subsurface shall be clean, dry and free from any foreign and loose material. 3.03 INSTALLATION A. SBR Cushion Layer 1. Polyurethane binder and SBR will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. Binder shall be not less than 14 percent (14%), nor more than 22 percent (22%), of the total weight of rubber, and shall provide 100 percent(100%) coating of the particles. 3. The SBR and binder mixture will then be poured-in-place by means of screeding, and hand-trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16"thicker than the required depth. 5. Whenever practical, SBR cushion layer shall be installed in one continuous pour on the same day. When a second pour is required, fully coat the edge of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new SBR mixture can be placed before the adhesive dries. 6. Total depth of the safety surface system throughout the playground equipment use zone shall be as required to meet the applicable critical fall height requirements or as specified by Owner or Architect. Therefore, thickness of the SBR cushion layer will be total depth less 3/8" or '/2" (minimum required thickness of the TPV wear course layer). 7. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. When connecting to a concrete curb or border the hardened edge shall be primed with adhesive. 8. The SBR cushion layer surface shall be porous. B. TPV Wear Course Layer 1. Polyurethane binder and TPV will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. The polyurethane binder shall be not less than 20 percent (20%) of total weight of rubber used in the wear surface, and shall provide 100 percent(100%) coating of the particles. 3. The TPV and polyurethane binder mixture will then be poured-in-place by means of screeding, and hand- trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16"thicker than the required depth. 5. The cap will have a minimum weight of 2.2 pounds per square foot for 3/8" and 2.9 pounds per square foot for V2". 6. Thickness of wear surface shall be a minimum 1/2". 7. The wear layer shall be porous. 8. If graphic designs and color transitions are used, they shall be full wear course depth. Color(s) to be determined by architect. 9. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 10. Large Areas -All areas in excess of 2,000 sq. ft. or that require adjacent color pours will have a cold joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require the No Fault Safety Surface material to be installed on separate days. 11. Color: The wear course shall be colored as noted on the drawings. Provide samples to Architect for final selection by the architect or Owner during the submittal process. 3.04 PROTECTION A. The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the Owner from all traffic during the curing period of 48 to 72 hours after surface installation is complete, or as instructed by the Manufacturer. B. Surface installation crew shall be responsible for the protection of No Fault Safety Surface during the installation process. Owner or General Contractor shall be responsible for the protection of the surface during the crew's off hours and during the curing period upon completion of the installation. FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfaci City of Waterloo, IA 4 Page F7 of 259 3 .05 CLEAN UP A. Manufacturer's installers shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. B. Manufacturer's installers shall properly dispose of all material and packing waste before leaving the job site. C. Owner or contractor shall be responsible for supplying a dumpster at job site for all waste associated with installation of the safety surface. FY 2018 Mark's Park Resurfacing INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacin City of Waterloo, IA 5 Page 798 of 259 FY18 MARK'S PARK RESURFACING PROJECT Bid Tab: December 7, 2017 Estimate: $55,000 Bidder Bid Security Bid Amount Boland Recreation o $53,750 Marshalltown, IA 5�0 Alt $0.00 Cunningham Recreation o $ 60,726 Charlotte, NC 5�0 Alt 1 $11,045 Page 79 of 259 CITY OF WATERLOO Council Communication Sale and conveyance of City owned property located adjacent to 1947 Rainbow Drive, in the amount of$1.00, to LG Companies, LLC, including a Development Agreement. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/6/2017 - 11:04 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 2:51 PM ATTACHMENTS: Description Type ❑ Application Cover Memo ❑ Detailed Property Report Lot 1 Cover Memo ❑ Detailed Property Report Lot 2 Cover Memo ❑ Site Plan Cover Memo ❑ Floor Plan Cover Memo ❑ Aerial Photos Cover Memo ❑ Memorandum Cover Memo ❑ Development Agreement Cover Memo Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City owned property located adjacent to 1947 Rainbow Drive, in the amount of$1.00, to LG SUBJECT: Companies, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with LG Companies, LLC to construct one single-family dwelling with an attached garage on property located adjacent to 1947 Rainbow Drive, and authorize the Mayor and Citv Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Director Community Planning and Development Recommended Action: Approval. The applicant plans to build a new home with an attached garage on the property adjacent to 1947 Rainbow Drive. The request has been approved by the Building and Grounds Committee. Summary Statement: The two city owned properties are zoned "R-1" One and Two Family Page 80 of 259 Residence District and have a total area of 21,060 square feet and a lot width of approximately 122', which meets all the minimum lot requirements for the "R-1' zoning district. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of city owned property, economic development, polices 1, 3 and 4. The lots where acquired in 1970. Redeveloping the lots for a new single- Background Information: family home will provide a new dwelling and future increased tax base for the City. Legal Descriptions: Lots 2 and 3 of Lobdells Second Addition to Castle Hill, City of Waterloo, Black Hawk County, Iowa. Page 81 of 259 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 IN Sale of City-Owned Property 1619 Olive Street, Applicant: Shay Trask Address: Cedar Falls, IA 50613 Phone No.: 319.404.5810 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: Parcel ID's: 8913-17-477-002 and 8913-17-477-003 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): $1 • 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&mist., demolition,remove of curbs, etc): Asking price-Deductions=Value of Property: Offer Price for Entire Area: $1 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. October 17th, 2017 pli nt Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 82 of 259 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address CITY OF WATERLOO CITY OF WATERLOO 8913-17-477-002 715 MULBERRY ST TTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No. rw, Area Contract Buyer 3 WTLO-02 Property Address Current Recorded Transfer 00000 Date Drawn jDate Filed lRecorded Document Type 00000-0000 1/17/1969 1/27/1970 IDEED 488096 D ASSESSED VALUES/CREDITS Year Class 2017 E 100% Land Multi-Residential Land Dwelling Building otal Acres Value 7,780 0 0 0 71780 0 Taxable Land IMulti-Residential Land 113welling IBuildingotal alue 7,780 10 10 F7,780 Year Class 2016 E 100% Land Multi-Residential Land Dwelling Building otal Acres Value 7,780 0 0 0 7,780 0 Taxable Land IMulti-Residential Land IDwelling IBuildingotal alue 7,780 10 110 10 7,780 Year Class 2015 E 100% Land Multi-Residential Land Dwelling LBuilding otal Acres Value 7,780 0 0 71780 0 Taxable Land IMulti-Residential Land IDwelling Building E7, al alue 7,780 0 0 0 80 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax 940001 -WATERLOO District Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 40.33157 $0.00 $0.00 Nocorp 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Business Property Tax Credit Credit Credit Credit 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 83 of 259 LAND Basis Front lRear ISide 1 ISide 2 Lot lArea jAcres Front Foot 60 160 1182 1182 0 110920 10.251 Totals: 110920 10.251 lEntry Status: Inspected Date Website Last Updated: 10/13/2017 Page 84 of 259 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address CITY OF WATERLOO CITY OF WATERLOO 8913-17-477-003 715 MULBERRY ST TTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No. rw, Area Contract Buyer 3 WTLO-02 Property Address Current Recorded Transfer 00000 Date Drawn jDate Filed lRecorded Document Type 00000-0000 1/17/1969 1/27/1970 IDEED 488096 D ASSESSED VALUES/CREDITS Year Class 2017 E 100% Land Multi-Residential Land Dwelling Building otal Acres Value 7,630 0 0 0 71630 0 Taxable Land IMulti-Residential Land 113welling IBuildingotal alue 7,630 10 10 F7,630 Year Class 2016 E 100% Land Multi-Residential Land Dwelling Building otal Acres Value 7,630 0 0 0 7,630 0 Taxable Land IMulti-Residential Land IDwelling IBuildingotal alue 7,630 10 110 10 7,630 Year Class 2015 E 100% Land Multi-Residential Land Dwelling LBuilding otal Acres Value 7,630 0 0 7,630 0 Taxable Land IMulti-Residential Land IDwelling Building E7, al alue 7,630 0 0 0 30 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax 940001 -WATERLOO District Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 40.33157 $0.00 $0.00 Nocorp 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Business Property Tax Credit Credit Credit Credit 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 85 of 259 LAND Basis Front lRear ISide 1 ISide 2 Lot lArea jAcres Front Foot 60 160 1169 1169 0 110140 10.233 Totals: 110140 10.233 lEntry Status: Inspected Date Website Last Updated: 10/13/2017 Page 86 of 259 I 4i h Q w O Q V I " A n ?Jg -5 1' �b rl d .----...--. x� 3b �- ----------------------------- ----- ---. - a ---.--------- -------' Ln r� co b e co, (m � 4 b J 12 { .CF--,V mmmmmmmm 3 g S �M m s+ --------- -------- c } ----------... ---------------- ---------------- ----------. 10/18/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: _ 8913-17-477-002 Deed Holder: CITY OF WATERLOO Legal: LOBDELLS SECOND ADDITION TO CASTLE HILL LOT 3 -rep Bond aw a f- La r \ ` .-.- Featus areoldlm tr ,,,�„ •'..� f, ro.an.m. ,lJ I' Y� hnapnal _d.,Phahsa el pl tl~lf�i !' alrporl Black Hawk Co. Oretlept _..� �. iaMkF:• r - r h ,.tea ••� '�. park._ �''� _ ,�• parks �yy� ♦ ..�„ AN Mprng 111 y:ra,) I s Panmada Torrnrhlps sen�nns d h 1f" N walar fl.�� al yl1i '' 7�. I parcel: 0. r; Rlghtaal.v7ay 1 �•, d 't 72.B�i t.7 i 0—es 7 ,.,y I2.S7 t allread_dim n' ...ddlm s+'4 tl.ru a!�'.I�- No.� Ll - •f �l. }I :rim" Y� "'n f,ri"- ` 'kah .•`.t t T' AIT ; �! a I yi ti F it Q r aa '11111 Map cro.Tlod wdh ArcIMS•Copyright JCI 1!2.20:11 LSRI Inc. • • Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 50703-4774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:auditor co.black-hawk,ia.us,orc information. Page 89 of 25� 10/18/2017 Printable Map Output Black 19avvk County Parcel Map Parcel ID: 8913-17477-003 Deed Holder: CITY OF=WATERLOO Legal: LOBDELLS SECOND ADDITION TO CASTLE HILL LOT72 Fealums Legend eldTe ad .. �' ' I hospital .. 1. .I 4 .i,mK A.6.1Pha1M &..k Nawk Co. rr t h,.d.pt ' ).nMQ �'I •n.�..' . .r . rwprng (VVj xr' Irallroada N �r,; � ?� I ,. ,Y` Ji TownshlPsILe2at sections y.y +y Water' Wat 'J.C.',�V fr :. .r a ■r F . d NYht-14fty 94 14City Una& .84 8 lf r.h,wadlm li". ,�� .,�• y'r+� JQQ ;1r�.m._ � � 'e as it a7 A"L.Iav L1 t A f, yP xY � 1 w i ""A �'' kT it -1 lar -•1 �- a, _ a� 1!71' Map cremod wdIt ArcIMS-CopynglH tC1 1932 2931 EBRI Inc. .'.�.. •o L •- Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 507034774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:auditor co.black-hawk.ia.us.or information. 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RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct a single-family and related improvements on property located at on Rainbow Drive in Waterloo, consisting of parcels 8913-17-477-002 and 8913-17-477-003, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Developer for the sum of $1.00. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is Page 92 of 259 S DEVELOPMENT AGREEMENT Page 2 mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will construct on the Property a single-family dwelling with attached garage, substantially in accordance with the floor plans attached hereto as Exhibit "B". The dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. i 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the I following deadlines: s s a. Construction. Developer must begin construction of the I Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twelve (12) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, f and thereafter if construction is not completed within the allowed period of extension, the title to the Property shall revert to the City after the end of said period. Page 93 of 259 s I. I i DEVELOPMENT AGREEMENT Page 3 4. Reverter of Title. In the event of any reverter of title, Developer agrees f that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney-in-Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney- in-fact. 5. Maintenance of Drainage. Developer acknowledges that an existing channel for drainage of surface water runs across the Property and that the maintenance of said channel is of vital importance for the proper flow of surface runoff for many properties in the vicinity. Developer agrees that, in undertaking the Project, he will not fill, improve, re-route or in any way alter the existing channel without the express prior written consent of City. 5.1. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. 6. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including 'I but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-col lateral ize the Property to support the construction of improvements on any other real estate. Page 94 of 259 i f'. i. i. DEVELOPMENT AGREEMENT Page 4 f 8. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of ` any associated connection fees. i 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 11. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and ever promise, covenant, representation, and warrant set every p Y , forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City Page 95 of 259 I� DEVELOPMENT AGREEMENT Page 5 may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to LGCompanies LLC, PO Box 277, Cedar Falls, Iowa 50613. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. Page 96 of 259 DEVELOPMENT AGREEMENT Page 6 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor (Kyle Larson) Attest: Kelley Felchle, City Clerk Page 97 of 259 EXHIBIT "A" Legal Description of Property Lots 2 and 3, Lobdell's Second Addition to Castle Hill, City of Waterloo, Iowa. Page 98 of 259 EXHIBIT "B" Floor Plans IPJVI y �.A --------- jiLr :� . { i Page 99 of 259 CITY OF WATERLOO Council Communication Resolution approving Bus Bench Agreement with The Bench Company and Outdoor Advertising, LLC, providing for the termination of the bus bench program, the removal and maintenance of benches, and providing for payment of$5,000 to the City of Waterloo for bench removal, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 12/11/2017 Prepared: 12/5/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/6/2017 - 11:30 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 2:43 PM ATTACHMENTS: Description Type D Bus Bench Agreement Backup Material Resolution approving Bus Bench Agreement with The Bench Co=MY and Outdoor Advertising; LLC, roviding for the termination of the bus bench SUBJECT: program. the removal and maintenance of benches, and providing for payment of$5,000 to the City of Waterloo for bench removal and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The City of Waterloo previously entered into an agreement with the Department of Justice to address noncompliance issues of existing bus benches with the Americans with Disabilities Act, and the City previously took action to amend the Code of Ordinance regarding bus benches, laying the groundwork for the termination of the program as the City of Waterloo will establish new bus benches that will be ADA compliant. This agreement Summary Statement: embodies the terms on which the Operator's participation will be concluded in the City's bus bench program, providing for up to 25 benches (list is attached to the agreement)to remain in place until May 1, 2018. Operator will be responsible for all maintenance, including snow removal of these 25 benches, and will be responsible for removal of these 25 benches. All remaining benches will be removed by the City of Waterloo, and Operator agrees to pay the City of Waterloo $5,000 (in three payments) to offset costs for the City to remove and dispose of the benches. Expenditure Required: None Source of Funds: N/A Page 100 of 259 Policy Issue: Bus Benches Alternative: Not approve and address non-compliance issues with the Department of Justice. Page 101 of 259 BUS BENCH AGREEMENT This Agreement is entered into as of December , 2017 by and among the City of Waterloo, Iowa("City"), Bradley Knudson, d/b/a The Bench Company ("Knudson") and Outdoor Advertising, LLC ("OA"). Knudson and OA are referred to as "Operator". WHEREAS, Operator has for many years operated bus benches throughout the City of Waterloo for purposes of advertising; WHEREAS, City has decided to terminate the bus bench program, and the parties desire to enter into this Agreement to facilitate phase out of the program. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Authorized Benches. Operator may, until May 1, 2018, keep one bench at each of the 25 locations identified on Exhibit "A" attached hereto. Any bench that becomes damaged for any reason shall be promptly repaired or permanently removed. Operator is solely responsible for all maintenance needed for each bench, including but not limited to snow removal and ice control in accordance with the requirements of Section 7-2B-6(B) of the Waterloo Code of Ordinances. If Operator does not maintain the benches as required by this paragraph, then in its sole discretion City may immediately terminate Operator's privilege to operate any bench in the City of Waterloo and may, without advance notice to Operator, remove any bench or all benches. If City removes any benches, Operator shall be responsible to reimburse City for its reasonable costs of personnel and equipment in removing the benches, for which a good-faith estimated cost is $100 per bench. 2. Liability Protection. Operator shall provide proof of insurance and an executed indemnification agreement as required by Ordnance Section 7-213-6(A). City acknowledges that Operator has complied with these requirements. Operator shall keep such insurance in force at all times during the term of this Agreement. 3. Removal of Authorized Benches. By no later than May 2, 2018, Operator shall remove all remaining benches identified on Exhibit"A", including all component parts of said benches, at its sole expense. If Operator fails to do so, the benches shall be deemed abandoned and the City may remove the benches and retain or dispose of them in any manner City deems fit in the exercise of its sole discretion, without compensation to Operator. Upon removal action by City, City may either charge Operator with a municipal infraction for each bench that Knudson failed to remove or charge Knudson for the City's reasonable costs of personnel and equipment in removing the benches, for which a good-faith estimated cost is $100 per bench. 4. Removal of Benches Not Authorized. Operator hereby abandons all benches in the City of Waterloo, other than those specifically identified on Exhibit "A", and authorizes City to remove all of said abandoned benches on Operator's behalf. After removal of abandoned benches, City may retain or dispose of them in any manner City deems fit in the exercise of its sole discretion, without compensation to Operator. Page 102 of 259 5. Payment. Operator will pay City the sum of$5,000 as compensation for City's action in removing benches pursuant to paragraph 4 above, payable in three installments as follows: $1,667 on or before 12/31/2017 $1,667 on or before 3/01/2018 $1,666 on or before 5/01/2018 Said payments will further discharge any liability the Operator has to City for delinquent sign or permit fees and for fines associated with previous failures to comply with applicable City ordinance. However, if circumstances warrant, City will be entitled to charge Operator as set forth elsewhere in this Agreement. Delinquent payments will accrue interest at twelve percent (12%)per annum. 6. Compromise Resolution. The parties acknowledge that this Agreement embodies the terms on which Operator's participation will be concluded in City's bus bench program that is set forth in Article B, Chapter 2, Title 7 of the Waterloo Code of Ordinances. The parties enter into this Agreement as a compromise resolution to address significant deficiencies in the current and historic status of Operator's compliance with applicable ordinances and the Americans with Disabilities Act. With respect to any benches owned or operated by Operator in the City of Waterloo, Operator shall have no claims,privileges or rights except as expressly set forth in this Agreement, and Operator hereby waives and forfeits such claims,privileges and rights, if any. 7. General Terms. The obligations of Knudson and OA under this Agreement are joint and several. This Agreement is binding on the parties and their respective, heirs,personal representatives, successors and assigns. Time is of the essence. This Agreement is the entire agreement of the parties with respect to the subject matter hereof and may be modified only in a written instrument signed by both parties. IN WITNESS WHEREOF, the parties have executed this Bus Bench Agreement as of the date first set forth above. CITY OF WATERLOO, IOWA OUTDOOR ADVERTISING, LLC By: By: Quentin M. Hart, Mayor Bradley Knudson, Manager Attest: Kelley Felchle, City Clerk Bradley Knudson, d/b/a The Bench Company 2 Page 103 of 259 Exhibit "A" Approved Bus Bench Locations Bench Location Bench Number Campbell Ave &Ansborough Ave W020 Sergeant Rd&Fletcher Ave W023 Rainbow Dr& Cortez Cr W033 Oakwood Dr & Cedar Bend W036 Conger St& Broadway St W040 Newell St & Idaho St W051 Almond St& E. 4th St W053 Lime St & E. 4th St W054 Franklin St & E. Park Ave W055 Franklin St&Vinton St W063 Franklin St& Irving St W061 Independence Ave & Idaho St W065 Idaho St &Prospect Ave W066 Independence Ave & Bishop Ave W067 Commercial St& W. 4th St W071 Jefferson St & W. 4th St W073 Commercial St & W. Park Ave W074 South St & W. 6th St W085 Johnson St & W. 9th St W087 W. Ridgeway Ave &Plaza Cir W100 Ravenwood Rd& St. Francis Dr WI 17 Olympic Dr&Pheasant Lane W148 Crossroads Blvd @ Harbor Freight Tools W136 Crossroads Blvd &Penneys St @ Long John Silvers W137 Alexandria Dr @ VGM Forbin W146 1 Page 104 of 259 CITY OF WATERLOO Council Communication Resolution approving the First Amendment to Deed of Dedication for Wagner Road Subdivision, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 12/11/2017 Prepared: 12/5/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/6/2017 - 10:58 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 2:45 PM ATTACHMENTS: Description Type ❑ Amended Deed of Dedication Backup Material Resolution approving the First Amendment to Deed of Dedication for SUBJECT: Wagner Road Subdivision, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Adopt resolution The Amendment to the Deed of Dedication for the Wagner Road Subdivision would strike the original sections 4 and 6 of Article III of the Deed of Dedication. The removal of said sections would allow for outside storage for Lot 1 in areas other than the rear yard and screening shall conform to requirements of the Development Agreement between the City of Summary Statement: Waterloo and Matthias Landscaping. Landscaping requirements are also adjusted according to the Development Agreement between the City and Matthias Landscaping for Lot 1. The City Council has already approved all necessary zoning actions for this development. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA The City acquired the land in question in 2015 and has been having the site Page 105 of 259 Background Information: prepared for development. Page 106 of 259 Prepared by Christopher S.Wendland, P.O.Box 596,Waterloo,IA 50704 319-234-5701 After recording, return to Waterloo P&Z,Attn: Noel Anderson,715 Mulberry Street,Waterloo, IA 50703 AMENDMENT TO DEED OF DEDICATION for WAGNER ROAD SUBDIVISION TO THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA The undersigned, being owners of all lots in Wagner Road Subdivision, do hereby make the following amendment to the Deed of Dedication filed with the plat of said addition on June 14, 2017 as Doc. No. 2017-22010: 1. Sections 4 and 6 of Article III of the Deed of Dedication are hereby stricken in their entirety, and the following new Sections 4 and 6 are substituted therefor: 4. Outside Storage. Outside storage will not be allowed, unless it is totally screened and in the rear yard only,provided,however, that as to Lot I outside storage will be allowed in areas other than the rear yard and screening shall conform to requirements of the development agreement between the City of Waterloo and the owner of Lot 1. 