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Council Packet - 1/8/2018
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, January 8, 2018 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 198 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Bruce Jacobs, Ward 2 Council Member Agenda, as proposed or amended. Minutes of January 2, 2018, Special Session, as proposed. Minutes of January 2, 2018, Regular Session, as proposed. Urban Run-Off Presentation by Hoover Middle School Students 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 Antwon and Julie Burnside for tax exemptions on the construction of a new single family home valued at$372,686 for property located at 1123 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of 3 Little Lambs for tax exemptions on the construction of a new commercial building valued at$180,000 for property located at 1827 Black Hawk Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of 3 Little Lambs for tax exemptions on the construction of a new commercial building valued at$180,000 for property located at 1823 Black Hawk Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Page 2 of 198 5. Resolution setting the date of public hearing as January 22, 2018, to approve a request by Black Hawk Economic Development, Inc., to rezone approximately 3.49 acres of land from "A-1"Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 3915 Monterey Drive - $681.09. Submitted By: Matt Mahler, General Manager 7. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify:1420 Commercial Street - $2,282.17. Submitted By: Matt Mahler, General Manager 8. Request from Mary Murray for a waiver for a concrete driveway located at 508 Woodbridge Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Eric Thorson, PE, City Engineer 9. Resolution setting date of public hearing as January 22, 2018 to approve the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, Waterloo Regional Airport, Waterloo, Iowa, and authorize the City Clerk to publish notice. Submitted By:Aric Schroeder, City Planner 10. Resolution approving preliminary specifications, bid documents, etc. setting date of bid opening as January 18, 2018 and date of public hearing as January 22, 2018, for the Phelps Youth Pavilion Playscape Project, and instruct City Clerk to publish said notice. Submitted By: Kent Shankle, Cultural &Arts Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Kent Shankle, Director of Cultural &Arts Commission Class/Meeting: Pick up art by Bobbie Moline-Kramer and Woodie Long. Destination: Memphis, TN, Santa Rosa, FL, and Gadsden,AL Dates: January 9-14, Amount not to exceed: $925 2018 2. LIQUOR LICENSES a. B&B East, 1615 Bishop Avenue Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 2/13/2019 b. Casey's General Store #2427, 3035 Logan Avenue Page 3 of 198 Class: B Native Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 12/31/2018 C. Galleria De Paco & Coffee Shop, 622 Commercial Street Class: B Wine/ C Liquor Renewal Application Does not include Sunday Expiration Date: 12/19/2018 d. Locker Room Lounge, 1918 Hawthorne Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2018 e. Love's Travel Stop#702, 3301 Greyhound Drive, Suite A Class: B Wine/ C Beer New Application Includes Sunday Expiration Date: 11/16/2018 f. New Adventures, 341 Fletcher Avenue Class: C Liquor New Application Includes Sunday Expiration Date: 12/19/2018 g. Volks Haus, 324 E. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 11/22/2018 h. Waterloo Black Hawks Hockey, LLC, 125 Commercial Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/15/2018 3. APPOINTMENTS a. Randall Miller Board/Commission: Memorial Hall Commission Expiration Date: 12/31/2020 Re-Appointment b. Melvin Wittwer Board/Commission: Memorial Hall Commission Expiration Date: 12/31/2020 Re-Appointment C. Eric Ritland Board/Commission: Cultural and Arts Commission Expiration Date: 12/31/2020 New Appointment Page 4 of 198 d. Marilyn Robinson Board/Commission: Memorial Hall Commission Expiration Date: 12/31/2020 Re-Appointment e. Ron Welper Board/Commission: Water Works Board Expiration Date: 1/8/2024 New Appointment 4. Receive and place on file the 2016 Operating Report of the Waterloo Water Works. Submitted By: Matt Mahler, General Manager PUBLIC HEARINGS 2. Purchase of one (1) base model, midsized, all wheel drive, SUV for the Motor Pool. Motion to