6. Landscape. For all lots other than Lot 1, the entire area that is not covered with building and pavement must have grass/landscaping in accordance with City of Waterloo requirements. Lot 1 shall conform to requirements of the development agreement between the City of Waterloo and the owner of Lot 1. 2. Except as set forth herein, the Deed of Dedication for Wagner Road Subdivision remains unmodified and in full force and effect. Executed by the undersigned this day of December, 2017. [signatures on next page] Page 107 of 259 CITY OF WATERLOO, IOWA MATTHIAS PROPERTIES, L.L.C. By: By: Quentin M. Hart, Mayor Douglas Matthias, Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) The foregoing record was acknowledged before me on by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) The foregoing record was acknowledged before me on by Douglas Matthias as Manager of Matthias Properties, L.L.C. Notary Public 2 Page 108 of 259 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Kapaun Consulting Engineers of Hudson, Iowa in the amount of$26,655 for the redesign and engineering to replace the HVAC units for the Waste Management Services Administration building, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 REVIEWERS: Department Reviewer Action Date Waste Management Hoambrecker, Steven Approved 12/6/2017 - 8:33 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 10:33 AM ATTACHMENTS: Description Type ❑ psa kapaun Cover Memo Resolution approving a Professional Services Agreement with Kapaun Consulting Engineers of Hudson, Iowa in the amount of$26.655 for the SUBJECT: redesign and engineeringto o replace the HVAC units for the Waste Management Services Administration building, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services Recommended Action: To approve resolution Expenditure Required: $26,655.00 Source of Funds: 520-14-5200-1312 Page 109 of 259 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave -Waterloo, IA 50702 - (319)291-4553 • ' Steve Hoambrecker, Director October 11, 2017 Memo to Waterloo Mayor and City Council: RE: Engineering Contract Kapaun Consulting Engineers, WMS Admin Building HVAC project Project description and discussion The WMS admin building HVAC unit (air conditioning) portion became inoperable this past summer. To provide AC, two portable units were utilized at several of the doorways. Because of the amount, it was necessary to provide biddable specifications. To accomplish this task, Kapaun consulting was contacted. In preparation of the contract to prepare the biddable specifications, it was discovered that the original units were not properly designed to handle the HVAC loads for the building. In addition,the HVAC units need to also be able to handle the multiple exhaust fans in the laboratory. This project is to put together biddable specifications to replace the deficient HVAC system and exhaust fans for the laboratory. The fees for this project cover the redesign and engineering to properly replace the HVAC units for the building. Funding 520-14-5200-1312 Funding for the engineering fees for this project will be from: 520-14-5200-1312 Sanitary Sewer Fund, Engineering/Planning/Consulting services. Page 110 of 259 ®© Kapaun Consulting Engineers, P.C. Professional •Mechanical • Electrical Engineering Consultants Mr.John Hyman Director of Maintenance Waterloo Waste Water Treatment Plant 3505 Easton Avenue Waterloo,Iowa 50702 25 November 2017 RE Waterloo Waste Water Treatment Plant Administration Building HVAC Upgrade Project Dear Mr.Hyman, Attached you will find a proposal for engineering services for the proposed Waterloo Waste Water Treatment Plant-Adminstration Building HVAC Upgrade project for the Waterloo Waste Water Treatment Plant located in Waterloo,Iowa.The fee proposal is for a'Lump Sum°amount of$26,655.00 which includes the costs for document reproduction. Thank you for the opportunity to be of service to the Waterloo Waste Water Treatment Plant. Please contact me if you have any questions. Sincerely, ��Y Joseph R. Kapaun, P.E. P.O. Box 537• 138 Eldora Road• Hudson,Iowa 50643 • 319-988-9234•FAX 319-988-9877 Page 111 of 259 lKapaun Consulting Engineers,P.C. Professional •Mechanical•Electrical•Engineering Consultants PROPOSAL WATERLOO WASTE WATER TREATMENT PLANT ADMINISTRATION BUILDING—HVAC UPGRADE 25 November 2017 PROPOSAL NO. 17-42 1. SCOPE OF PROJECT Provide mechanical and electrical engineering services for the proposed Waterloo Waste Water Treatment Plant Adminstration Building HVAC Upgrade project for the City of Waterloo Waste Water Treatment Plant Adminstration Building located in Waterloo, Iowa. Services to be provided include site visits, developing drawings and specifications to be issued for a competitive bid and Contract Administration.The drawings and specifications will be signed and sealed by a licensed Professional Engineer licensed in the State of Iowa. 2. ENGINEERING FEES The engineering fees for the project will be provided on a Lump Sum basis,which includes the costs of document reproduction. The`Lump Sum' amount is$26,655.00. Fees will be billed on a monthly basis according to the fee schedule listed below. Engineer 125 $/Hour Engineering Technician 95$/Hour Clerical 45$/Hour P.O. Box 537 • 138 Eldora Road•Hudson,Iowa 50643•319-988-9234 •FAX 319-988-9877 Page 112 of 259 ®® Kapaun Consulting Engineers,P.C. Professional - Mechanical - Electrical -Engineering Consultants ENGINEERING MAN HOUR ESTIMATE Eng Clerical Tech Engineer A. SITE VISITS/DRAWING REVIEW 20 B. DESIGN MEETINGS/OWNER REVIEW 6 C. DRAWINGS MEP1 -SYMBOLS/ABBREVIATIONS 1 MEP2-ROOF PLAN 6 4 MEP3-SCHEDULES/DETAILS 14 8 MEP4 MECHANICAL/ELECTRICAL 20 6 DEMOLITION PLAN M5-NEW MECHANICAL PLAN 20 12 E5-NEW ELECTRICAL PLAN 12 6 D. SPECIFICATIONS 16 16 E. CONTRACT ADMINISTRATION PRE-BID MEETING 1 2 BID LETTING 1 CONTRACTS 20 8 PRE-CONSTRUCTION MEETING 1 2 PROJECT MEETINGS(6) 6 12 SHOP DRAWING REVIEW 10 6 SUBSTANTIAL COMPLETION INSPECTION 6 6 FINAL INSPECTION 1 2 RECORD DOCUMENTS 12 8 2 TOTAL 73 81 119 F. TOTAL HOURS DOCUMENT REPRODUCTION $ 800 CLERICAL 73 HRS x 45$/HR= $ 3,285 ENGINEERING TECHNICIAN 81 HRS x 95$/HR $ 7,695 ENGINEER 119 HRS x 125 $/HR 14,875 $26,655 Total Fee Amount: $26,655.00 P.O. Box 537 - 138 Eldora Road- Hudson,Iowa 50643 - 319-988-9234-FAX 319-988-9877 Page 113 of 259 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Lodge Construction of Clarksville, Iowa, at a total cost of$157,550.75, in conjunction with the FY 2016 Sherwood Recreation Area, Phase II Improvements. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 12/6/2017 - 9:50 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 10:27 AM ATTACHMENTS: Description Type ❑ Certificate of Completion Backup Material Resolution approving Completion of Project and Recommendation of SUBJECT: Acceptance of Work performed by Lodge Construction of Clarksville, Iowa, at a total cost of$157,550.75, in conjunction with the FY 2016 Sherwood Recreation Area, Phase II Improvements. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services Recommended Action: It is recommended that the project be accepted and that Council approve the "Statement of Completion and Final Acceptance of Work". Summary Statement: I report that Lodge Construction of Clarksville, Iowa has completed the above referenced project in accordance with the plans and specifications. Policy Issue: Strategy 4.5: Quality of Place Page 114 of 259 MEMORANDUM RITLAND+KUIPER LANDSCAPE ARCHITECTS Project: Sherwood Recreation Area - Phase 2 City Contract No. 904, Waterloo, Iowa Date: December 6, 2017 To: Travis Nichols, Waterloo Leisure Services From: Mark Kuiper, ASLA, LEED AP Subject: Certification of Substantial Completion This letter is to certify that the work performed under this contract has been reviewed and found, to the Landscape Architect's best knowledge, information, and belief, to be complete in accordance with the Contract Documents and specifications related to this project. Please let us know if you have any questions. Thank you, f 44 Mark Kuiper, ASLA, LEED AP Principal RITLAND+KUI PER LANDSCAPE ARCHITECTS 501 SYCAMORE STREET • MEZZANINE A • WATERLOO, IOWA 50703 • 319.233.8090 • www.ritiandkuiper.com Page 115 of 259 CITY OF WATERLOO Council Communication Resolution approving an amendment to a Development Agreement with Taylor Ventures, LLC to amend dates due to new timeline of project, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/6/2017 - 10:57 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 2:31 PM ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material Resolution approving an amendment to a Development Agreement with SUBJECT: Taylor Ventures, LLC to amend dates due to new timeline ofproject, and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The amendment is due to a change in the timeline of the project and also to the timeline of the Minimum Assessment Agreement. Section 3 of the DA and Section I of the MAA are each amended to strike"December 31, 2019" therefrom and to substitute"August 31, 2020"in place thereof. Also strike "January 1, 2018"therefrom and substitute "September 1, 2018". Section 2 of the MAA is also amended to strike "December 31, 2032"and January 1, Summary Statement: 2033„therefrom, and to substitute"August 31, 2033" and September 1, X033 m place thereof, respectively. The original development agreement was approved by the City Council on February 15, 2016 by Resolution No. 2016-121. Taylor Ventures would like an extension due to unforeseen health circumstances that arose since the development agreement was originally approved. They are still planning to move forward with the project in the very near future. Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Legal Descriptions: Tower Park No 6 Lot 2, City of Waterloo, Black Hawk County, State of Iowa. Page 116 of 259 Preparer Information: Adrienne Miller, 715 Mulberry Street,Waterloo, IA 50703 (319)291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER 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 Taylor Ventures, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated February 15, 2016 (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 (the "MAX) pertaining to the Property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2016-18700. B. The parties desire to amend the DA and MAA on the terms set forth herein to extend the time for Company to complete the Project. AGREEMENT 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. Section 3 of the DA and Section 1 of the MAA are each amended to strike "December 31,2019" therefrom and to substitute "August 31, 2020" in place thereof. Also strike "January 1, 2018" therefrom and substitute "September 1 2018" Section 2 of the MAA is also amended to strike "December 31, 2032" and Page 117 of 259 January 1, 2033" therefrom and to substitute "August 31, 2033" and September 1, 2033" in place thereof, respectively. 2. Except as amended herein, the DA and MAA shall continue unmodified in fill force and effect. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterpart, 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 Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA COMPANY By: By: Quentin Hart, Mayor Tom Taylor, Taylor Ventures, LLC Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public Page 118 of 259 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 12017 by Tom Taylor. Notary Public Page 119 of 259 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. I to the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $57,500 in conjunction with the Virden Creek Levee Improvements Project, and authorize the Mayor to execute said document. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 12/6/2017 - 11:00 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 2:38 PM ATTACHMENTS: Description Type Virden Creek Levee Improvements_Supp Agreement Cover Memo No. 1 Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with AECOM Technical Services. Inc. of Waterloo. SUBJECT: Iowa, in an amount not to exceed $57,500 in conjunction with the Virden Creek Levee Improvements Project, and authorize the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, Associate Engineer Summary Statement: See the attached agreement for Scope of Services. Expenditure Required: not to exceed $57,500.00 Source of Funds: G.O. Bonds Page 120 of 259 _ AECOM 319-232-6531 tel C0m 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO VIRDEN CREEK FLOODWALL U.S. HIGHWAY 63 TO 4TH STREET SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated June 27, 2011, for increasing the flood protection level of the Virden Creek channel and earthen levee from U.S. Highway 63 to Gates Park near 4th Street in Waterloo, Iowa; and WHEREAS, the Client and :ATS now desire to enter into Supplemental Agreement No. 1 for additional design, including collecting additional stream channel data, completing a hydrologic review of the project area and preparing a hydraulic model of the stream using the new data. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. Project Description The original agreement between AECOM and the City of Waterloo for the Virden Creek Floodwall Project assumed that the existing HEC-2 hydraulic model for this reach of Virden Creek could be obtained from the U.S. Army Corps of Engineers or Iowa DNR. After numerous unsuccessful attempts by both AECOM and the City to obtain this model, it was requested that AECOM obtain the appropriate information and recreate the duplicate effective HEC-2 hydraulic model in HEC-RAS. The HEC-RAS model will be utilized in the preparation of the appropriate permits, LOMB and bid documents. Also, during the geotechnical investigation, it was determined that the existing levees surrounding the Virden Creek channel are constructed with sandy soils. This material is prone to seepage issues which could be detrimental to the proposed floodwall. AECOM will extend the existing concrete channel lining to the proposed wall to armor the entire channel and negate the possible effects of seepage. This change in site conditions will require additional design services. II. Scope of Services The Scope of Services for this supplemental agreement will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to collect additional stream channel data,flow line and structure data, complete a hydrologic review of the project area, and prepare a hydraulic model of the stream using the new data. The work will also include development of the necessary regulatory permits, preparation of a LOMR and coordination with the corresponding regulatory agencies. This scope also includes design of concrete channel lining for the unlined portion of the channel and includes any additional earthwork design to allow for the channel lining installation. Quality control reviews are also included for these extra work items. The following identifies tasks leading to the completion of the additional work in this supplemental agreement: Task 1 - Data Collection/Base Mapping Development. Field survey will be completed to obtain cross section and structure information along Virden Creek for use in developing the hydraulic model. Page 121 of 259 �com Page 2 Task 2 - Hydrologic Review. The current hydrology of Virden Creek will be reviewed. It is intended that the hydrology used in the modeling will match that of the current FIS. Task 3 - Hydraulic Model Development/FIS Correlation. HEC-RAS software will be used to prepare the hydraulic model for this reach of Virden Creek. After model development, the HEC-RAS corrected effective model will be checked against the latest FIS mapping to review how they correlate with each other. The corrected effective HEC-RAS model will become the existing conditions model that will be used for proposed condition comparisons. Task 4 - Permit Development/Regulatory Coordination. USACE Section 404 and IDNR Floodplain permits will be prepared and submitted to the appropriate regulatory agencies for review. AECOM will work with the agencies during the review process to ensure all required information is provided in a timely manner. Task 5 - LOMR Preparation and Coordination. A Letter of Map Revision (LOMR) will be prepared and submitted to FEMA for review and approval. This task will require a LOMR fee to be paid by the City of Waterloo prior to application submittal. Task 6 - Additional Design. Channel lining will be designed to armor the unlined portion of the existing channel. This will require grading design to be completed to allow for the new channel lining installation. Task 7 - QC Review and Administration. Reviews of Tasks 1-6 will be completed to ensure the information being provided to the appropriate regulatory agencies and included in the bid documents is complete and correct. ASSUMPTIONS 1. The hydraulic modeling will result in a 100-year flood elevation that is similar to the FIS elevations that were used to set the current wall design heights so no significant wall re-design will be necessary. 2. No USACE Section 408 review is required. Only a FEMA LOMB review of the modeling will be required. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement. The estimated fee is Fifty-Seven Thousand Five Hundred Dollars ($57,500.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated June 27, 2011. Page 122 of 259 �Com Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By-zl Date November 16, 2017 Douglas hindel, P.E. Associate ice President APPROVED FOR CITY OF WATERLOO By: Date Quentin Hart Mayor O:Wdministration\AGREE\SUPPLE\SAi WatVirdenCreekFloodwall.doc Page 123 of 259 CITY OF WATERLOO Council Communication Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of$750,000 with a$750,000 city match for aesthetic enhancements on the University Avenue Reconstruction Project. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 12/6/2017 - 10:54 AM Clerk Office Even, LeAnn Approved 12/6/2017 - 2:33 PM ATTACHMENTS: Description Type ❑ Enhancements Summary Backup Material Resolution approving submission of grant application to Black Hawk SUBJECT: County Gaming Association in the amount of S750.000 with a$750,000 city match for aesthetic enhancements on the University Avenue Reconstruction Project. Submitted by: Submitted By: Jeff Bales,Associate Engineer Recommended Action: Approve submittal of BHCGA grant application. The proposed aesthetic enhancements for University Avenue Reconstruction Project could include street trees, plantings,bus shelters,benches, bike racks, banners, gateway features, refuge islands, enhanced crosswalks and corners,pedestrian lighting, storm water bio-swales, intersection markers and wayfinding signage. The enhanced crosswalks and comers will include Summary Statement: decorative painted crosswalks, stamped/colored concrete enhancements, and plantings at the comers. Pedestrian lighting will be included as needed to enhance safety and encourage pedestrian and bicyclists to the corridor. Storm water bio-swales will be installed along the corridor when possible to improve water quality. Intersection markers and wayfinding signage are proposed to assist all users along the corridor. Estimated Total Enhancments Cost= $1.5 Million Amount of BHCGA Funds Requested= $750,000 Expenditure Required: Amount of City Matching Funds =$750,000 Source of Funds: The City matching funds will be paid out of the University Avenue Transfer of Jurisdiction Funds. Page 124 of 259 Page 125 of 259 0 0 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 O O O 00 00 N O O O O O O O M Ol O Ln O Ln N n O O O O O O 00 O O r-I O rrl 00 r-i O O O m I- O N N l0 m m N r1 -1 00 O Ln Ln Q! -1 N r-I Vlj� r1 t/1- t/? t/} c-1 m N N Ln -i W E t/} Vh t4 t/} V} to t4 t/? E m O U O +' Q L 07 +, N O a+ on H Ln u H u u O m N 00 00 00 W LM M N r-I r-I r-I O N M M M M M M M M M M M N r4 Ny O C C L Cfl U U U 0 CV c r O -0 M Ln Ln Ln Ln Ln Ln m Ln M m Ln m m O a v m m m m m m m m m m m m m U aj N N N N N N N N N N N N N C aj E �..) ? m 0 U t+ C m v + E C QJ U QJ E m m N N V� U V LE 7 m m 0 + IA- N O M C Ou d—M-1 �a-1V} a)V)- t/} t/} t/ V1n t/} Vh to O- 3 uD C 0 Q1 C QJ E m v LE in o t�o C 6 — vi m a c o ,o + c to to to V� tai Q Lno o v V} th th ih V} V} t/)- ih to L 00 m u C N m LO C C N C L C + O C a O Q c ai C M E '� QJ II -0 Q a`r E u rl v v o v o o o o v O v 0 M ° _0 Z Z Z Z Z} Z r Z° m m o C O - o 0 o }' L U u m O C C w i w w V ai m m 4Z 0' C _ N N -0 WC + Q) a1 a1 m "O ON v v� to to in ? to to E Kw O +Qj N N N N O O O N rB r0 O = -O •> z z Z O Z O > n Qi O v II O c aj Vn > n O C7 E Vt ai Ln V) + m t/ U oate+ U t/} LA a) r6 i - -O tn' 7 ra a) c dA 3 In cc O C VI O Q1 y r6 G ++ U C U + N Q bD 0 N 3 v `m ai nA U U Q� } a� p rn m a E T m c o p +, v _ ,� L o o ar a, ro *' 0C `n `, T O � a rn > a 4'Z N C U U m v — m v C C - I }, }, w w SZ QJ 41 ? 0 -6 C C > C aJ M aJ aJ aJ LC C r6 r6 O O t O O II O o w w rn o o C7 a m u w Z rz Z Z to Z CITY OF WATERLOO Council Communication An Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5 Chapter 2 Section 13 Fireworks. City Council Meeting: 12/11/2017 Prepared: 11/8/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 11/8/2017 - 3:49 PM ATTACHMENTS: Description Type ❑ Ordinance Backup Material Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, SUBJECT: Chapter 2, Section 13-Fireworks. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 127 of 259 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. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. 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-4 of this code. E. Sales: It shall be unlawful to sell consumer or display fireworks in any location within the city limits of the City of Waterloo except areas zoned M-1 Light Industrial, M-2 Heavy Industrial District, or M-2,P Planned Industrial District, as outlined by City of Waterloo Zoning Ordinance No. 5079. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this code. F. 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 128 of 259 CITY OF WATERLOO Council Communication An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 3, Electrical Regulations of Title 9, Building Regulations. City Council Meeting: 12/11/2017 Prepared: 11/30/2017 REVIEWERS: Department Reviewer Action Date Building Department Even, LeAnn Approved 11/30/2017 - 1:58 PM ATTACHMENTS: Description Type ❑ Ordinance 5392 Proposed Updates to Electrical Backup Material Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by SUBJECT: amending Chapter 3, Electrical Regulations of Title 9, Building Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted by: Submitted By: Greg Ahlhelm, Building Official Adopt ordinance amending the 2007 code of ordinance of the City by Recommended Action: adopting the 2017 Edition of the National Electric Code. The City currently operates under the 2014 National Electric Code. Page 129 of 259 Prepared by LeAnn M.Even,Deputy City Clerk,City of Waterloo,715 Mulberry Street, Waterloo,IA 50703,(319)291-4323. ORDINANCE NO. 5392 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 3, ELECTRICAL REGULATIONS, CHAPTER 4, PLUMBING REGULATIONS; ARTICLE A, PLUMBING CODE; ARTICLE B, PLUMBING BOARD FOR LICENSING AND APPEALS; AND ARTICLE C., PLUMBING CONTRACTORS, AND CHAPTER 5 HEATING, AIR CONDITIONING AND VENTILATION; ARTICLE A, MECHANICAL CODE; ARTICLE B, MECHANICAL BOARD FOR LICENSING AND APPEALS; AND ARTICLE C., MECHANICAL CONTRACTORS AND ENACTING IN LIEU THEREOF NEW CHAPTER 3,ELECTRICAL REGULATIONS, CHAPTER 4, PLUMBING REGULATIONS; ARTICLE A, PLUMBING CODE; ARTICLE B, PLUMBING BOARD FOR LICENSING AND APPEALS; AND ARTICLE C., PLUMBING CONTRACTORS, AND CHAPTER 5 HEATING, AIR CONDITIONING AND VENTILATION; ARTICLE A, MECHANICAL CODE; ARTICLE B, MECHANICAL BOARD FOR LICENSING AND APPEALS; AND ARTICLE C., MECHANICAL CONTRACTORS, ALL OF TITLE 9, BUILDING REGULATIONS. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 3, Electrical Regulations, Chapter 4, Plumbing Regulations; Article A, Plumbing Code;Article B,Plumbing Board for Licensing and Appeals;and Article C.,Plumbing Contractors, and Chapter 5 Heating, Air Conditioning and Ventilation; Article A, Mechanical Code; Article B Mechanical Board for Licensing and Appeals; and Article C., Mechanical Contractors, all of Title 9,Building Regulations,are hereby repealed in their entirety; that a new Chapter 3, Electrical Regulations, Chapter 4,Plumbing Regulations; Article A,Plumbing Code; Article B,Plumbing Board for Licensing and Appeals;and Article C.,Plumbing Contractors,and Chapter 5 Heating, Air Conditioning and Ventilation; Article A, Mechanical Code; Article B Mechanical Board for Licensing and Appeals; and Article C., Mechanical Contractors, all of Title 9,Building Regulations of the 2007 Code of Ordinances of the City of Waterloo,Iowa, are hereby enacted in lieu thereof as follows: CHAPTER 3. ELECTRICAL CODE ARTICLE 1. ELECTRICAL REGULATIONS,GENERALLY SEC.9-3-1. TITLE. This ordinance shall be known as the Waterloo Electrical Code,may be so cited and may be referred to hereinafter as the"Code". SEC.9-3-2. PURPOSE AND SCOPE. It is the purpose of this ordinance to adopt an electrical code by reference, including Page 130 of 259 Ordinance No.5392 Page 2 provisions for the inspection and regulation of electrical installation, issuance of permits, the collection of fees,and to provide penalties for violations of this ordinance in order to protect the public health,safety,and welfare. The provisions of this code shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo,Iowa. SEC.9-3-3. DEFINITIONS. The following words,terms and phrases,when used in this Code,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: (a) Appeal board means the board created in section 11-31. (b) Approved by the electrical inspector means found by the inspector to comply with the requirements of this ordinance and,in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established in this ordinance and the National Electrical Code and National Fire Protection Association Standards. (c) Electrical contracting means undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. (d) Electrical contractor means any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. (e) Electrical equipment means all electrical materials, wiring, conductors, fitting, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. (f) Electrical maintenance work shall mean the repair of the existing electrical equipment,or limited replacement and extensions of branch circuits as determined by the Chief Electrical Inspector. (g) Electrical work shall mean all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above,over 25 volts,and wiring systems through, or by which is conveyed, or intended to be conveyed, electrical current in, above, or under any building, structure, tent, or premises, public,or privately owned,in the City of Waterloo,Iowa. (h) Electrician means any person doing electrical work for an electrical contractor. (i) Examining board means the board created in section 11-31. (j) Licensed or qualified person means any person who has been examined and licensed by the examining board and has its approval to install, remove, alter or make additions to any electrical work in the city. (k) Shall mean that the act to be performed is mandatory. SEC.9-3-4. RULES OF CONSTRUCTION. Page 131 of 259 Ordinance No.5392 Page 3 In this ordinance certain terms shall be construed as follows: (a) Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests. (b) Building classification and occupancy shall be determined from the City Building Code and the City Zoning Ordinance. SEC.9-3-5. NATIONAL ELECTRICAL CODE ADOPTION. (a) The 2442017 Edition of the National Electrical Code,including Article 90,Chapters 1 through 9,and Annex A,B,C,D and H,inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. SEC.9-3-6. NATIONAL ELECTRIC CODE AMENDMENTS. The provisions of this section specify certain amendments, by deletion, addition, or substitution of the X42017 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration, or exception is deleted, only the specific article, subsection, enumeration, or exception is deleted. Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and exceptions)are deleted. (a) Amendments to 24142017 NEC Chapter 2 Amendments: (1) 210.8(A)(2) Add the following exceptions to section 210.8, paragraph (A), subparagraph(2): a. Exception No.l to(2): Receptacles not readily accessible. b. Exception No.2 to (2): A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use,is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or(A)(8). c. Receptacles installed under the exceptions to 210.8(A)(2)shall not be considered as meeting the requirements of 210.52(G). Where readily accessible,receptacle shall be labeled as being non-GFCF'. (2) 210.8(A)(5) Add the following exceptions to section 210.8, paragraph (A), subparagraph(5): a. Exception No.2 to(5):Receptacles that are not readily accessible. b. Exception No. 3 to(5):A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6),(A)(7),or(A)(8). c. Receptacles installed under the exceptions to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). Where readily accessible,receptacle shall be labeled as being non-GFCP'. Page 132 of 259 Ordinance No.5392 Page 4 0)(3) 210.12{B)(D)is amended by deleting section 210.12 (B)(D).Delete section 210.1200(D). (5) 220.12 is amended by deleting the exception to section 220.12 and insert in lieu thereof the following exception: EXCEPTION: Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. (6) 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) through (4) in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted to be uninsulated if it is part of a service entrance cable assembly. (7) "230-43. Wiring Methods for 1000 Volts, Nominal, or Less, is amended by deleting items (1) and (6), and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs: "Only items (3)Rigid, metal conduit and(4)Intermediate metal conduit may be concealed." (8) 230-50(A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground." (9) 250.52(a)(5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2.5m(8 ft.)in length,not less than 15.87mm(5/8 inch)in diameter,and shall be copper clad or equivalent." (1 0)250.70 Methods of(`_rounding and Beading!'.,n,7..,.r..« Germeetion to Fleetrodes,isa„e,Red by deleting item(1), i'"afn rt Z/zthe words,"of plain vrmalleable ir-en,"&iQ fentimber-ing the b iteffis as iteffis(1) b 0(10)250.118 Delete Items#5,#6 and#7 and insert the following: (5)All listed flexible metal conduit shall contain a wire type equipment grounding conductor. (6)All listed liquid tight flexible metal conduit shall contain a wire type equipment grounding conductor. (7)All flexible metallic tubing shall contain a wire type equipment grounding conductor. 2014 NEC Chapter 3 Amendments (1) 300.13(B) Device Removal is deleted in its entirety and the following is substituted therefore: "(B)Device Removal.In all circuits the continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity." Page 133 of 259 Ordinance No.5392 Page 5 (2) 310.15(b)(7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders),is deleted in its entirety. 2014 NEC Chapter 4 Amendment (1) 406.4(D)(4) is amended by deleting section 406.4(D)(4). Delete section 406.4(D)(4). 2014 NEC Annex H AMENDMENTS SEC.9-3-7. 80.9(C)Additions,Alterations,or Repairs is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to,or revamp any residential service less than 60 ampere electrical service. 80.13 Authority, subparagraph (13), is amended by inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days." 80.15 Electrical Board,is deleted in its entirety and the following is substituted therefore: ARTICLE 2. BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership;Appointment of Members;Term of Office (a) Establishment of the Board. There is hereby established a Board of Electrical Examiners and Appeals,hereinafter referred to as the 'Board,"with authority and responsibility as follows: (1) To act as a Board of Appeals as provided in the Waterloo Electrical Code. (2) To periodically review the provisions of the Waterloo Electrical Code and make recommendations to the Building Official for improving and updating said documents. (b) Composition of the Board. The Board shall consist of five(5)members,all of whose place of business, residence, or work is located in the City of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows: Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the City, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the Board. Said Board shall serve without compensation. (c) Appointment of Members and Terms of Office. The members of the Board of Electrical Examiners and Appeals shall be appointed by the Mayor with the approval of the City Council. After initial appointment of the Board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more that two members shall expire any one year. A vacancy within any term shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of that term only. Page 134 of 259 Ordinance No.5392 Page 6 Powers and Duties of the Board The Board of Electrical Examiners and Appeals shall have the following powers and duties: (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the Board. (b) To keep a complete record of the official proceedings of the Board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years. (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo Electrical Code,and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo Electrical Code. Meetings:Records (a) All meetings of the Board of Electrical Examiners and Appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the Board shall require a majority vote of all members of the Board. (c) The Board shall annually elect one of its members as chairperson of the Board. (d) The secretary of the Board shall keep a record of the Board meetings and register the names and residences of all persons examined by the Board and the kind of electrical license issued to each,if any. Right of Appeals Any person shall have the right to appeal any decision of the electrical inspector to the Electrical Board of Examiners and Appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector's decision. The Board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen(15)days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal,the Board may sustain or overrule the decision of the electrical inspector. Decision of the Board shall be final unless appealed to the courts as by law provides. 80.19(a)is amended by adding the following line item#3: Permit for Installation by Homeowner 3. A permit application may be submitted by the homeowner and, upon approval and payment of required fees,an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance,and without help from persons other than family members. If at any time during the permit or inspection process, the Chief Electrical Inspector Page 135 of 259 Ordinance No.5392 Page 7 determines the homeowner is unqualified to perform the electrical work,the homeowner will be required to hire a licensed electrical contractor to perform the electrical work. 80.19(c 1)is amended by adding the following sentence at the end of the section: A permit is not required for these repairs if the cost of the repairs does not exceed $300.00. 80.19(e)is amended by adding the following: Fees (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the City of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current. (b) Inspection fees shall be paid in such amounts as established by Resolution by the city council. Inspections 80.19 (f) Inspections and Approvals, subparagraph(3), is amended by deleting the words "or until days have elapsed from the time of such notification". 80.23 (b)Penalties,subparagraph(3),is deleted in its entirety. 80.25(c)Notification is deleted in its entirety. 80.27 Inspector's Qualifications is amended by deleting said section in its entirety and substituting the following therefore: 80.27 Inspector's Qualifications. ARTICLE 3. ELECTRICAL INSPECTOR Appointment;Qualifications (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private and, as provided in this ordinance,to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the Civil Service Commission, have been recommended to said position by the Building Official, appointed by the Mayor, and confirmed by the majority of all members of the City Council. (c) The appointee shall: Page 136 of 259 Ordinance No.5392 Page 8 (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an electrical inspector, or,in lieu of such experience,shall be a graduate in electrical or mechanical engineering of a college or university considered by the Personnel Director as having suitable requirements for graduation, and shall have had two years of practical electrical experience;and (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment;and (3) Be well versed in improved methods of construction for safety to persons and property,the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the National Electrical Code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the State of Iowa or shall be required to pass an examination prior to his/her appointment. (e) He/she shall hold membership in the International Association of Electrical Inspectors. Section 80.28 Licensing is added as follows: (a) License Required 1. Electrical licenses shall be governed by Iowa Code Chapter 103, Electricians and Electrical Contractors(2008). (b) State of Iowa Class B License.All State of Iowa Class B Journeyman's license will be accepted by the City of Waterloo. A State of Iowa class B Master electrician's license will be accepted if the electrician has held a Waterloo license after January 1, 1990. (c) If you have a State of Iowa electrical contractor's license and wish to pull a permit in the City of Waterloo,a one-time registration fee of$150.00 will be charged if you have never held a City of Waterloo license. (d) Licenses are not transferable,nor shall they be loaned or rented. SEC.9-3-8. PENALTY,ABATEMENT OF VIOLATIONS. (a) Any person violating any provision of this ordinance shall be deemed guilty of a municipal infraction and,upon conviction thereof,shall be punished accordingly. (b) If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this ordinance. (c) The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this ordinance or the National Electrical Code, or the omission or failure to perform any act or duty required by this ordinance or the National Electrical Code, is, unless another penalty is specified,punishable as provided in Page 137 of 259 Ordinance No.5392 Page 9 sections 1-15 through 1-17 of the Waterloo code. SEC.9-3-9. APPLICABILITY OF ORDINANCE TO EXISTING BUILDINGS. (a) If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes. If other areas of the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes. (b) If the type of occupancy of an existing building is partially or entirely changed,the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. SEC.9-3-10. MOVED BUILDINGS. (a) Residential moved buildings shall be brought into compliance with the electrical requirements of new residential-type buildings. Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems. (b) Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this Code the same as for new construction. (c) The permanent service connection shall not be made by the power company until the electrical system is completely installed,and is approved by the inspector. (d) The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. SEC.9-3-11. DISCLAIMER. This ordinance shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or re-inspection authorized in this ordinance or the certificates of approval issued as provided in this ordinance, or by reason of the approval or disapproval of any equipment authorized in this ordinance. SEC.9-3-12.LIABILITY OF ELECTRICAL INSPECTOR. The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties. Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this ordinance shall be defended by the city. SEC.9-3-13. RESERVED. SEC.9-3-14. UNLAWFUL CONNECTIONS. It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be disconnected by the electrical inspector,until inspected and approved by the electrical inspector. Page 138 of 259 Ordinance No.5392 Page 10 SEC.9-3-15. INSPECTION OF WIRING REQUIRED PRIOR TO INSTALLATION OF METER. It shall be unlawfiil for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current. SEC.9-3-16. ALTERATION OF IDENTIFICATION OR RATING MARKINGS. It shall be unlawful to cover, remove, alter, change, or deface the maker's name or identification mark or any of the rating markings on electrical equipment. SEC.9-3-52. CONFLICT OF INTEREST. It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales,installation or maintenance of electrical equipment either,directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo,at any time,while holding said offices. CHAPTER 4 PLUMBING REGULATIONS 9-4-1: TITLE: This chapter shall be known as the WATERLOO PLUMBING CODE and may be so cited and may be referred to hereinafter as"the code"or"this code". 9-4-2: APPLICATION AND SCOPE: The provisions of this chapter shall include and apply to all plumbing work, plumbing installations and plumbing equipment hereinafter installed, constructed, altered, serviced or repaired in, for or about any new, remodeled or relocated building or structure in the city. 9-4-3:PLUMBING INSPECTOR: A. Appointment: The plumbing inspector shall be appointed by the mayor and city council after being tested by the civil service commission and upon recommendation by the building official,and shall work under the direction of the building official. B. Qualifications: 1. The appointee shall be a licensed practical journeyman or master plumber with not less than ten (10) years' experience; shall possess a certificate of competency issued by the city or must submit to an examination of competency administered by the city board of plumbing examiners;shall possess a valid driver's license; shall possess such executive ability and requisite for the performance of required duties; shall have thorough knowledge of the standard materials and methods used in the installation and maintenance of plumbing equipment; shall be well versed in improved methods of construction for safety to persons and property,the statutes of the state relating to sanitation and plumbing and any orders,rules and regulations issued by authority thereof and in the Uniform Plumbing Code. 2. The plumbing inspector shall hold a current journeyman plumber's license with the city and shall be required to pass an examination for journeyman prior to appointment. Page 139 of 259 Ordinance No.5392 Page 11 C. Powers And Duties: 1. The plumbing inspector is empowered to inspect any and all buildings or structures, public or private,and to, as herein provided, condemn, and order removed or remodeled and put into proper and safe condition all plumbing and plumbing related items for the protection of the public health,safety and welfare. 2. The plumbing inspector shall have power under the direction of the building official to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to matters in this chapter or not specifically covered thereby. 3. The plumbing inspector shall keep records of sewer connections from city main(s)to the property line and from the property line to each building connected to city services. 4. The Plumbing Inspector shall be the code and administrative authority for the administration of the plumbing code of the city. D. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this plumbing code, or whenever the plumbing inspector or authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the plumbing inspector or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon by this chapter, provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied,they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the plumbing inspector or their authorized representative shall have recourse to every remedy by law to secure entry. E. Unlawful Activities: It shall be unlawful for the plumbing inspector to engage in the business of the sales, installation or maintenance of plumbing equipment, either directly or indirectly, and the inspector shall have no financial interest in any concern engaged in such business in the city,at any time while holding office as herein provided for. 9-4-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Whenever it shall come to the knowledge of the plumbing inspector that the plumbing in a building causes a nuisance or may cause disease, sickness, or otherwise becomes a hazard to health, it shall be the duty of said inspector to make an inspection of such plumbing and render a report to the proper party, setting forth the necessary repairs or alterations required to make such plumbing conform to this chapter. The inspector shall set a limit of time in which such repairs or alterations are to be made, and upon the refusal or neglect of the owner,agent,lessee or tenant to comply with said notice within the time stated, the plumbing inspector shall cause such repairs or alterations to be made and such nuisance abated and the expense of such work shall be taxed against such property and become a prior lien thereon; or the inspector may order the premises vacated and closed to further occupancy until such time as the required repairs or alterations have been made. 9-4-5: MAINTENANCE AND REPAIRS OF DOUBLE OR MULTIPLE HOUSE SEWER CONNECTIONS: A. When it shall become necessary to make any repairs or to make any replacements or in the event of any cost of maintenance of a double or multiple house sewer between the main sewer and the lot line from which such multiple connections are extended, the owner of each structure, residence or building served by such double or multiple house sewer shall pay their proportionate share of the expenses of such repair,replacement or maintenance cost. Such double Page 140 of 259 Ordinance No.5392 Page 12 or multiple sewer shall be construed to mean from the branch opening where the individual sewers enter the double or multiple house sewer to the point of connection at the city sewer. B. In the event the owner of each structure,residence or building served by such double or multiple house sewer shall fail to maintain or repair the same or to make any replacements in the same and to pay their proportionate share of expense incident thereto, the city shall have the power to order said replacements,repairs or maintenance,as the case may be,and the actual cost thereof shall be assessed against such property by certifying to the county auditor for collection as other special taxes. 9-4-6: WORK REQUIRING PERMIT OR APPROVAL: No building or premises shall tap any water or sewer main or have installed any private building sewer, water service, private sewage disposal plant or private water system or have connections, extensions,replacements, removals or additions of any nature to the sanitary plumbing or water supply system or disconnection of any fixture or change in the plumbing system before notifying the plumbing inspector or his assistant and securing a perinit or authority to proceed with the work. 9-4-7: INSTALLATION BY OWNER: In cases where the owner/occupant desires to do plumbing work in the owner's own residence, said owner shall make payment of required fees and a plumbing permit shall be issued. Said permit authorizes the owner only to do plumbing work in the dwelling or unit owned and occupied by said owner without licensing, certificate of insurance or help from other than family members. Said person performs all labor in connection therewith,has the necessary inspections made and complies with chapter requirements. 9-4-8:NOTIFICATION FOR INSPECTION: A. It shall be the duty of the permit holder to notify the inspector that his work is ready for inspection or test.All inspections require twenty four(24)hours'notice. B. It shall be the duty of the permit holder to make sure the work will stand the test prescribed before giving notification. C. If the inspector finds that the work will not stand a required test, or corrections are required,the plumber shall be required to notify the inspector when the necessary corrections are complete for re-inspection. If corrections are still required, the plumber shall make corrections, notify the inspector for re-inspection and pay a re-inspection fee. D. If the inspector fails to appear within twenty four (24) hours, during normal working hours, of the time set for each inspection or test, the inspection or test shall be deemed to have been made; but the plumber doing the work shall be required to file an affidavit with the plumbing inspector that the work was installed in accordance with the ordinance and permit,and that it was free from defects and that the required test had been made and the system was found free from leaks. 9-4-9:APPLICABILITY TO EXISTING BUILDINGS: If an existing building is damaged by fire or otherwise or altered in a manner to require the replacement of fifty percent(50%) or more of the structure as determined by the authority having jurisdiction,the entire building shall conform to this chapter's requirements for new buildings. ARTICLE A. PLUMBING CODE 9-4A-1: UNIFORM PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the plumbing code of the city, that certain plumbing code known as Uniform Plumbing Code, 2015 Edition, and any further regulations or requirements of the state plumbing code, and the provisions of said plumbing code shall be Page 141 of 259 Ordinance No.5392 Page 13 controlling in the construction and maintenance of plumbing and in all other matters covered by said plumbing code within the city. 9-4A-2:AMENDMENTS: Section 102.3 of the Uniform Plumbing Code is amended by adding Section 102.3.3 as follows: 102.3.3 Municipal Infraction. 102.3.3.1 Any person,firm,or corporation failing to comply with or violating any of the terms or provisions of this ordinance shall be deemed guilty of a municipal infraction and upon conviction thereof,be punished accordingly. 102.3.3.2 If any plumbing work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and in addition to penalties described,shall be corrected in accordance with this ordinance. 