receive and file proof of publication and 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 specifications, bid document, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of$28,097. Submitted By: Sandie Greco, Interim Public Works Director 3. Phelps Youth Pavilion Playscape Project. Hearing cancelled. Submitted By: Kent Shankle, Cultural and Arts Director RESOLUTIONS 4. Resolution approving Acceptance of Improvements of the Summerland Condos North First Addition, performed by Dave Schmitt Construction Company of Cedar Rapids, Iowa, and receive and file two-year maintenance bond. Submitted By: Dennis J. Gentz, PE,Assistant City Engineer 5. Motion approving Final Quantity Summary for a net increase of $510.84 for the FY 2016 Sidewalk Repair Program - Zone 6 and Trail Repairs, Contract No. 902, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of$315,876.66, for the FY 2016 Sidewalk Repair Program- Zone 6 and Trail Repairs, Contract No. 902, and receive and file two-year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer Page 5 of 198 7. Motion approving Final Quantity Summary for a net decrease of$24,357.02 for the FY 2018 Sidewalk Repair Assessment Program- Zone 7, Contract No. 931, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 8. Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of$330,805.98, for the FY 2018, Sidewalk Repair Assessment Program- Zone 7, Contract No. 931, and receive and file two-year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer 9. Resolution approving the Iowa Department of Transportation's Federal-Aid Agreement for the Iowa's Clean Air Attainment Program funding, No. 2017-ICAAP-05 for the Ansborough Avenue Additional (5th) Lane and Revised Traffic Signal, project No. STP-A-8155(75786-07, in the amount of $347,000 (80 percent-$277,600 ICAAP, with 20 percent local match $69,400) by the City of Waterloo, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director 10. Resolution approving Convention &Visitors Bureau (CVB) Board recommendations for funding of hotel-motel tax mini-grant application for the National Antique Tractor Pullers Association (NATPA) in the amount of$2,477. Submitted By: Tavis Hall, Executive Director of Waterloo Convention &Visitors Bureau ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:50 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting Minutes of October 24, 2017. 2. Airport Board Meeting minutes of November 17, 2017. 3. Waterloo Water Works Board of Trustees meeting minutes of December 20, 2017 on file in the Waterloo City Clerk's office. 4. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Joshua Meyer, Fire Fighter, effective December 18, 2017 with recommendation of approval of payout of$2,334.54 for unused benefits. Page 6 of 198 CITY OF WATERLOO Council Communication Minutes of January 2, 2018, Special Session, as proposed. City Council Meeting: 1/8/2018 Prepared: REVIEWERS: D epartment Reviewer Action Date Clerk Office Higby, Nancy Approved 1/2/2018 - 10:55 AM ATTACHMENTS: Description Type D Special Session Minutes of January 2, 2018 Backup Material Submitted by: Submitted By: Page 7 of 198 January 2,2018 The Council of the City of Waterloo, Iowa, met in Organizational Meeting at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, January 2, 2018. Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Shimp,Klein,Amos,Schmitt,and Juon. City Clerk,Kelley Felchle,administered the Oath of Office to Mayor-Elect Quentin Hart. 146400- Juon/Schmitt that the Agenda, as proposed, for the Organizational Meeting on Tuesday, January 2, 2018, at 5:30 p.m.,be accepted and approved. Ayes: Seven. Motion carried. Mayor Hart administered the Oath of Office to newly elected l'r Ward Councilmember Margaret Klein. Mayor Hart administered the Oath of Office to newly elected 5`h Ward Councilmember Chris Shimp. Mayor Hart administered the Oath of Office to newly-elected At-Large Councilmember Sharon Juon. Mayor Hart administered the Oath of Office to re-elected 3rd Ward Councilmember Pat Morrissey. 146401 - Juon/Schmitt that the Oaths of Office of the Mayor and City Council Members be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146402- Amos/Schmitt that Mayor Hart's recommendation of appointment of Sharon Juon,as Mayor Pro Tem,be received, placed on file and approved. Ayes: Six.Abstain:One(Juon). Motion carried. 