102.3.3.3 The omission or failure to perform any act or duty required by this ordinance or the performing of any act which is prohibited or declared to be unlawful by this ordinance, an offense or a municipal infraction pursuant to this ordinance or the Uniform Plumbing Code, is punishable by a fine of up to two hundred dollars ($200.00),for the first offense and up to four hundred dollars($400.00)for each subsequent offense. Section 103.4, Fees, is hereby repealed in its entirety; a new Section 103.4, Fees, is hereby enacted in lieu thereof as follows: 103.4: FEES: All plumbing permit and inspection fees shall be established by resolution of the city council and paid prior to issuance of a permit or re-inspection. Section 305, Sewers required,is amended by adding the following subsection thereto: 305.4. Public systems available. A public water supply system and/or public sewer system shall be deemed available to premises if such premises are within two hundred (200) feet,measured along a street, alley, or easement, of the public water supply or sewer system and a connection conforming to the standards set forth in this code shall be made thereto. 602.4.1 Yard Hydrants to furnish water for human consumption are prohibited, unless it is an approved fixture. (Iowa) 603.3 Specific Requirements,is hereby amended by adding the following subsections: 603.5.21 Cross Connection Control-Containment Provisions. The purpose is to safeguard potable water supplies by preventing backflow into public water systems. 603.5.21.1 Definitions. The following definitions shall apply to Section 603.3 of the Waterloo plumbing code. For the purpose of this Section, these definitions supersede definitions given elsewhere in this code. 1.Administrative Authority. For the purpose of this section,the administrative authority shall be the Waterloo Water Works and plumbing division of the City of Waterloo Building Inspection Department. 2.Approved backflow prevention assembly for containment. A backflow prevention assembly which is listed by the University of Southern California-Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI- AWWA Standard C510-89, "Double Check Valve Backflow-Prevention Assemblies", or Page 142 of 259 Ordinance No.5392 Page 14 ANSI-AWWA Standard C511-89, "Reduced-Pressure Principle Backflow-Prevention Assemblies"for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. 3.Approved backflow prevention assembly for containment in a fire protection system. A backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation(FM)and Underwriters Laboratory (UL),and the requirement of the fire code and the building code of the city,in addition to the requirements of paragraph a(3). Devices sized smaller than 2%"which have not been listed by Underwriters Laboratory (UL) and tested by Factory Mutual Research Corporation (FM) may be allowed if they meet the requirements of the fire code and the building code of the city. 4.Auxiliary water supply. Any water supply on or available to the premises other than the water purveyor's approved public water supply such as, but not limited to,a private well, pond or river. 5.Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. 6.Cross connection. Any actual or potential connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or device,through which it may be possible for non-potable,used, unclean, polluted and contaminated water, or other substance, to enter into any part of such potable water system under any condition. 7.Customer. The owner, operator, or occupant of a building or property which has a water service from a public water system, or the owner or operator of a private water system which has a water service from a public water system. 8.Degree of hazard. The rating of a cross connection or water service which indicates if it has the potential to cause contamination or pollution. 9.Double check valve backflow prevention assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, four properly located test cocks,and two isolation valves. 10.High hazard cross connection. A high hazard cross connection is a cross connection which may cause an impairment of the quality of the potable water by creating an actual hazard to the public health,through poisoning or through the spread of disease by sewage, industrial fluids or waste. 11.Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross connection rather than at the water service entrance. 12.Low hazard cross connection. A low hazard cross connection is a cross connection which may cause an impairment of the quality of potable water to a degree which does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use. 13.Multiple-family residential units. A multiple family residential unit shall mean a building designed to be used as residential occupancy for multiple-family units, each having separate plumbing facilities and not more than two levels of occupancy. 14.Private owned customer water system piping. Water service line pipes and plumbing fixtures connected to the public water system of the City of Waterloo which are extended Page 143 of 259 Ordinance No.5392 Page 15 to the customer's property and into the customer's building for service to the customer, regulatory control of which is defined in the city plumbing code and Waterloo Water Works regulations. 15.Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, a differential pressure relief valve,four properly located test cocks and two isolation valves. 16.Registered Backflow prevention assembly tester. A person who is registered by law to test or repair backflow prevention assemblies and report on the condition of those assemblies. 17.Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. 18.Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system,or the act of providing potable water to a customer. 603.5.21.2 Administrative Authority. I.For the purpose of Section 603.5.21.2 of the Waterloo plumbing code only, the administrative authority shall be the Waterloo Water Works and plumbing division of the City of Waterloo Building Inspection Department. 2.The administrative authority shall have the right to enter,with the consent of the customer, or upon the basis of a suitable warrant issued by a court of appropriate jurisdiction, any property to inspect for possible cross connections. 3.The administrative authority may approve training programs for backflow prevention assembly testers and register backflow prevention assembly testers who successfully complete an approved training program. 4.The administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of the Waterloo City Council. 603.5.21.3 New Water Service. I.Plans shall be submitted to the administrative authority to review on all new water services to determine size and degree of hazard. 2.The administrative authority shall determine if any type of backflow prevention assembly is required for containment based on the degree of hazard. 3.The administrative authority shall require, where necessary, the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 603.5.21.4 Existing Water Services. 1.Upgrades of existing water services shall be treated as new water services for the purpose of this section. 2.The administrative authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard. Page 144 of 259 Ordinance No.5392 Page 16 3.After publication of the standards, the administrative authority shall notify customers whose premises are classified as single family residential or multiple family residential, having five units or less and not more than two levels of occupancy, of the provisions of this ordinance and compliance therewith. 4.Within six(6)months after publication of the standards,customers whose premises are not classified as single family residential shall complete and return to the administrative authority a cross connection hazard survey to be used to determine the type of containment device. 5.The administrative authority shall, on the basis of information received from customers or gathered through on-premises investigations or surveys,notify the customer that a method of backflow prevention is required. The customer shall prepare a written plan for review and approval by the administrative authority to install a device or devices for containment and/or isolation based on the degree of hazard. 6.Within the time frame specified in writing by the administrative authority, the customer shall install a backflow prevention assembly as approved by the administrative authority. 7.For existing water services, the administrative authority may inspect the premises to determine the degree of hazard. When the high hazard cross connections are found, the administrative authority shall,at its sole discretion: 7.1 develop a schedule of compliance which the customer shall Follow. 7.2 terminate the water service until a backflow prevention assembly for containment required by the administrative authority has been installed. 8.Failure of the administrative authority to notify a customer that they are believed to have a high hazard cross connection and that they shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section. 603.5.21.3 Customer. l.Tbe customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within his or her premises starting at the point of service from the public potable water system. 2.The customer shall, at his or her own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the administrative authority. 3.The customer shall ensure the administrative authority is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen(15)days after testing and/or repairs are completed. 4.1n the event of a backflow incident, the customer shall immediately notify the local water supplier,the Waterloo Water Works. Section 603.5.21.6 Required Backflow Prevention Assemblies for Containment — Water Services. Page 145 of 259 Ordinance No.5392 Page 17 1. An air gap or an approved reduce pressure principle backflow prevention assembly is required for water services having one or more cross connections which the administrative authority classifies as high hazard. 2. An approved double check valve assembly is required for water services having no high hazard cross connections but having one or more cross connections which the administrative authority has classified as low hazard. 3. Every water service which is required to install a backflow prevention assembly at point of entry will be required to follow Section 603.4 of the Uniform Plumbing Code at time of installation. 4. Exception. Residential — Single family dwelling to be done by isolation unless specified by administrative authority. Section 603.5.21.7 Required Backflow Prevention Assemblies for Containment—Fire Protection Systems. 1.A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the administrative authority determines to have any of the following. LI Direct connections from public water mains with an auxiliary water supply on or available to the premises for pumper connection. 1.2 Interconnections with auxiliary supplies such as reservoirs,rivers,ponds,wells,mills or other industrial water systems. 1.3 Use of antifreezes or other additives in the fire protection system. 1.4 Combined industrial or domestic with high hazard and fire protection systems supplied from the public water mains only,with or without gravity storage or pump suction tanks. 1.5 Any other facility,connection,or condition which may cause contamination. 2A double check valve assembly shall be required for all other fire protection systems. The double check valve shall be required on all new systems at the time of installation and on existing systems at the time that they are upgraded. 3.Submittal of proposed backflow prevention devices to the administrative authority does not relieve the designer or sprinkler contractor of the responsibility of submitting plans, including backflow prevention devices,to the Fire Marshal for approval. 603.5.21.8 Registration of Backflow Prevention Assembly Tester. A backflow prevention assembly tester registered by the State of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this ordinance. Section 603.5.21.9 Registered Backflow Prevention Assembly Tester Noncompliance. 1. The registration of a tester may be revoked or suspended, for a period of up to two years,for noncompliance with this ordinance. 2. Any of the following conditions constitute noncompliance: Page 146 of 259 Ordinance No.5392 Page 18 2.1 Improper testing or repair or backflow prevention assemblies. 2.2 Improper reporting of the results of testing or of repairs made to backflow prevention assemblies. 2.3 Failure to meet registration requirements. 2.4 Related unethical practices. 603.5.21.10 Installation of Backflow Prevention Assemblies. ].Installation of backflow prevention assemblies shall be made by a licensed and bonded plumbing contractor of the City of Waterloo with proper permits. 2.The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibilities of the customer to protect the water supply system from containment or pollution between the backflow prevention assembly and the water main. 3.Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected from flooding. 4.Reduced pressure principle backflow prevention assemblies shall not be installed in underground vaults or pits. 5.All backflow prevention assemblies shall be protected from freezing. Those devices used for seasonal services may be removed in lieu of being protected from freezing;however, the devices must be reinstalled and tested by a registered backflow prevention assembly tester prior to service being reactivated. 6.If hot water is used within the water system,thermal expansion shall be provided for when installing a backflow prevention assembly for containment. 7.Provisions shall be made to convey the discharge of water from reduced,pressure principle backflow prevention assemblies,to a suitable drain. 8.No backflow prevention assemblies shall be installed in a place where it would create a safety hazard,such as but not limited to over an electrical panel or above ceiling level. 9.1f interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, another backflow prevention assembly, sized to handle the temporary water flow need during the time of test or repair,should be installed in parallel piping. 10.All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 603.17 of the Uniform Plumbing Code. 11.All shut-off valves conform with the current edition of the Manual of Cross Connection Control (University of Southern California)requirements for either ball or resilient seat gate valves at the time of installation. Ball valves shall be used on assemblies installed in piping two inches and smaller and resilient seat gate valves on assemblies installed in piping larger than two inches. 603.5.21.]1 Testing of Backflow Prevention Assemblies. Page 147 of 259 Ordinance No.5392 Page 19 ].Testing of backflow prevention assemblies shall be performed by a registered Backflow Prevention Assembly Tester. The costs of tests required in the following paragraphs 2 through 5 shall be borne by the customer. 2.Backflow prevention assemblies shall be tested upon installation, and tested and inspected at least annually. 3.Backflow prevention assemblies which are in place, but have been out of operation for more than three months, shall be tested before being put back into operation. Backflow prevention assemblies used in seasonal applications shall be tested before being put into operation each season. 4.Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered Backflow Prevention Assembly Tester immediately after repair or replacement. 5.The administrative authority may require backflow prevention assemblies to be tested at any time in addition to the annual testing requirement. 6.The registered Backflow Prevention Assembly Tester shall report the successful test of a backflow prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within fifteen(15)days of the test. 7.The administrative authority may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 603.5.21.12 Repair of Backflow Preventions Assemblies. ].All repairs to backflow prevention assemblies shall be performed by registered Backflow prevention assembly testers. 2.The registered Backflow prevention assembly tester shall not change the design, material, or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacements parts. 3.The registered Backflow prevention assembly tester shall report the repair of a backflow prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within fifteen(15)days of the repair. The report shall include the list of materials or replacement parts used. 4.Any time fire services are discontinued for a period of time longer than necessary to test the device the tester is required to notify the Fire Marshal's office that the fire services are shut off for repairs. 603.5.21.13 Customer Noncompliance. The water service may be discontinued in the case of noncompliance with Section 603.3.17 of the Waterloo plumbing code. Noncompliance includes but is not limited to the following: ].Refusal to allow the administrative authority access to the property to inspect for cross connections. Page 148 of 259 Ordinance No.5392 Page 20 2.Removal of a backflow prevention assembly which has been required by the administrative authority. 3.Bypassing of a backflow prevention assembly which has been required by the administrative authority. 4.Providing inadequate backflow prevention when cross connections exist. 5.Failure to install a backflow assembly which has been required by the administrative authority. 6.Failure to test and/or properly repair a backflow prevention assembly as required by the administrative authority. Sections 604.1 and 604.2 of section 604, Materials, are hereby repealed in their entirety; new sections 604.2 through 604.8 are hereby enacted in lieu thereof as follows: 604.1 Materials for water service piping shall be of lead-free brass, copper, ductile iron,or other materials approved by the administrative authority. All materials used in water supply systems except valves and similar devices shall be of like material, except when otherwise approved by administrative authority. Copper, tube, when used underground, shall have a weight of not less than copper water tube type K. 604.1.1 Joints and fittings for underground water service piping must be lead-free compression or threaded brass. Fittings must meet A.W.W.A. (American Water Works Association) and Waterloo Water Works standards. All fittings shall maintain an effective grounding path from the meter to the main. Rubber compression fittings will not be allowed. 604.1.2 Materials for water distribution, pipes, and tubing shall be of lead-free brass, copper, ductile iron, stainless steel, or PEX water pipe. PEX water pipe, tubing, and fittings, manufactured to recognized standards may be used for hot and cold, water distribution systems within a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. Copper tube used underground shall have a weight of not less than copper water tube type K and aboveground shall be a weight of not less than copper water tube type L. 604.1.3 Approved PEX water pipe may be used in water distribution piping except where existing metallic water distribution piping is used for electrical grounding purposes,replacement piping therefore shall be of metallic and PEX will not be allowed. Exception: Where a grounding system, acceptable to the Administrative Authority is installed, inspected and approved,metallic pipe may be replaced with approved PEX pipe. 604.1.4 PEX. Cross-linked polyethylene (PEX) tubing shall be marked with the appropriate standard designation(s) listed in Table 14-1 for which the tubing has been listed or approved. PEX tubing shall be installed in compliance with the provisions of this section. 604.1.5 PEX Fittings. Metal Insert Fittings and Metal Compression Fittings used with PEX tubing shall be manufactured to and marked in accordance with the standards for the fittings in Table 14-1. 604.1.6 Water Heater Connections. PEX tubing shall not be installed within the first eighteen (18)inches(457 min)of piping connected to a water heater. Page 149 of 259 Ordinance No.5392 Page 21 604.1.7 Licensed installers, employed by licensed plumbing contractors, shall be appropriately certified by the manufacturer or other approved training agency prior to commencing any PEX tubing installation. 604.1.8 Notification shall be given to plumbing inspector of intent to use PEX tubing prior to installation. Notification shall include property owner,address,and certified installer. Section 70 1.0,Materials,is hereby amended as follows: 701.0 Materials. 701.2.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of copper drainage tube type L. 701.2.4.1 Copper tube for aboveground drainage and vent shall be of a weight not less than type M. Section 715 is hereby amended as follows: 715.1 The building sewer, beginning two (2) feet from any building or structure, shall be schedule 40 PVC,PVC SDR 23.5,cast iron soil pipe,vitrified clay tile,truss pipe,concrete pipe or copper tube not less than type"L"hard temper. Section 717, Size of Building Sewers, is hereby amended by adding the last sentence thereto as follows: 717.0 Size of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer,in accordance with Table 7- 8. No building sewer shall be smaller than the building drain. Minimum size of a building sewer is four(4)inches. Section 904, Size of Vents,is amended by adding subsection 904.3 as follows: 904.3 Main vent shall be minimum of three inches(Y). Section 906,Vent Termination, is hereby amended by repealing subsection 906.7,Frost or Snow Closure, in its entirety; and by enacting in lieu thereof a new subsection 906.7, Frost or Snow Closure,as follows: 906.7 Frost or Snow Closure. Where frost or snow closure is likely to occur,vent terminals shall be minimum three inches (3") in diameter but in no case smaller than the required pipe. The change in diameter shall be made inside the building at least one (1) foot below the roof and terminate not less than 12 inches above roof. Section 1007,Trap Seal Protection,is amended by adding the following sentence thereto: 1007.0 Trap Seal Protection ... All automatic floor drain primers or trap seal valves are prohibited. Section 1008,Industrial Interceptors(Clarifiers)and Separators,of UPC,is hereby repealed in its entirety; that a new section 1008, Industrial Interceptors (Clarifiers) and Separators, is hereby enacted in lieu thereof as follows: 1008.0 Industrial Interceptors(Clarifiers)and Separators. Page 150 of 259 Ordinance No.5392 Page 22 1008.1 Drainage from commercial garages,gasoline filling stations, dry cleaning establishments, oil extraction plants, and other industries where oils or solvents are used, is likely to contain inflammable compound, which shall therefore be intercepted before discharging into the city sewer. The interceptor shall have a capacity sufficient to separate the oil, grease, or other inflammable compound and shall be so located and constructed to prevent fire or explosion. Drainage from commercial garages and oil stations where automobile wash racks are installed is also likely to contain mud and sand,which shall be separated from the wastes before discharging into the city sanitary sewer. Hence, the interceptor for these wastes shall afford sufficient capacity for both separating the oils and grease by flotation and the sand and mud by settling. 1008.2 Where the wastes do not contain sand, mud or other solid material and inflammable compounds only are to be separated, the interceptor shall have a minimum capacity of 15 cubic feet with a minimum effective depth of 3 feet; and shall be provided with a vent and manhole with tightly fitting cover. 1008.3 For drainage from commercial garages or other places where wastes are likely to contain sand,mud, or other solid material in addition to oil, grease, or other inflammable compounds, a minimum capacity of 50 cubic feet,with a minimum effective depth of 3 feet, shall be provided and a vent and manhole with tightly fitting cover shall be installed. 1008.4 All interceptors shall be cleaned periodically. 1008.5 Interceptors shall be built of poured concrete with floors and walls not less than 5 inches thick. Covers shall be of poured,reinforced concrete not less than 5 inches thick. 1008.6 Subsections 1008.1 through 1008.5 of this section shall apply except for manufactured or prefabricated concrete interceptors that comply with approved applicable standards. See'Exhibit A.Commercial Mud Trap"39. 1008.7 For details, see diagram marked 'Exhibit B. Mud Trap or Inflammable Waste Interceptors"1. Section 10 17.3,Residential Garage Interceptor,is hereby added as follows: 1017.3 Residential Garage Interceptor.If a drain is installed in a residential garage,an interceptor shall be required. See'Exhibit D.Residential Garage Interceptor". ARTICLE B. PLUMBING BOARD FOR LICENSING AND APPEALS 9-413-1:BOARD ESTABLISHED;COMPOSITION: A. Establishment Of Board: There is hereby established a plumbing board for appeals hereinafter referred to as the board,with authority and responsibility as follows: 1. To act as a board of appeals as provided in the Waterloo plumbing code. 2. To periodically review the provisions of the Waterloo plumbing code and make recommendations to the city council for improving and updating said document. B. Composition Of Board: The board shall consist of five(5)members,all of whose place of business,residence, or work is located in the city. All members shall be qualified by experience and training to pass judgment upon matters pertaining to the installation of plumbing. The membership shall be as follows: two (2) licensed master plumbers, one licensed journeyman plumber,one registered professional mechanical engineer,and one member at large,with no one company or interest being represented by more than one member of the board.The city plumbing inspector or their designee shall act as secretary to the board. Page 151 of 259 Ordinance No.5392 Page 23 9-4B-2:APPOINTMENT;TERMS: A. Appointment: The mayor with the approval of the city council shall appoint the members of the plumbing board for licensing and appeals. B. Terms: After the initial appointment to the board, the terms of the members shall be for three(3)years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2)members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only.Each member can serve a total of two(2)three-year terms. C. Compensation:The members of the board shall serve without compensation. D. Organization: The board shall designate a member as chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith. 9-4B-3: QUORUM: Three(3)members of the board shall constitute a.quorum for the transaction of business, provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a board member who holds a similar valid license. Any vote taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members of the board. 9-4B-4: DUTIES: The plumbing board for appeal shall receive applications for appeals based on a claim that the true intent of this code have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of compliance with the code is proposed. The board shall have no authority to waive requirements of this code. The plumbing board for licensing and appeal shall also act as the Black Hawk County plumbing board for appeals, as permitted by Black Hawk County Ordinance 46, the Black Hawk County Plumbing Code. ARTICLE C. PLUMBING CONTRACTORS 9-4C-1:CLASSIFICATION OF PLUMBERS: Pipe Layer: 1. Definition: "Pipe layer" shall mean a person who installs, lays, repairs, removes or caps off sanitary sewer pipe between the public sanitary sewer main in the street or easement and a point two feet(2')outside the foundation wall of a building or structure. 2. Qualifications:A pipe layer shall be qualified in the principles of the hydraulics of liquids in sewer pipes and related matters and shall be familiar with the pertinent provisions of the Waterloo plumbing code and the rules and regulations of the local and state boards of health as such provisions,rules and regulations pertain to sewers and sewer service pipes. 3. Licensing: Any person desiring to be licensed as a pipe layer shall make application to the building department on forms furnished by said department accompanied by a fee.Upon receipt of the application and fee, the building department shall schedule the administration of a test prescribed by the plumbing board. if the applicant obtains a passing score he shall be issued a pipe layer's license upon the payment of an additional fee of fifty dollars ($50.00) the first year. The renewal fee will be twenty-five dollars$25.00 per year. 4. Authorized Work: A pipe layer's license shall not be construed as license or permit to do plumbing work as a state licensed plumber in the city as defined in this chapter. Except for the Page 152 of 259 Ordinance No.5392 Page 24 installation,laying,removing,repairing or capping off of sewer between public main and a point two feet (2') outside building, every pipe layer shall be hereby prohibited from doing any plumbing work within the city unless he is licensed as a plumber by the state in conformance with the provisions of the Waterloo plumbing code,as amended. 5. Pipe Laying: No person shall engage in the construction, reconstruction, laying, alteration,repair,removal or capping off of a sanitary sewer between public main and a point two feet (2') outside building in the city without first having obtained a state plumber's license or a Waterloo pipe layer's license,along with an approved certificate of insurance on file with the city and having obtained a plumbing permit for sewer installation from the building department as required by this chapter. 9-4C-2: PIPE LAYER BUSINESS (CONTRACTOR'S) LICENSE: Applicants who have met the requirements of the Board and upon payment of a fee of two hundred dollars ($200.00) for the first year and having in place a certificate of insurance as herein provided for, issue to such applicant a Pipe Layer Business (Contractor's) License in the name of the City of Waterloo, by the Plumbing Inspector. Renewal license fee will be one hundred dollars($100.00)per year. It shall be unlawful for any person to install, erect, alter,repair, service,reset,replace thereto, as defined in the plumbing code, unless said person or some member of such firm or corporation shall first have obtained a State Plumbing Contractor license or Pipe Layer Business (Contractor's)License or unless such person,firm or corporation has regularly and steadily in his employ a holder of such a license,who shall be the authorized representative of the person,firm or corporation in all matters pertaining to this ordinance. The authorized representative who is the holder of a State Plumbing Contractor license or a Pipe Layer Business (Contractor's) License may not apply for permits for more than one person,firm, or corporation and the permit shall apply only to the type of work pertaining to the specific license possessed by the license holder. 9-4C-3: PIPE LAYER'S CERTIFICATE OF INSURANCE: A pipe layer's application shall be filed with the building official (or a specified intergovernmental agency if so designated by the building official) accompanied by a certificate of insurance written by a company authorized to transact business in the state, in limits of not less than three hundred thousand dollars ($300,000.00) combined single limit to any person and one hundred thousand dollars ($100,000.00)property damage; said certificate to be written on a standard form and carrying an endorsement naming the city and its employees (or the intergovernmental agency designated by the building official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contractor by any ordinances, rules and regulations of the city. It shall be a further condition of said certificate of insurance that the obligator will hold the city (through the specified intergovernmental agency if so designated) harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor,his agents or employees in the performance of the work done under a license or permit issued upon the filing of said certificate. Said certificate of insurance shall be issued by December 31 of each year,and shall be filed on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said certificate of insurance to also bind the individual, company, firm, association or partnership, whether it be a trade name, corporation, or other business association or arrangement with which the principal is associated. Homeowners working on their principal residence shall be exempt from filing said certificate. 9-4C-4:CONDITIONS OF LICENSE: Any license not renewed prior to December 31 shall expire thirty(30) calendar days thereafter, and shall be renewed upon payment of a double fee. Page 153 of 259 Ordinance No.5392 Page 25 9-4C-5:PERSONS AUTHORIZED AND REPORTING: A. Must Be Licensed: No person other than those holding a State Plumbing Contractor license or Pipe Layer's license issued by the City of Waterloo, shall not tap any water or sewer mains, nor install any private building sewer, water service, private sewage disposal plant or private water system; nor shall they make any connections, extension,replacement,removals or additions of any nature to the sanitary plumbing or water supply system or disconnect any fixture or change the sanitary or water pipe arrangement. B. Definition: PRIVATE BUILDING SEWER: 1. That part of the horizontal piping of a drainage system between the end of the building drain (2 feet outside the building wall)and the public sewer. 2. Any private main or service starting two feet(1) outside the building wall and extending to the public sewer main. C. Exceptions: Those persons who perform the function of water softener installers only,and who do not perform any other plumbing work, may install water softeners only; provided, that said person obtains the proper permits,prior to any work performed,has in place insurance as by this chapter provided,requests and has inspected by the plumbing inspector any installations,and pays any and all inspection fees. 9-4C-6: REVOCATION OF LICENSES: A pipe layer's license or a State Plumbing Contractor may be revoked for cause by the board, after a hearing by said board, upon a written notice served upon the person in whose name said license is issued,not less than ten(10)days prior to the date of hearing,stating the time and place thereof and the grounds for such hearing. CHAPTER 5 MECHANICAL SYSTEMS 9-5-1: TITLE: This chapter shall be known as the WATERLOO MECHANICAL CODE and may be so cited and may be referred to hereinafter as"the code"or"this code". 9-5-2: APPLICATION AND SCOPE: The provisions of this chapter shall include and apply to all mechanical and fuel gas systems, appliances and equipment regulated by the adopted mechanical and fuel gas codes hereinafter installed, constructed, altered, serviced or repaired in, for,or about any new,remodeled or relocated building or structure in the city. 9-5-3: MECHANICAL INSPECTOR: A. Appointment: The applicant for mechanical inspector shall fulfill all applicable civil service requirements for the position of mechanical inspector. The building official will appoint the new mechanical inspector. The appointment shall go to the mayor and city council for approval.The mechanical inspector shall work under the direction of the building official. B. Qualifications: The appointee shall have had at least four (4) years of practical experience in the design, planning, supervision and contracting for installation of heating, air conditioning and ventilation systems. Two(2)years of experience may be substituted for four(4) years of schooling if the study is in engineering or a related field. Schooling shall be from a recognized school of continuing education; possession of a valid driver's license; shall possess Page 154 of 259 Ordinance No.5392 Page 26 the ability and aptitude for the performance of required duties and shall have thorough knowledge of the standard materials and methods used in the installation and maintenance of heating, air conditioning and ventilation equipment; shall be versed in methods of construction for safety to persons and property, the statutes of the state relating to air quality and air pollution control and any orders, rules and regulations issued by authority thereof, and in the Uniform Mechanical Code. C. Restrictions: It shall be unlawful for the mechanical inspector to engage in the business of the sales, installation, or maintenance of heating, air conditioning and ventilation equipment, either directly or indirectly, and the inspector shall have no financial interest in any concern engaged in such business in the city at any time while holding the position as mechanical inspector for the city. D. Powers And Duties: 1. The mechanical inspector is empowered to inspect any and all buildings or structures, public or private,and to,as herein provided,order removed or remodeled and put into proper and safe condition all heating,air conditioning,and ventilation equipment and related systems for the protection of the public health,safety and welfare. 2. The mechanical inspector shall have authority to enforce this chapter and may bring before the Mechanical board proposals for modifications or alternate materials, methods, and equipment to determine compliance with the intent of this chapter; provided, that the individual or entity affected provides satisfactory documentation to the board. 3. The building official shall be the executive official and administrative authority for the administration of the mechanical code of the city. E. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the mechanical inspector has reasonable cause to believe that there exists,in any building or upon any premises, any HVAC condition which makes such building or premises unsafe, the mechanical inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon by this chapter; provided,that if such building or premises be occupied,they shall first present proper credentials and request entry; and if such building or premises is unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the mechanical inspector or authorized representative shall have recourse to every remedy by law,to secure entry. 9-5-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Whenever it shall come to the knowledge of the mechanical inspector that the mechanical or fuel gas system, appliance or equipment governed by this code in a building or structure is defective or otherwise becomes a hazard to health or life, it shall be the duty of said inspector to make an inspection of such system,appliance or equipment and render a report to the proper party,setting forth the necessary repairs or alterations required to make such heating, air conditioning or ventilation system conform to this chapter. The inspector shall set a limit of time within which such repairs or alterations are to be made,and upon the refusal or neglect of the owner,agent,lessee,or tenant to comply with said notice within the time stated,the mechanical inspector shall cause such repairs or alterations to be made or such nuisance abated and the expense of such work shall be taxed against such property and become a prior lien thereon and as a personal judgment against the property owner; or the inspector may order the premises vacated and closed to further occupancy until such time as the required repairs or alterations have been made, all at the mechanical inspector's sole discretion based upon health or life safety concerns. Page 155 of 259 Ordinance No.5392 Page 27 9-5-5: MAINTENANCE; CHANGE OF OCCUPANCY: When a single-family structure is changed to multi-family occupancy, the following shall specifically apply in addition to any requirements identified in the mechanical code: A. Each unit shall be provided a heating unit that will maintain room temperature in accordance with the housing code of the city. B. Transfer of conditioned air between units is prohibited. 9-5-6: APPLICATION FOR PERMIT: Permit To Do Work Required: It shall be unlawful for any person to construct or install any fuel burning, space heating, air conditioning or incinerator equipment or appurtenances subject to and covered by the provisions of this chapter in or for any building or to alter, repair or convert any such existing fuel burning, space heating, air conditioning or incinerator equipment or appurtenances as are subject to the provisions of this chapter without first making written application for a permit therefor setting forth the nature and extent of the work to be performed. 9-5-7: INSTALLATION BY OWNER: In cases where the owner/occupant desires to do heating, air conditioning and ventilation work in the owner's own residence,the owner shall appear before the mechanical inspector and show competency in the installations of heating, air conditioning and ventilation systems. Upon such showing of competency and approval and payment of required fees, a mechanical permit shall be issued. Said permit authorizes owner to do heating, air conditioning and ventilation work only in the dwelling owned and occupied by said owner without licensing, certificate of insurance or help from other than family members. Said person performs all labor in connection therewith,has the necessary inspections made and complies with code requirements. 9-5-8: NOTIFICATION FOR INSPECTION: A. It shall be the duty of the permit holder to notify the inspector that the work is ready for inspection or test.All inspections require twenty-four(24)hours'notice. B. It shall be the duty of the permit holder to make sure the work will stand the test prescribed before giving notification. C. If the inspector finds that the work will not stand a required test, or corrections are required, the journeyman HVAC shall be required to notify the inspector when the necessary corrections are complete for re-inspection. If the journeyman HVAC calls for a re-inspection where corrections were required and the corrections were not made, a re-inspection fee will be assessed to the contractor. The re-inspection fee shall be paid before additional inspections are made. D. If the inspector fails to appear within twenty four (24) hours, during normal working hours, of the time set for each inspection or test, the inspection or test shall be deemed to have been made,but the journeyman HVAC doing the work shall be required to file an affidavit with the mechanical inspector that the work was installed with the ordinance and permit, and that it was free from defects and that the required test had been made and the system was found free from leaks. 9-5-9: APPLICABILITY: If an existing building is damaged by fire or otherwise or altered in a manner to require the replacement of fifty percent(50%) or more of the stricture as determined by the authority having jurisdiction, the entire building shall conform to this chapter's requirements for new buildings. ARTICLE A. MECHANICAL CODE Page 156 of 259 Ordinance No.5392 Page 28 9-5A-1: MECHANICAL CODE ADOPTED: The International Mechanical Code and International Fuel Gas Code are adopted by this reference except as added to, deleted, modified or amended otherwise herein,and there is adopted as the mechanical code of the city,that certain mechanical code known as the International Mechanical Code, 2015 Edition, and International Fuel Gas Code,2015 Edition,as prepared by the International Code council(ICC). 9-5A-2: AMENDMENTS: Where Chapter 5 of Title 9, Building Regulations, uses the phrase heating, air conditioning, and ventilation; fuel gas and mechanical systems appliances, and equipment shall be understood to be included. The following sections of the 2015 International Mechanical Code (ICC) and 2015 International Fuel Gas Code(ICC)are amended as follows: Section 10 1.1 Insert:City of Waterloo. Section 101.2 Delete:Exception Sections 103.1, 103.2,and 103.3 Delete in their entirety. Section 106.2 of the 2015 International Mechanical Code Add: item #9, electric baseboard heating system Section 106.5.2 of the 2015 International Mechanical Code and Section 106.6.2 of the 2015 International Fuel Gas Code are hereby amended to read: Permit Fees.All mechanical permit fees shall be established by resolution of the city council and paid prior to issuance of a permit or re-inspection. Section 106.5.3 of the 2015 International Mechanical Code and Section 106.6.3 of the 2015 International Fuel Gas Code are hereby amended as follows: Fee Refunds: #2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. #3 Deleted Section 108.4 of the 2015 International Mechanical Code and 2015 international Fuel Gas Code are deleted and replaced with the following: 108.4 Municipal Infraction. 108.4.1 Any person, firm or corporation failing to comply with or violating any of the terms or provisions of this ordinance shall be deemed guilty of a municipal infraction and upon conviction thereof,be punished accordingly. 108.4.2 if any mechanical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and in addition to penalties described,shall be corrected in accordance with this ordinance. 108.4.3 The omission or failure to perform any act or duty required by this ordinance or the performing of any act which is prohibited or declared to be unlawful by this ordinance, an offense or a municipal infraction pursuant to this ordinance or the International Mechanical Code and/or International Fuel Gas Code is punishable by a fine of up to two hundred dollars ($200.00) for the first offense and up to four hundred dollars ($400.00) for each subsequent offense. Page 157 of 259 Ordinance No.5392 Page 29 Delete Section 108.4 of the 2015 International Mechanical Code and 2015 International Fuel Gas Code. Delete Sections 109.2, 109.3, 109.4, 109.5, 109.6 and 109.7 of the 2015 International Mechanical Code and 2015 International Fuel Gas Code. Amend Section 507.2.2 of the 2015 International Mechanical Code by deleting the following wording"into the HVAC system design or". Add Section 507.2.3.1 and 507.2.3.2 to the 2015 International Mechanical Code Section 507.2.3.1 Cooking appliances used in commercial-type occupancies such as places of worship, fellowship halls, lodge halls, employee kitchens, and classrooms may need to be provided with a hood based on the type of appliances and processes in accordance with Sections 507.2, and 507.2.1. Light-duty appliances that produce heat or moisture and do not produce grease or smoke may need to be provided with a hood in accordance Sections 505.1, 501.1 exception 1, and 505.2. At the discretion of the Building Official or designee,in all applications, portable fire extinguishing equipment shall be provided as directed by the Fire Marshal. Exception: If a Type 1 Hood with a fire suppression system is not needed or installed, a permanent etched sign with background contrasting letters at least 2 inches in height shall be installed in plain sight on or near the hood stating"NO FRYING, GRILLING, SAUTEING OR GREASE ALLOWED". 1. Complete and submit a Use Agreement form available at the Building Department. 2. The equipment is limited to a maximum of two domestic light-duty appliances in any one location. 3. Complete hood coverage of the cook area is provided and hood is ducted in compliance with the mechanical code requirements for Type TI hoods. 4. Cooking practices are limited to tenants of the building. 5. Frying, sauteing, grilling or other grease producing activities that produces more than minimal amounts of grease or grease vapor are prohibited. 6. Portable fire extinguishing equipment shall be provided as directed by the City. 7. A permanent etched sign shall be installed in plain sight on the hood stating"ONLY MINIMAL FRYING, GRILLING,OR SAUTEING ALLOWED". 8. Where the cooking equipment is to be used as training equipment,it shall not be used by students without direct supervision of an instructor. 9. The approved use is tenant based. If the tenant changes, the occupancy changes, or the type of cooking changes,approval of the alternative hood is voided. 10. City Inspectors shall have the authority to immediately void the approval if any of the above conditions are found to be in violation. Amend Chapter 6 of the International Mechanical Code,601.5 Exception #5 will not apply to existing unaltered structures. All new single family or existing single family converted to multi-family living will not be exempt. The following is added to Section 402.6 of the 2015 International Fuel Gas Code: Page 158 of 259 Ordinance No.5392 Page 30 #7 Maximum gas delivery pressure into a dwelling shall not exceed 14"water column("W.C."). Sections 403.4.3, 403.4.4, 403.5, 403.5.2, 403.5.3 of the 2015 International Fuel Gas Code are hereby deleted and replaced with the following: 403.4.3 Pipe used for the installation, extension, alteration or repair of gas piping shall be standard weight wrought iron or steel (galvanized or black). Corrugated stainless steel tubing (C.S.S.T.)maybe permitted for residential use only. The following section is added to the 2015 International Fuel Gas Code: 403.5.5 Inspection procedure for C.S.S.T. (a) An air pressure test of a minimum ten(10)pounds for a minimum of fifteen(15)minutes must be performed after the piping is installed in rough construction. (Before cover of interior walls and ceiling are finished.) (b) Another air test of the same requirement must also be performed after the cover of walls and ceiling are complete. Both of which tests roust be witnessed by the mechanical inspector.At no time before this,will gas service be released to the building. (c) After final pressure test,piping can be connected to the gas service, a gas shut off will be required before each connection is made into existing pipe, and C.S.S.T. must terminate at ceiling or floor joist and hard piped with a shut off to each appliance. Section 403.10.4 of the 2015 International Fuel Gas Code is hereby deleted and replaced with the following: Gas piping larger than 2" (50.8mm)in size regardless of gas pressure and any size gas pipe carrying 1 pound P.S.I. or more gas pressure shall be welded black pipe with welding performed by a certified welder and pressure tested to a minimum 50 pounds p.s.i. for no less than one (1) hour. In lieu of the NEC,HVAC air handling equipment with a blower motor or electric elements in a duct needs to be provided with disconnect means within reach of the unit. ARTICLE B. MECHANICAL BOARD FOR LICENSING AND APPEALS 9-513-1: BOARD ESTABLISHED;COMPOSITION: A. Board Established: There is hereby established a mechanical board for licensing and appeals,hereinafter referred to as the board,with authority and responsibility as follows: 1. To act as a board of appeals as provided in the heating, air conditioning and ventilation code. 2. To periodically review the provisions of the heating,air conditioning and ventilation code and recommend to the building official for improving and updating said ordinance. B. Composition Of Board is amended as follows: The board shall consist of five (5) members,all of whose place of business or residence is located in the city. All members shall be qualified by experience and training to pass judgment upon matters pertaining to the installation of heating, air conditioning, and ventilation systems. The membership shall be as follows: three (3)certificate of competency holders,and two members at large,with no one company or interest Page 159 of 259 Ordinance No.5392 Page 31 being represented by more than one member of the board. The city mechanical inspector or building official's designee shall act as secretary to the board. 9-513-2: APPOINTMENT,TERMS: A. Appointment Of Members: The members of the mechanical board for licensing and appeals shall be appointed by the mayor with the approval of the city council. B. Terms: After the initial appointment of the board,the terms of the members shall be for three(3)years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2)members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. C. Compensation: The members of the board shall serve without compensation. D. Organization: The board shall designate a member as chair and vice chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith. 9-513-3: QUORUM: Three (3) members of the board shall constitute a quorum for the transaction of business,provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a board member who holds a similar valid license.Any vote taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members of the board. 9-513-4: POWERS AND DUTIES: The mechanical board for licensing and appeals shall have the following powers and duties: To hold regular meetings when determined necessary for the purpose of conducting examinations of applicants for mechanical certificates of competency or heating,air conditioning and ventilation appeals. Item D is amended as follows:To act upon reports of violations by licensed contractors as filed by the mechanical inspector with the board. To prescribe rules consistent with the provisions of this chapter for hearings before the board to suspend,revoke,or reinstate licenses. To keep a complete record of the official proceedings of the board; to preserve all documents, books, and papers relating to appeals, examinations for licenses, and hearings of complaints and charges for at least three(3)years. To hear appeals from the decision of the mechanical inspector and to rule on interpretations of the provisions of the heating,air conditioning and ventilation code. ARTICLE C. MECHANICAL CONTRACTORS 9-5C-1: LICENSE REQUIRED: A. No person other than those holding a current State Mechanical Contractor license, in addition to their State Master HVAC license shall be allowed to work at the trade of heating, air conditioning,and ventilation in the City of Waterloo. Page 160 of 259 Ordinance No.5392 Page 32 Unlawful To Lend License: It shall be unlawful for any person to lend that person's license, or to borrow the license of another person, nor shall any person offer to assume the responsibility of another person's work,when such person's work would require that person to be licensed under the provisions of this chapter. Homeowners working on their principal residence shall be exempt from State licensing. 9-5C-2: CONDITIONS OF LICENSE: A. Advertising Without License: No person shall advertise in any way that they possess the qualifications to engage in or carry on the heating, air conditioning and ventilation trade or business in the city unless they are a bona fide holder of a valid contractor's license as provided in section 9-5C-2 of this article. 9-5C-3: REVOCATION OF LICENSE: A. Item A is amended as follows: A contractor's license may be revoked for cause by the board,after a hearing by said board,upon a written notice served upon the person in whose name said license is issued,not less than ten(10)days prior to the date of hearing, stating the time and place thereof and the grounds for such hearing. B. Item B is amended as follows: If by super-majority vote the revocation of the contractor's license is approved, the affected party(s) have ten (10) working days to appeal the revocation action to the city council. C. A written letter shall be directed to the building official stating the reason for the appeal. The building official shall arrange a work session with the city council within fourteen(14)days to hear the appeal.The decision by the city council shall be final. INTRODUCED: PASSED Is`CONSIDERATION: March 20,2017 PASSED 2"d CONSIDERATION: March 20,2017 PASSED 3'CONSIDERATION: March 20,2017 PASSED AND ADOPTED by the City Council of the City of Waterloo,Iowa,on the 20d' day of March 2017. Quentin Hart,Mayor ATTEST: Kelley Felchle City Clerk Page 161 of 259 Ordinance No.5392 Page 33 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5392 as passed and adopted by the Council of the City of Waterloo,Iowa,on the 20th day of March 2017. Witness my hand and seal of office this 20'h day of March 2017. SEAL Kelley Felchle City Clerk Page 162 of 259 CITY OF WATERLOO Council Communication Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 3 Removal Area, to remove properties from the TIF area. City Council Meeting: 12/11/2017 Prepared: 11/20/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 11/20/2017 - 12:58 PM Clerk Office Even, LeAnn Approved 11/20/2017 - 4:10 PM ATTACHMENTS: Description Type ❑ NE Amendment No 3 Backup Material ❑ P&Z Memo for Northeast Amendments Backup Material Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on allproperty located with the newly described Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of SUBJECT: Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The Northeast Industrial Area Urban Renewal and Redevelopment Plan is proposed to be amended to remove multiple areas from the existing TIF boundary. By separate action, it is proposed that those areas will be put back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current Summary Statement: values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing Page 163 of 259 entites, which was held on November 8, 2017. The Planning, Programming and Zoning Commission reviewed the proposed amendment at their regular meeting on November 14, 2017 and unanimously recommended approval of the amendment. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan polices 1, 3 and 4. Legal Descriptions: See Attached Page 164 of 259 Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA,50703 319-291-4366 Return to preparer after recording. AMENDMENT 3 TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On February 15, 1993, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3925 and on February 8, 1993 adopted Resolution No. 1993-57, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Northeast Industrial Area Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). B. On April 26, 2004, the City Council adopted Ordinance No. 4688 and Resolution No. 2004-254, in which it was agreed to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 12, 2015, the City Council adopted Ordinance No. 5309 and on October 5, 2015 adopted Resolution No. 2015-801, in which it was agreed to amend the Plan by enlarging the area included therein, renaming the Plan as the Northeast Industrial Area Urban Renewal and Redevelopment Plan, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 3 removal area. AMENDMENT NOW THEREFORE, the Northeast Industrial Area Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B which are attached hereto are substituted in their place so that the Page 165 of 259 Plan shows the current legal description and map, describing and depicting the boundaries of the Northeast Industrial Area Urban Renewal and Redevelopment Plan and TIF District, as amended. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment J (ordinance adopting amended TIF district) Attachment K (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk 2 Page 166 of 259 c� c 0 m T N � \ I � 01-1 w peob unM 413 4:P JRON 0 _ a LL �� a, J� d G F- m _ W � L o a 'a d Z N AMA L O Z N s a �m� zQ Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Oripainal Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5t"Principal Meridian in the City of Waterloo,Black Hawk County,Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89,Range 12,thence West along the South line of said Section to a point that is sixty-six(66)feet West of the West line of the East one-half (1/2) of the Southeast quarter(SE 1/4) of said Section,thence North along a line sixty-six(66)feet West of the West line of said East one-half(1/2)to its intersection with the South line of the North one-half (1/2) of the Northwest quarter(NW 1/4) of the Southeast quarter(SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter(1/4) of said Section,thence Northerly along the West line of the Northeast quarter(NE 1/4) of the Southeast quarter(SE 1/4) said Section to the Southwest corner of the Southeast quarter(SE 1/4)of the Northeast quarter(NE 1/4) said Section,thence West along the South line of the North one-half(1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter(SW 1/4) of the Northwest quarter(NW 1/4) said Section,thence East one hundred ninety-four and four tenths (194.4) feet,thence North parallel to the West line of said Section to the North line of said Section,thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15,Township 89, Range 12 to the Northwest corner of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) said Section, thence East along the North line of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) to the Northeast corner of said quarter(1/4)quarter(1/4) said Section,thence South along the East line of the Southwest quarter(SW 1/4)of the Southwest quarter(SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said South Right-of-Way line to its intersection with the East line of the Southeast quarter(SE 1/4) of the Southwest quarter(SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo,thence South following the current(1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22,Township 89, Range 12,thence continuing South along the East line of the Northeast quarter(NE 1/4) of the Northwest quarter(NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section,thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±,thence North 40°01'01"West 166.19 feet,thence North 15°32'50"West 194.91 feet,thence North 02°34'55"West 174.45 feet,thence North 32°18'09"East 115.17 feet, thence North 57°10'27"East 111.27 feet to the South line of the Union Pacific Railroad Right of Way,thence South 70°11'41"West along said South Right-of-Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27"East 190.29 feet, thence South 73°13'02"East 119.21 feet, thence South 61°04'21"East 154.14 feet, thence South Page 168 of 259 40°08'51"East 145.09 feet, thence South 24°47'31"East 141.92 feet, thence South 9°45'15"East 287.51 feet,thence South 0°06' West 261.27 feet,thence South 14°18" West 256.24 feet,thence South 65.02 feet,thence West 766 feet to the East line of North Elk Run Road,thence South 70 feet along said right- of-way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South 60 feet,thence East 165 feet,thence South 0'07'14"East 777.35 feet,thence South 81°02'06" West 255.19 feet,thence South 94.32 feet to the South line of the Northwest quarter(NW 1/4) of said Section,thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12,thence North along said West line to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right-of-Way line through Section 21,Township 89, Range 12 to its intersection with the West line of Southeast quarter(SE 1/4) of the Northwest quarter (NW 1/4), of Section 21,thence South along said West line to the Northwest corner of the Northeast quarter(NE 1/4) of the Southwest quarter(SW 1/4) said Section,thence East along the North line of the Southwest quarter(SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate liinit line of Waterloo,thence South along the East line of the Southwest quarter(1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast '/4 of said Section, except the Southeast '/4 of the Southeast '/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest'/4 of the Southeast '/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section,thence North along the West line of said Section to the West '/4 corner of said Section,thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast'/4 of the Southeast'/4 of said Section,thence South along the West line of the Northeast '/4 of the Southeast '/4 of said Section to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right of Way line to the South line of the North'/Z of the Northeast '/4 of the Southwest '/4 of Section 20 Township 89 Range 13,thence East along the South line of North ''/z of the Northeast '/4 of the Southwest'/4 and the South line of the North%of the Northwest'/4 of the Southeast '/4 to its intersection with a line 66 feet West of and parallel to the West line of the East '/z of the Southeast '/4 said Section,thence South along said parallel line to the South line of said Section,thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue), thence Northerly along the centerline of Northeast Drive, as now established, to North line of the South 990' of said Section,thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Page 169 of 259 Except the following areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. Also except a parcel of land located in the Northwest 1l/4 of the Southeast'/4 of Section 21,Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. 1 area located in Section 20, Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa, but not excepting that part of the West 1/z of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West'/z of the Southeast '/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive(formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian,Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right-of-Way, except the North 990 feet thereof. Page 170 of 259 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: October 13, 2017 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Amendments to the Northeast Industrial Area Urban Renewal MEMBERS ................... TOM Planning staff is proposing to amend the Northeast Industrial Area Urban POWERS Renewal and Redevelopment Plan and TIF District by removing multiple areas Ward I from the existing TIF boundary, and then putting those areas back into the TIF BRUCE boundary. The end result of the amendments will not increase the area of the JACOBS existing TIF boundary. The areas being removed and then put back in the TIF are Ward undeveloped areas that are not likely to develop before their 20 year sunset, and PAT the amendment will establish a new 20 year sunset for these areas. Once removed MORRISSEY from the existing TIF, any increment will be released from the TIF, and once put Ward 3 back in, the current values will become the new frozen base that is released to all JEROME taxing entities, including the City of Waterloo's general fund. Only future AMOS increment from future development of these areas would be captured by the TIF. Ward 4 This would appear to be the best model to accomplish economic development of RON this area. The amendment will also update projects and project budgets to be WELDER included in the Plan, and include other general updates to the Plan. Ward 5 Attached are three maps, including a map that shows the existing Northeast TOM LIND Industrial Area TIF District Boundary, as well as a map that shows what areas At-Large would be removed (Amendment No. 3), and then a map that shows the areas to be put back into the TIF District (Amendment No. 4). STEVE SCHMITT If you have any questions on the amendments, please contact our office. At-Large Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! Page 171 of 259 An Equal Opportunity/Affirmative Action Employer g �O./� W J I GaJV Z# . puawv LL ILL LU A{ f J ` eob unM�II3 14 N' ; ON i cn f Of, TE zff Q 4 , L � o Qy C .., _..____..�....,__.. C.: F r 4-0 L su. � i mss I iy 11 Q t o r 1Li� r s c� c 0 m T N � \ I � 01-1 w peob unM 413 4:P JRON 0 N _ A r � J� d G F- m _ W � L o a 'a d Z N AMA E: L O Z N s a �m� zQ Q � � c co o � o m QU p x L ■— w D (� LL 0 LL 1 I Co Qa) c W z w _ peob unb�113 4:PoN RUN •— J L ♦■+ 0 c ■ cL >, a) L d O A+ d W � C a � Q w i � L - Y a A� W L Z N a � AMA Ll I P� 2 s a �m� zQ CITY OF WATERLOO Council Communication Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 4 Expansion Area, to expand the boundaries of the TIF area and include other updates. City Council Meeting: 12/11/2017 Prepared: 11/20/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 11/20/2017 - 12:59 PM Clerk Office Even, LeAnn Approved 11/20/2017 - 4:10 PM ATTACHMENTS: Description Type ❑ NE Amendment No 4 Backup Material ❑ P&Z Memo for Northeast Amendments Backup Material Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of SUBJECT: Waterloo. County of Black Hawk, State of Iowa. by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval By separate action the Northeast Industrial Area Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. This amendment will put these areas back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Summary Statement: Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is was held on Page 175 of 259 November 8, 2017. The amendment will also update projects and include additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission reviewed the proposed amendment at their regular meeting on November 14, 2017 and unanimously recommended approval of the amendment. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 176 of 259 Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA,50703 319-291-4366 Return to preparer after recording. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 4 - 2017) Page 177 of 259 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the City of Waterloo should develop the Northeast Industrial Area into a nationally recognized industrial park. This is made possible with the construction of North Elk run Road, the sewage lagoon and the proposed Martin Luther King Drive. The Northeast Industrial Area Urban Renewal and Redevelopment Plan presents a proposal for the location of an industrial park on various lands at and near the Northeast Industrial Area. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan,pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 178 of 259 TABLE OF CONTENTS I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA-ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING &ZONING COMMISSION RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 Page 179 of 259 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING 3 Page 180 of 259 I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description(See Attachment`B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Northeast Industrial Area Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Northeast Industrial Area Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. 4 Page 181 of 259 (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Northeast Industrial Area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision,removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Northeast Industrial Area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, rail, traffic control,parking, skywalks, street amenities, etc., which may be necessary as the area is developed. (6) All of the objectives adopted by the original plan adopted in 1993, Amendment No. 1 adopted in 2004, and Amendment No. 2 adopted in 2015. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. C. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan in that both strive to: 5 Page 182 of 259 a. Maintain the City's role as a regional center of commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets,rail, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, rail access, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for 6 Page 183 of 259 necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the Northeast Industrial Area. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. C. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. 7 Page 184 of 259 The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. Northeast Industrial Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the Northeast Industrial Area. The known and anticipated projects are listed in Attachment D. In the future this list of projects maybe amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets,rail, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds,potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Northeast Industrial area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, rail, sidewalks, walkways or other places within the Project Area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan I. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo Planning, Programming and Zoning Commission (when required) and a public hearing is held. 8 Page 185 of 259 F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses,relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment «F») G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment"C" attached to the latest Plan amendment. II. PROJECT BUDGET A. Narrative The Northeast Industrial Area Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed,but specific project budgets cannot be identified as specific locations are not available. However,preliminary budgets for known and anticipated projects are listed in Attachment"D". 1. Acquisition of property. 2. Tax rebate program The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each new taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10)years, or twenty(20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2)to pay off public improvements (street and/or parking improvements, extension of skywalks, etc.) associated with enhancing the new development and/or the 9 Page 186 of 259 total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of 5500.00. This program is not applicable to the Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers,parking, streetscape, bridge improvements, skywalks, sidewalks, rail, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. The tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets,rail, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements,parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 10 Page 187 of 259 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, HQJC, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A-K. A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming &Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting Tax Increment Financing District K. Notice of Public Hearing 11 Page 188 of 259 Q � � c o � co � m Q U O X Lu LL Co Q (1) LU I z w — — — — — peob unb 413 41JON RON •— JLO i U) LL d O A+ d W C a � Q � d •y � d w i � L - Y a V+ Z N A� W L Z N i I�E�El s a ��� zQ Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Oripainal Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5t"Principal Meridian in the City of Waterloo,Black Hawk County,Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89,Range 12,thence West along the South line of said Section to a point that is sixty-six(66)feet West of the West line of the East one-half (1/2) of the Southeast quarter(SE 1/4) of said Section,thence North along a line sixty-six(66)feet West of the West line of said East one-half(1/2)to its intersection with the South line of the North one-half (1/2) of the Northwest quarter(NW 1/4) of the Southeast quarter(SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter(1/4) of said Section,thence Northerly along the West line of the Northeast quarter(NE 1/4) of the Southeast quarter(SE 1/4) said Section to the Southwest corner of the Southeast quarter(SE 1/4)of the Northeast quarter(NE 1/4) said Section,thence West along the South line of the North one-half(1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter(SW 1/4) of the Northwest quarter(NW 1/4) said Section,thence East one hundred ninety-four and four tenths (194.4) feet,thence North parallel to the West line of said Section to the North line of said Section,thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15,Township 89, Range 12 to the Northwest corner of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) said Section, thence East along the North line of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) to the Northeast corner of said quarter(1/4)quarter(1/4) said Section,thence South along the East line of the Southwest quarter(SW 1/4)of the Southwest quarter(SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said South Right-of-Way line to its intersection with the East line of the Southeast quarter(SE 1/4) of the Southwest quarter(SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo,thence South following the current(1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22,Township 89, Range 12,thence continuing South along the East line of the Northeast quarter(NE 1/4) of the Northwest quarter(NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section,thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±,thence North 40°01'01"West 166.19 feet,thence North 15°32'50"West 194.91 feet,thence North 02°34'55"West 174.45 feet,thence North 32°18'09"East 115.17 feet, thence North 57°10'27"East 111.27 feet to the South line of the Union Pacific Railroad Right of Way,thence South 70°11'41"West along said South Right-of-Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27"East 190.29 feet, thence South 73°13'02"East 119.21 feet, thence South 61°04'21"East 154.14 feet, thence South Page 190 of 259 40°08'51"East 145.09 feet, thence South 24°47'31"East 141.92 feet, thence South 9°45'15"East 287.51 feet,thence South 0°06' West 261.27 feet,thence South 14°18" West 256.24 feet,thence South 65.02 feet,thence West 766 feet to the East line of North Elk Run Road,thence South 70 feet along said right- of-way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South 60 feet,thence East 165 feet,thence South 0'07'14"East 777.35 feet,thence South 81°02'06" West 255.19 feet,thence South 94.32 feet to the South line of the Northwest quarter(NW 1/4) of said Section,thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12,thence North along said West line to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right-of-Way line through Section 21,Township 89, Range 12 to its intersection with the West line of Southeast quarter(SE 1/4) of the Northwest quarter (NW 1/4), of Section 21,thence South along said West line to the Northwest corner of the Northeast quarter(NE 1/4) of the Southwest quarter(SW 1/4) said Section,thence East along the North line of the Southwest quarter(SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate liinit line of Waterloo,thence South along the East line of the Southwest quarter(1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast '/4 of said Section, except the Southeast '/4 of the Southeast '/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest '/4 of the Southeast '/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section,thence North along the West line of said Section to the West '/4 corner of said Section,thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast'/4 of the Southeast'/4 of said Section,thence South along the West line of the Northeast'/4 of the Southeast '/4 of said Section to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right of Way line to the South line of the North'/Z of the Northeast'/4 of the Southwest '/4 of Section 20 Township 89 Range 13,thence East along the South line of North ''/z of the Northeast '/4 of the Southwest''/4 and the South line of the North%z of the Northwest'/4 of the Southeast '/4 to its intersection with a line 66 feet West of and parallel to the West line of the East '/z of the Southeast '/4 said Section,thence South along said parallel line to the South line of said Section,thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue),thence Northerly along the centerline of Northeast Drive, as now established,to North line of the South 990' of said Section,thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Except the following areas removed from the Amendment No. I area by Amendment No. 3 (2017): Page 191 of 259 The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County,Iowa. Also except a parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21,Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. I area located in Section 20, Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,but not excepting that part of the West%of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West '/2 of the Southeast '/4 of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive(formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian,Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right-of-Way, except the North 990 feet thereof. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County,Iowa. And, A parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County,Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. And, That part of the above described Amendment No. I area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa, except that part of the West ''/z of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and except that part of the North 5 acres of the West '/z of the Southeast'/4 of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive(formerly Bishop Avenue), and except the Union Pacific Railroad Right of Way. Page 192 of 259 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2015 January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165 Legal Bonding Rate 5% Legal Bonding Limit $ 188,507,108 Less Outstanding G.O. & Other Debt ($ 94,503,764) Unused Gross bonding Capacity $ 94,003,344 50% of legal limit Page 193 of 259 Attachment D- Northeast Industrial Park Amendment No. 4 (2017) Project Proposals Proposed Budgets 1) Future or Anticipated Acquisition $2,800,000 2) Future or Anticiapted Demolition $500,000 3) Site Improvements, platting $2,000,000 4) Water&Sewer $2,000,000 5) Legal fees, consulting fees, and related expenses $500,000 associated with administration and operation of the Urban Renewal Area 6) Miscellaneous (certification, environmental) $300,000 7) Railroad extension $700,000 8) Twin City Tannery- rebates $61,000 9) Veteran Enterprises- rebates $70,000 10) Ferguson Enterprises- rebates $625,000 11) Eagles Wings (Harris Cleaning) - rebates $40,000 12) ConTrol - rebates $150,000 13) Heavy water prospect- infrastructure and rebates $500,000 14) Light Industrial prospect- rebates $1,800,000 Total $12,046,000 Page 194 of 259 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo,plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety(90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty(30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). 16 Page 195 of 259 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program,persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Community Planning&Development Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Community Planning & Development Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. 17 Page 196 of 259 ATTACHMENT G A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 4 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Long Range Use Plan for this area, NOW THEREFORE, BE IT RESOLVED that the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 4 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2017. Craig Holdiman, Chairperson ATTEST: Aric Schroeder, Secretary CERTIFICATE We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning Programming & Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming &Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. Craig Holidman, Chairperson Aric Schroeder, Secretary 18 Page 197 of 259 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES 19 Page 198 of 259 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING 20 Page 199 of 259 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING 21 Page 200 of 259 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING 22 Page 201 of 259 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: October 13, 2017 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Amendments to the Northeast Industrial Area Urban Renewal MEMBERS ................... TOM Planning staff is proposing to amend the Northeast Industrial Area Urban POWERS Renewal and Redevelopment Plan and TIF District by removing multiple areas Ward I from the existing TIF boundary, and then putting those areas back into the TIF BRUCE boundary. The end result of the amendments will not increase the area of the JACOBS existing TIF boundary. The areas being removed and then put back in the TIF are Ward undeveloped areas that are not likely to develop before their 20 year sunset, and PAT the amendment will establish a new 20 year sunset for these areas. Once removed MORRISSEY from the existing TIF, any increment will be released from the TIF, and once put Ward 3 back in, the current values will become the new frozen base that is released to all JEROME taxing entities, including the City of Waterloo's general fund. Only future AMOS increment from future development of these areas would be captured by the TIF. Ward 4 This would appear to be the best model to accomplish economic development of RON this area. The amendment will also update projects and project budgets to be WELDER included in the Plan, and include other general updates to the Plan. Ward 5 Attached are three maps, including a map that shows the existing Northeast TOM LIND Industrial Area TIF District Boundary, as well as a map that shows what areas At-Large would be removed (Amendment No. 3), and then a map that shows the areas to be put back into the TIF District (Amendment No. 4). STEVE SCHMITT If you have any questions on the amendments, please contact our office. At-Large Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! Page 202 of 259 An Equal Opportunity/Affirmative Action Employer g �O./� W J I GaJV Z# . puawv LL ILL LU A{ f J ` eob unM�II3 14 N' ; ON i Q = a 4 . 0 ay CD F r •L su. � i mss CoA I iy Q t I o r � :, - c� c 0 m T N � \ I � 01-1 w peob unM 413 4:P JRON 0 N � d G W � L � a 'a d Z N AMA L O Z N s a �m� zQ Q � � c co o � o m QU p x L ■— w D (� LL 0 LL 1 I Co Qa) c W z w _ peob unb�113 4:PoN RON •— J L ♦■+ 0 c ■ cL >, a) L d O A+ d W C a � Q w i � L - Y a A� W L Z N a � AMA FTI mm F:Fj FTI 2 s a �m� zQ CITY OF WATERLOO Council Communication San Marnan Urban Renewal and Redevelopment Plan Amendment No. 3 Removal Area, to remove properties from the TIF area. City Council Meeting: 12/11/2017 Prepared: 11/20/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 11/20/2017 - 1:07 PM Clerk Office Even, LeAnn Approved 11/20/2017 - 4:21 PM ATTACHMENTS: Description Type ❑ San Martian Amendment No 3 Backup Material ❑ P&Z Memo for San Marnan Amendments Backup Material Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on allproperty located within the newly described San Martian Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of SUBJECT: Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts,be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Pro-ject. . Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The San Marnan Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. By separate action, it is proposed that these areas will be put back into the TIF boundary, and add one additional property. The end result of the amendments will only increase the area of the existing TIF boundary by including one additional parcel. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be Summary Statement: released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a Page 206 of 259 TIF Plan require a consultation with taxing entities, which was held on November 8, 2017. The Planning, Programming and Zoning Commission reviewed the proposed amendment at their regular meeting on November 14, 2017 and unanimously recommended approval of the amendment. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 207 of 259 Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA,50703 319-291-4366 Return to preparer after recording. AMENDMENT 3 TO SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On April 19, 1999, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4351 and on July 26, 1999 adopted Resolution No. 1999- 499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the San Marnan Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan")(Original area). B. On December 13, 2004, the City Council adopted Ordinance 4748 and Resolution No. 2004-835, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On September 14, 2009, the City Council adopted Ordinance 4956 and Resolution No. 2009-912, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 3 removal area. AMENDMENT NOW THEREFORE, the San Marnan Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B wich are attached hereto are substituted in their place so that the Plan shows the current legal description and map, describing and depicting the boundaries of the San Marnan Urban Renewal and Redevelopment Plan and TIF District, as amended. Page 208 of 259 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of 12017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk 2 Page 209 of 259 '� 11111111 0 , !'•�.;�.,��.. 11111111- \111!= Iii I :II 1111- E-111..■ ■ �:■ 1 I�s�•IrIr41 = • I.��•A•ill? ■■■i��IIIIIP.?� r'►ww�►vvvvvv�w-���w�� • .u .I►IIII��: - -111111. �.............�►.......1 .. 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POWWWi�iWWW iW W,Wi0 W ��.�.�.�►•�•�•�� 1111 tl 111111■■11111■■■■■r 1111 j ►i������� ��� V������WOO. ����������������������►i�i�i�► 1111 ►.......♦ �......�.....�......�►..�/ • NINE■■■1■■1111■■111 ►���.�.�.�.�.�.�.1 ���.....���.�.�.�.�.���.�.���.�.�.�►�.�.��� • I�It�������■111■■■■■■1111111■1■■ ►���.�.�.�.�.�.�� WWWWWWO�.�.�.�.�.���.�.���.�.�.�►�.�.��� \I 1111■■■111111111 - ►��♦.♦.♦.♦.♦.♦.♦ISI ��♦.♦.♦.♦.♦.♦�►.♦.♦.♦.♦.♦��.♦.��♦.♦.♦.�/♦.♦.♦�� 11111■■1111■ 1111\. �.�.�.�.�.•.�•. ��•.�•_��•.,►.....►�.�...�...'► 1111■1111111 1111■■■111111■ ���■1 ���♦iAll OUR �� ••♦••••♦♦♦♦♦♦♦♦♦♦♦��•♦•��♦♦♦♦♦♦�/♦�♦♦♦�� 1■■� III ♦�� Q11111��� �� � 1� ►���♦.♦.♦.�.♦.♦.♦.♦.♦.�.♦.�►♦.���.�.♦.♦��♦.♦.�/ 3*5 OW NO �` :.�i.1111111',� �4.�.........►������//...1 11� ■■� �/111111■111111 . _ �.�.�� i,;►.��♦./►���.�.��/ �1j�i, ► 111■��i 1♦�♦.� ENO■■■�1 1 ".♦.,."►�.♦.♦��� �1011i Oi0 `�� SEMI ■N� - �������� WWWO WOR ■� i►�i��i�i�i�i�0 :■ — FOR , 1����♦�♦♦♦��i�, ��11� ���■■1111■ 1111 /���♦���''� ♦.�■�'1!■1111111111 I ■■ �■■ ►...,. .moi � ... .a.��i:11I■ ��. ,111■==■ ,.,.,. �►i�►♦ ■■■■.... ■� Ii■ - .� ', � i`IIIIIIN il:1■1111111111■ 1 ♦♦ •�� 1���1=:111► `'1 ♦- ► • � 111■1■ Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1999) (Original Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo,Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a curve concave Not having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet;thence N 00°26'14" W a distance of 367.24 feet;thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo,Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) Beginning at the intersection of the centerlines of W. 4"' Street and West San Marnan Drive,thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive,thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45026' 14"East a distance of 173.84 feet,to a point on the Southwesterly line of Lot 1 Tower Park Addition,thence following said line of Lot 1 57.3 feet along a 64 foot radius curve,thence South 45°26' 14"East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14"East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an Page 211 of 259 extension thereof to the centerline of Kimball Avenue,thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20,thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 1/4 of Section 10 Township 88 Range 13,thence South along the East line of the West N of said Section 10 to the South line of said Section,thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section,thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section,thence West 466 feet along the South line of Section 8 Township 88 Range 13,thence North 466 feet,thence East 466 feet to the East line of said Section 8,thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20,thence Westerly along said centerline to its intersection with the centerline of West 4th Street,thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4,NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo,Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County,Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00026'14" E a distance of 346.22 feet;thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00026'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89"34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet;thence S 89003'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo,Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13,but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE '/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543,Page 141,in the Black Hawk County Recorder's Office;thence S89°40'05"W 49.00'; Page 212 of 259 thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Mannan Drive and the Northerly extension of the West line of the Northeast'/4 of the Northwest'/4 of Section 9,T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established,to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Mannan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Mannan Drive to the Point of Beginning. Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter(NW '/4) of Section 10,Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western-most line of Lot 1, Anderson's Addition; thence Northerly along said Western-most line of Lot 1,Anderson's Addition and the extension thereof,to the South line of Lot 1, Anderson's 1st Addition;thence Westerly along the South line of Lot 1,Anderson's 1't Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North Page 213 of 259 along the West right of way line of Mirage Ridge to the South line of Lot 1,Anderson's Fifth Addition; thence Westerly along the South line of Lot 1,Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof,to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Page 214 of 259 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: October 13, 2017 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Amendments to the San Marnan Area Urban Renewal MEMBERS ................... TOM Planning staff is proposing to amend the San Marnan Urban Renewal and POWERS Redevelopment Plan and TIF District by removing multiple areas from the Ward I existing TIF boundary, and then putting those areas back into the TIF boundary. BRUCE The end result of the amendments will not significantly increase the area of the JACOBS existing TIF boundary. One additional area that was not previously included in Ward the TIF District will be added to correct a previous error in the boundary. The PAT areas being removed and then put back in the TIF are undeveloped areas that are MORRISSEY not likely to develop before their 20 year sunset, and the amendment will establish Ward 3 a new 20 year sunset for these areas. Once removed from the existing TIF, any JEROME increment will be released from the TIF, and once put back in, the current values AMOS will become the new frozen base that is released to all taxing entities, including the Ward 4 City of Waterloo's general fund. Only future increment from future development RON of these areas would be captured by the TIF. This would appear to be the best WELPER model to accomplish economic development of this area. The amendment will wards also update projects and project budgets to be included in the Plan, and include TOM other general updates to the Plan. LIND At-Large Attached are three maps, including a map that shows the existing San Marnan Development Plan Area TIF District Boundary, as well as a map that shows what STEVE areas would be removed (Amendment No. 3), and then a map that shows the SCHMITT areas to be put back into the TIF District(Amendment No. 4). At-Large If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! Page 215 of 259 An Equal Opportunity/Affirmative Action Employer g �__�:■aR°��♦seg♦a�� ■Iliiellie���fl�® - ��e� ®:Is♦♦!!!= ■�■� o AAA®:w �..r- ♦ 1�® 111- er- - -.tp�wla®1 ■ -�ellul-�- .. _�:, . 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I.►i■►.� ■■■.....�■■■■■ r■7 .' ' ■ �`111111 ■ 11:I■1111111111■ � i � I1111111■ CITY OF WATERLOO Council Communication San Marnan Urban Renewal and Redevelopment Plan Amendment No. 4 Expansion Area, to expand the boundaries of the TIF area and include other updates. City Council Meeting: 12/11/2017 Prepared: 11/20/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 11/20/2017 - 1:08 PM Clerk Office Even, LeAnn Approved 11/20/2017 - 4:21 PM ATTACHMENTS: Description Type ❑ P&Z Memo for San Mannan Amendments Backup Material ❑ San Marnan Dev Pllan No. 4 Cover Memo Motion to receive, file, consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo. County of Black H" State of Iowa,by and for the benefit of the State of Iowa. City of Waterloo,. SUBJECT: County of Black Hawk, Waterloo Community School District and other taxing districts,be paid to a special fund for pavment of principal and interest on loans, monies advanced to and indebtedness, includingbonds onds issued or to be issued, incurred by said City in connection with said urban renewal Project. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval By separate action the San Marnan Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. This amendment will put those areas back into the TIF boundary, and add one additional property. The end result of the amendments will only increase the area of the existing TIF boundary by including one additional parcel. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become Summary Statement: the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of Page 219 of 259 these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which was held on November 8, 2017. The amendment will also update projects and include additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission reviewed the proposed amendment at their regular meeting on November 14, 2017 and unanimously recommended approval of the amendment. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 220 of 259 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: October 13, 2017 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Amendments to the San Marnan Area Urban Renewal MEMBERS ................... TOM Planning staff is proposing to amend the San Marnan Urban Renewal and POWERS Redevelopment Plan and TIF District by removing multiple areas from the Ward I existing TIF boundary, and then putting those areas back into the TIF boundary. BRUCE The end result of the amendments will not significantly increase the area of the JACOBS existing TIF boundary. One additional area that was not previously included in Ward the TIF District will be added to correct a previous error in the boundary. The PAT areas being removed and then put back in the TIF are undeveloped areas that are MORRISSEY not likely to develop before their 20 year sunset, and the amendment will establish Ward 3 a new 20 year sunset for these areas. Once removed from the existing TIF, any JEROME increment will be released from the TIF, and once put back in, the current values AMOS will become the new frozen base that is released to all taxing entities, including the Ward 4 City of Waterloo's general fund. Only future increment from future development RON of these areas would be captured by the TIF. This would appear to be the best WELPER model to accomplish economic development of this area. The amendment will wards also update projects and project budgets to be included in the Plan, and include TOM other general updates to the Plan. LIND At-Large Attached are three maps, including a map that shows the existing San Marnan Development Plan Area TIF District Boundary, as well as a map that shows what STEVE areas would be removed (Amendment No. 3), and then a map that shows the SCHMITT areas to be put back into the TIF District(Amendment No. 4). At-Large If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! Page 221 of 259 An Equal Opportunity/Affirmative Action Employer g �__�:■aR°��♦seg♦a�� ■Iliiellie���fl�® - ��e� ®:Is♦♦!!!= ■�■� o AAA®:w �..r- ♦ 1�® 111- er- - -.tp�wla®1 ■ -�ellul-�- .. _�:, . 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I.►i■►.� ■■■...■.�■■■■■ r■7 .' ' ■ �`111111 ■ 11:1.1111111111■ � i � ;: 1111111■ Prepared by Aiic Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA,50703 319-291-4366 Return to preparer after recording. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 4 - 2017) Page 225 of 259 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversity and increase the property tax base and which will increase employment opportunities. The San Marnan Urban Renewal and Redevelopment Plan presents a proposal for the location of a business park on various lands between San Martian Drive and U.S. Highway 20 between West 4th Street and Iowa Highway 21. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. - 1 - Page 226 of 259 TABLE OF CONTENTS I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS. E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA - ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECK LIST F. RELOCATION CHECK LIST G. PLANNING, PROGRAMMING &ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION - 2 - Page 227 of 259 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING - 3 - Page 228 of 259 I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment"A") 2. Boundary Description(See Attachment`B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake the San Marnan Urban Renewal and Redevelopment Plan under the provisions of the Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed San Marnan Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of industrial and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining,repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy, promote commercial and industrial development, expansion, of existing business and industry and attraction of new industry. In accordance with this public purpose, the San Marnan Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. (2) Encourage investment in the residential, commercial, and industrial existing uses and vacant land in the San Marnan - 4 - Page 229 of 259 Area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and industrial uses and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, loans, grants and/or any other incentives that will result in development of the San Marnan Area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, such as sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities,bike trails, etc., that may be necessary as the area is developed. (6) All objectives of the original plan adopted in 1999, Amendment No. 1 plan adopted in 2004, and Amendment No. 2 plan adopted in 2009. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of plan objectives. a. Stimulate land uses which will strengthen and compliment existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. C. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This plan is consistent with the long-range land use plan in that both strive to: a. Maintain the City's role as a regional center of commerce and industry. - 5 - Page 230 of 259 b. Assure land uses which will strengthen and compliment existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. To provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers,parking, traffic control, streetscape amenities, skywalks, bike trails, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefore. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for necessary physical improvements and infrastructure, and to find other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Code to develop and provide for improved economic conditions in the City of Waterloo. - 6 - Page 231 of 259 i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the San Marnan Urban Renewal and Redevelopment Area. 2. Land Acquisition and Disposition The City intends to finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities; b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the Plan. C. To acquire any and all interests in any property within the Project Area, which in any way dominates or controls usage of other real property, proposed to be acquired. The City may make improvements for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership, which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this Plan. 3. San Marnan Urban Renewal and Redevelopment Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the San Marnan Urban Renewal and Redevelopment Area. The known and anticipated projects are listed in Attachment"D". In the future this - 7 - Page 232 of 259 list of projects may be amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, bike trails, skywalks, sidewalks, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction and G.O. Bonds which will be paid off will the increased tax increment revenues resulting from private investment in the San Martian area. D. Other Provisions Necessary to Meet State and Local Requirements I. In accordance with this San Martian Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate,plan or replan streets,roads, sidewalks, walkways or other places within the project area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment"E".) E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with the Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo, Planning, Programming and Zoning Commission and a public hearing is held. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Chapter 403.5, 4a, and in the event any properties area acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment"F".) G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment"C" attached to the latest Plan amendment. - 8 - Page 233 of 259 II. Project Budget A. Narrative The San Marnan Urban Renewal and Redevelopment Plan includes the areas as described in Attachment`B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that maybe used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment"D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or redevelopment is completed is frozen. While the frozen amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to twenty(20) years. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or(2) to pay off public improvements (street and/or parking improvements, etc.) associated in enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of$500.00. This program is not applicable to the Self Supported Municipal Improvement District levy or other special tax assessments and/or the debt service levy. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, etc. B. Loans or Grants. The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this San Marnan Urban Renewal and Redevelopment Plan and the Code. In furtherance of the objectives under this San Marnan Urban Renewal and - 9 - Page 234 of 259 Redevelopment Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grants funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing. The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City, the tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, parking facilities, water mains, bike trails or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements. 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 427B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. Legal Data See Attachments A-K A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist - 10 - Page 235 of 259 F. Relocation Checklist G. Planning, Programming & Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation L Resolution Adopting Plan J. Ordinance Adopting Tax Increment Finance District K. 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I.►i■►.� ■■■.....�■■■■■ r■7 .� ' � i`111111 ■ i1:I■NIIIIINIII■ 1 � Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1999) (Original Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo,Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a curve concave Not having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet;thence N 00°26'14" W a distance of 367.24 feet;thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo,Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) Beginning at the intersection of the centerlines of W. 4"' Street and West San Marnan Drive,thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive,thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45026' 14"East a distance of 173.84 feet,to a point on the Southwesterly line of Lot 1 Tower Park Addition,thence following said line of Lot 1 57.3 feet along a 64 foot radius curve,thence South 45°26' 14"East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14"East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an Page 238 of 259 extension thereof to the centerline of Kimball Avenue,thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20,thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 1/4 of Section 10 Township 88 Range 13,thence South along the East line of the West N of said Section 10 to the South line of said Section,thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section,thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section,thence West 466 feet along the South line of Section 8 Township 88 Range 13,thence North 466 feet,thence East 466 feet to the East line of said Section 8,thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20,thence Westerly along said centerline to its intersection with the centerline of West 4th Street,thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4,NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo,Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County,Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00026'14" E a distance of 346.22 feet;thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00026'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89"34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet;thence S 89003'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo,Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13,but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE '/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543,Page 141,in the Black Hawk County Recorder's Office;thence S89°40'05"W 49.00'; Page 239 of 259 thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Mannan Drive and the Northerly extension of the West line of the Northeast'/4 of the Northwest'/4 of Section 9,T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established,to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Mannan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Mannan Drive; thence Westerly along said centerline of West San Mannan Drive to the Point of Beginning. Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter(NW '/4) of Section 10,Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western-most line of Lot 1, Anderson's Addition; thence Northerly along said Western-most line of Lot 1,Anderson's Addition and the extension thereof,to the South line of Lot 1, Anderson's 1st Addition;thence Westerly along the South line of Lot 1,Anderson's 1't Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North Page 240 of 259 along the West right of way line of Mirage Ridge to the South line of Lot 1,Anderson's Fifth Addition; thence Westerly along the South line of Lot 1,Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof,to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo,Black Hawk County,Iowa. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described Amendment No. 1 area located in Section 8 of T88 R13,but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE '/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office;thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62';thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Martian Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Martian Drive and the Northerly extension of the West line of the Northeast '/4 of the Northwest'/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20;thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89'34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established;thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Martian Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1;thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way lien to the centerline of West San Martian Drive;thence Westerly along said centerline of West San Martian Drive to the Point of Beginning. Page 241 of 259 And, That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast'/4 of the Northeast'/4 of Section 10,T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast'/4 of the Northeast '/4, and except Parcel A,being part of the Northeast'/4 of Section 10, T88R13,pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast'/4 of the Northeast '/4,recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. Page 242 of 259 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2015 January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165 Legal Bonding Rate 5% Legal Bonding Limit $ 188,507,108 Less Outstanding G.O. & Other Debt ($ 94,503,764) Unused Gross bonding Capacity $ 94,003,344 50% of legal limit Page 243 of 259 Attachment D-San Marnan Amendment No. 4 (2017) Project Proposals Proposed Budgets 1) Future or Anticipated Acquisition $8,000,000 2) Future or Anticiapted Demolition $500,000 3) Site Improvements, platting $500,000 4) Sanitary Sewer, water, road $4,000,000 5) Legal fees, consulting fees, and related expenses $500,000 associated with administration and operation of the Urban Renewal Area 6) Miscellaneous (certification, environmental) $300,000 7) WW Grainger Rebates $1,200,000 8) JJB Fin. Res. Adv.Tax Rebates $222,932 9) Cardinal 10,000 sq.ft. (Vets)Tax Rebates $468,866 10) Cardinal Medical PHP Tax Rebates $240,000 11) Hope Martin Anderson Tax Rebates $120,000 12) MFG LLC Tax Rebates $282,838 13) MBAK Kimball Beecher Tax Rebates $336,278 14) VGM - tax rebates $2,100,000 grant $700,000 15) New medical prospect- rebates $400,000 16) Taylor- rebates $450,000 17) Green Acres- rebates $504,000 Total $20,824,914 Page 244 of 259 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo,plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety(90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty(30) days prior to the required vacation date. The thirty(30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. S. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). - 16 - Page 245 of 259 ATTACHMENT "F" CITY OF WATERLOO, IOWA RELOCATION CHECK LIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo Relocation Agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, displaces may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the City Planner, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of your claim application, the City Planner will appoint a review board and notify you when and where a hearing will be held. The review board will recommend a decision on your claim to the City of Waterloo. The Relocation Agent will notify you in writing of the City of Waterloo's decision within one (1) week. - 17 - Page 246 of 259 ATTACHMENT "G" A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 4 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Long Range Use Plan for this area, NOW THEREFORE, BE IT RESOLVED that the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 4 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2017. Craig Holdiman, Chairperson ATTEST: Aric Schroeder, Secretary CERTIFICATE We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning Programming &Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming &Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. Craig Holidman, Chairperson Aric Schroeder, Secretary - 18 - Page 247 of 259 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES - 19 - Page 248 of 259 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING - 20 - Page 249 of 259 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING - 21 - Page 250 of 259 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING - 22 - Page 251 of 259 CITY OF WATERLOO Council Communication Motion to approve Change Order Nos. 1-3 for a total increase of$28,114.54, to Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with the FY 2018 Waterloo Boathouse Enhancements. City Council Meeting: 12/11/2017 Prepared: 12/5/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 12/5/2017 - 11:23 AM Clerk Office Even, LeAnn Approved 12/5/2017 - 1:19 PM ATTACHMENTS: Description Type ❑ Change Orders 1-3 Cover Memo Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager Leisure Services Approve change orders 1-3 in the amount of$28,114.54 to Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with the FY2018 Recommended Action: waterloo Boathouse Enhancements for additional electrical work for lighting, additional excavation and concrete work at boat landing and addition of concrete grout on new rip rap at boat ramp to secure from displacement during flooding. Original Bid: $787,364.75 Change Order#1: $ 9,736.10 Summary Statement: Change Order#2: $ 15,378.44 Change Order#3: $ 3000.00 Total: $815,479.29 Expenditure Required: $28,114.54 increase. $200,000.00 REAP Grant from IDNR Source of Funds: $500,000.00 BHCGA Gaming Grant $296.737 00 GO Bond Funds $996,737.00 Total Policy Issue: Strategy 4.5 Quality of Place Page 252 of 259 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 1 PROJECT: F.Y. 2018 Waterloo Boathouse Enhancements , CONTRACT NO. 940 Date Prepared: November 22, 2017 AMOUNT: $ 9,736.10 Increase TO: PETERSON CONTRACTORS, INC., Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated October 4, 2017. A. Description of change to be made or extra work to be done: 1. Change circuit / feeder conductors from aluminum to copper. 2. Provide and install conduit / wire feeder from utility transformer to new trail lighting panel and reduce ampacity of new panel from 200 amps to 100 amps. B. Reason for ordering change or extra work: 1. Comply with City of Waterloo standards. 2. The drawings indicate this work to be done by MidAmerican Energy. MidAmerican Energy has declined to perform this work. This work is necessary for the project and will be done by the electrical sub-contractor. Ampacity was lowered to reduce cost of the work and still meet the needs of the project. C. Settlement for cost of work to be made as follows: 1. Add $2,313.50 2. Add $7,422.80 Total Net Increase $ 9,736.10 CITY OF WATERLOO PETERSON CONTRACTORS, INC. CONTRACTOR BY: BY: (' Date Quentin Hart, Mayor Date t2/ t /17 /t ATTEST: PRINTED NAME: am UQ,nil— TITLE: Kelley, Felcher, City Clerk Date WATERLOO LEISURE SERVICES WAYIN AASSEN ENGINEERING & SURVEYING, INC. Travis Nichols Date Page 253 of 259 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 2 PROJECT: F.Y. 2018 Waterloo Boathouse Enhancements , CONTRACT NO. 940 Date Prepared: November 22, 2017 AMOUNT: $ 15,378.44 Increase TO: PETERSON CONTRACTORS, INC., Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated October 4, 2017. A. Description of change to be made or extra work to be done: Excavate rubble under proposed boat landing, place an 8" thick crushed stone base of 1" washed concrete stone,concrete footing and reinforced back wall as shown on the attached. B. Reason for ordering change or extra work: An extensive amount of rubble was discovered under the proposed boat landing during its construction that must be removed to provide a stable structure. C. Settlement for cost of work to be made as follows: Add a lump sum of $15, 378 . 44 Total Net Increase $ 15,378.44 CITY OF WATERLOO PETERSON CONTRACTORS, INC. CONTRACTOR BY: BY: Quentin Hart, Mayor Date (-Z- 17 Date ATTEST: PRINTED NAME: TITLE: Kelley, Felcher, City Clerk Date WATERLOO LEISURE SERVICES WAYNE CLAASSEN ENGINEERING & I )--�� �? SURVEYING, INC. Travis Nichols Date By: Facilities/Program Manager ��(�l 20 L� William J. Ybassen, PE Date Page 254 of 259 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 3 PROJECT: F.Y. 2018 Waterloo Boathouse Enhancements , CONTRACT NO. 940 Date Prepared: November 22, 2017 AMOUNT: $ 3,000.00 Increase TO: PETERSON CONTRACTORS INC. Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated October 4, 2017. A. Description of change to be made or extra work to be done: Provide and place concrete grout on rip rap at boat ramp and as directed by the Engineer. B. Reason for ordering change or extra work: Item is needed to secure rip rap from displacement during flooding. C. Settlement for cost of work to be made as follows: 1. $250.00/CY x 12 CY= $3,000.00. Total Net Increase $ 3,000.00 CITY OF WATERLOO PETERSON CONTRACTORS, INC. CONTRACTOR BY: BY: otw••— Quentin Hart, Mayor Date 12/ / 17 Date l ATTEST: PRINTED NAME: TITLE: Kelley, Felcher, City Clerk Date WATERLOO LEISURE SERVICES WAYNE CLAASSEN ENGINEERING & I ka—`ir17 SURVEYING, INC. Travis Nichols Date 4��a Facilities/Program Manager William J. ClVassen, PE Date (File: My Documents/Change Order/MASTER) Page 255 of 259 CITY OF WATERLOO Council Communication 4:25 p.m. Council Work Session, Harold E. Getty Council Chambers City Council Meeting: 12/11/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 12/7/2017 - 10:34 AM Submitted by: Submitted By: Page 256 of 259 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of November 22, 2017 on file in the Waterloo City Clerk's office. City Council Meeting: 12/11/2017 Prepared: 11/30/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 11/30/2017 - 11:01 AM Clerk Office Higby, Nancy Approved 12/4/2017 - 10:25 AM ATTACHMENTS: Description Type a LEGAL NOTICE OF MINUTES - NOVEMBER Cover Memo 2017 SUBJECT: Waterloo Water Works Board of Trustees meeting minutes of November 22� 2017 on file in the Waterloo Citv Clerk's office. Submitted by: Submitted By:Matt Mahler, General Manager Page 257 of 259 Board of Water Works Trustees held their regular meeting on Wednesday, November 22, 2017, with Terry Kuntz, Chairman; Mary Potter, Vice- Chair; and Scott Wienands, Trustee; present. Also in attendance: Rick Wilberding, Distribution Department Manager, and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of October 18, 2017; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a resolution approving purchase of a large diameter tapping machine; a resolution to approve Supplemental Agreement No. 1 to the Engineering Services Contract with Wayne Claassen Engineering &Surveying, Inc., for the Progress Avenue Water Main Replacement Project; a resolution to approve the 2018 employee health insurance; a motion to receive and place on file the Proof of Publication of Notice of Public Hearing for the Waterloo Water Works Budget for Calendar Year 2018; to hold the public hearing, a motion to close the hearing with no oral or written comments; a resolution to adopt the 2018 Budget; to receive and place on file the November 13, 2017 Press Release regarding the water meter reading software error; and to set the date of the next regular Board meeting as Wednesday, December 20, 2017 at 8:00 a.m. Payment of the following bills: Aable Pest Control Services 24.25 ABM Janitorial Services 2,083.00 Advanced Systems Services 269.56 Air Management Supplies 35.69 All Star Plumbing & Heating Repairs 831.91 Aramark Uniform Services 271.48 Aspro Supplies 2,216.70 Assured Flow Sales Supplies 89.25 BerganKDV Services 560.00 Black Hawk County Auditor Water&Sewer Bond 34,037.18 Black Hawk County Treasurer, MIS Services 15.25 Black Hawk Electrical Services 231.52 Black Hawk Waste Disposal Services 104.00 Blough, Barry Reimbursement 5.60 BMC Aggregates Supplies 2,524.07 BRB Lawn and Snow Services 633.75 Campbell Supply Supplies 1,255.34 Cedar Valley Sportsplex Payroll Deduction 224.04 Cedar Valley United Way Payroll Deduction 85.00 CenturyLink Services 213.06 Charles Schwab Institutional Pension 46,894.19 City of Raymond Sewer, Garbage &Yard 19,119.34 Waste City of Waterloo Project 156,609.03 City of Waterloo Sewer, Garbage &Storm 1,125,781.61 Water Clapsaddle-Garber Associates Services 5,750.00 CliftonLarsonAllen 2016 Audit 1,000.00 Cogsdale Corp. Services 3,000.00 Core& Main LP Supplies 526.78 Courier Communications Legal Ad 87.36 Crossroads Auto Repair Services 630.17 D &J Oil Supplies 2,060.44 Dan Deery Motor Vehicle 40,245.20 Dex Media East Services 33.50 EMA, Inc. Services 465.00 Ferguson Enterprises Supplies 154.26 Firestone Store Services 276.65 Flowerama Sympathy 32.98 Frickson Bros. Excavating Repairs 962.00 Gardner Plumbing Repairs 1,282.00 Gustafson, Michael Reimbursement 51.87 Page 258 of 259 Hach Co. Supplies 2,918.39 Hogan & Hansen Services 479.40 Iowa Dept. of Natural Resources Annual Water Use Permit 134.00 Iowa Dept. of Public Health Backflow Tester Renewals 180.00 Iowa Division of Labor Service Services 135.00 Iowa Municipalities Workers' Insurance 5,512.00 Compensation Assoc. Iowa One Call Services 931.50 IPERS Pension 14,454.32 Justifacts Credential Verification Services 137.25 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 1,447.00 Kwik Trip Fuel 3,187.67 Larson, Travis Reimbursement 50.00 Mahler, Matthew L. Reimbursement 60.00 Menards Supplies 152.04 MidAmerican Energy Gas, Power& Electric 48,692.60 Morris Enterprises Project 102,357.75 Mutual Wheel Supplies 39.56 Napa Auto Parts Supplies 17.01 Office of Auditor of State 2016 Audit Filing Fee 625.00 Payroll 96,180.44 Postmaster Postage 1,863.40 Professional Office Services Services 8,264.09 Proshield Fire&Security Services 540.00 Public Employees Credit Union Payroll Deduction 9,455.00 Radio Communications Services 126.00 Refunds 4,777.69 Restoration Services Services 4,960.00 Robbins, Tim Reimbursement 217.40 Schimberg Co. Supplies 332.42 Schumacher Elevator Services 508.32 Scot's Supply Supplies 218.59 Sensus USA Supplies 24,833.04 Snyder&Associates Services 1,279.77 State of Iowa Treasurer Sales Tax 45,963.00 Storey Kenworthy Supplies 2,817.87 Sun Life Financial Insurance 6,821.27 Swisher&Cohrt Legal Services 222.00 Teamsters Local Union#238 Payroll Deduction 997.00 Treasurer, State of Iowa Treasure Hunt 2017 2,678.20 Treasurer, State of Iowa State Tax 8,558.00 U.S. Cellular Services 64.24 US Dept. of Treasurer Federal Tax 43,973.96 Utility Equipment Supplies 602.00 Van Wert, Inc. Services 4,362.40 Voya Institutional Trust Payroll Deduction 7,754.00 Waterloo Water Works Reimbursement 11,922.43 Wellmark Blue Cross Blue Shield Insurance 52,340.84 Wilberding, Rick Reimbursement 50.00 $1,974,916.89 WATERLOO WATER WORKS ATTEST: Secretary Page 259 of 259