146403- Amos/Schmitt that Mayor Hart's recommendation of appointment of Dan Trelka as Chief of Waterloo Police Department,be received,placed on file and approved. Roll call vote-Ayes: Seven. Motion carried. 146404- Amos/Schmitt that Mayor Hart's recommendation of appointment of Pat Treloar as Chief of Fire Services, be received,placed on file and approved. Ayes: Seven. Motion carried. 146405- Amos/Schmitt that Council Members'recommendation to appoint Kelley Felchle as City Clerk,be received,placed on file and approved. Ayes: Seven. Motion carried. 146406- Amos/Schmitt that City Clerk,Kelley Felchle's,recommendation to appoint LeAnn Even as Deputy City Clerk, be received,placed on file and approved. Ayes: Seven. Motion carried. 146407- Klein/Shimp Motion to amend Items 2.4 and 2.5 by changing the terms to a period of six months to perform realignment, and after six months resume a two year term, if the council decides to reappoint at that time. Discussion regarding the term of appointment for the City Clerk and Deputy Clerk took place and elided with Mrs.Klein and Mr. Shimp withdrawing the motion. 146407- Schmitt/Morrissey that Mayor Hart's recommendation of appointment of the following Council Standing Committees for 2018-2019 be received,placed on file and approved: Page 8 of 198 January 2,2018 Page 2 FINANCE PUBLIC SAFETY Chairperson- Sharon Juon Chairperson- Jerome Amos,Jr. Vice Chairperson- Bruce Jacobs Vice Chairperson- Chris Shimp Member- Pat Morrissey Member- Steve Schmitt Mayor Hart explained future plans for reducing the number of standing committees. Roll call vote-Ayes: Seven. Motion carried. ADJOURNMENT 146408- Morrissey/Schmitt that the Council adjourn at 6:18 p.m. Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 9 of 198 CITY OF WATERLOO Council Communication Minutes of January 2, 2018, Regular Session, as proposed. City Council Meeting: 1/8/2018 Prepared: REVIEWERS: D epartment Reviewer Action Date Clerk Office Higby, Nancy Approved 1/2/2018 - 10:53 AM ATTACHMENTS: Description Type D Minutes of January 2, 2018 Backup Material Submitted by: Submitted By: Page 10 of 198 January 2,2018 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 Tuesday,January 2,2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Shimp,Klein,Amos,Schmitt,and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Hart 146409- Juon/Schmitt that the Agenda,as proposed,for the Regular Session on Tuesday,January 2,2018,at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146410- Juon/Schmitt that the Minutes,as proposed,for the Regular Session on Monday,December 18,2017,at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dreyer,3145 W.4"'Street,congratulated the individuals sworn in this evening. He also commented on discussion at the Special Session about appointing the City Clerk for six months. Bruce Kaesser,500 Sycamore Street,thanked the city for holding the special session committee meeting. Bob Manning,2908 W. 3`a Street,Cedar Falls and Cedar Trails Partnership,commented on funding available through their organization. Jim Chapman,224 Bertch,commented that he would like city to look at alternative ways of building bridges as they are doing in Buchanan County. 146411 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146412- Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report,dated January 2,2018, in the amount of$3,291,203.32 a copy of which is on file in the City Clerk's office,together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No.2018-01. 2. Resolution approving request from Jackie Nelson for a waiver for a concrete driveway located at 4062 North Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No.2018-02. b. Motion to approve the following: Page 11 of 198 January 2,2018 Page 2 1 Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. JB Bolger,Golf Iowa Turfgrass Altoona,IA January 23- $135 Manager Conference and 25,2018 Tradeshow b. P.O.Thomas Iowa Law Enforcement Johnston,IA January 2 to $8,000 Academy(ILEA)Course April 18, 2018 C. Troy Luck and(2) Incident Command Blue East February $1,659.82 WFR staff members Card Certification Dubuque,IL 22-25,2018 d. Tom Klein,Brad Iowa Turfgrass Altoona,IA January 23- $525 VanderWerff and Conference and 25,2018 Bob Jorgensen- Tradeshow Golf Superintendents 3. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146413- Schmitt/Amos that proof of publication of notice of public hearing on sale and conveyance of city owned property located at 809-811 E.4th Street to the Boys&Girls Club of the Cedar Valley for$1.00 and approval of a Development Agreement,as published in the Waterloo Courier on December 21,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments. Bruce Kaesser,500 Sycamore Street,questioned the sale of the property. Mayor Hart explained the item. 146414- Schmitt/Amos that the hearing be closed and oral and written comments be received and placed on tile. Voice vote-Ayes: Seven. Motion carried. 146415- Schmitt/Amos that"Resolution authorizing sale and conveyance of city owned property located at 809-811 E.4th Street in the amount of$l.00,to Boys&Girls Club of the Cedar Valley,and authorize the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson,Community Planning and Development Director,provided an overview of the project. Mr. Schmitt questioned if the buildings were reviewed from a historic standpoint. Noel Anderson explained that the properties do not have a historical value. Mr.Jacobs questioned other costs associated with the project. Noel Anderson explained that the city would be demolishing buildings on the property. Chuck Rowe,Executive Director of the Boys and Girls Club,provided an overview of the project. Page 12 of 198 January 2,2018 Page 3 Resolution adopted and upon approval by Mayor assigned No.2018-03. 146416- Schmitt/Amos that"Resolution approving a Development Agreement with Boys&Girls Club of the Cedar Valley, and authorizing the Mayor and City Clerk to execute said agreement",be adopted. Roll-call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-04. 146417- Amos/Morrissey that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate approximately 4,518 square feet of Idaho Street right-of-way,located at the northeast corner of Idaho Street and Martin Luther King Jr.Drive,as published in the Waterloo Courier on December 21,2018,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments. John Sherbon, 1715 Robin Road,questioned the cost to the city to vacate the property. Noel Anderson explained that the land was acquired as part of the Martin Luther King Jr.Pkwy construction project. The property is excess right of way and the action is part of the legal process to vacate the property. 146418- Amos/Morrissey that the hearing be closed and oral and written comments,and recommendation of approval of the Planning,Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146419- Amos/Morrissey that"an Ordinance approving request to vacate approximately 4,518 square feet of Idaho Street right-of-way,located at the northeast corner of Idaho Street and Martin Luther King Jr.Drive",be received,placed on file,considered and passed for the first time. Roll-call vote-Ayes: Seven. Motion carried. 146420- Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Seven. Motion carried. 146421 - Amos/Morrissey that"an Ordinance approving request to vacate approximately 4,518 square feet of Idaho Street right-of-way,located at the northeast corner of Idaho Street and Martin Luther King Jr.Drive",be considered and passed for the second and third times and adopted. Roll-call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5433. RESOLUTIONS 146422- Morrissey/Amos that"Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two(2)Harley Davidson police motorcycles for a twelve(12)month period at a cost of$166.67 per motorcycle,per month,for a total amount of$4000 and authorize Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Six. Nays: One(Klein). Motion carried. Mr. Shimp requested an overview. Page 13 of 198 January 2,2018 Page 4 Dan Trelka,Chief of Police,explained the lease agreement. Resolution adopted and upon approval by Mayor assigned No.2018-05. 146423- Morrissey/Amos that"Resolution rejecting all bids in conjunction with the construction of the FY 2018 Vehicle/Evidence storage Facility Project",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-06. 146424- Schmitt/Morrissey that"Resolution approving Construction Plans for paving,sanitary sewer,and storm sewer serving Greenbelt Plat No. 8,as submitted by VJ Engineering,of Cedar Falls,Iowa,and Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo,DNR Form 29 (Nov 00),and final acceptance of construction plans subject to the review and acceptance by the DNR,and authorize the Mayor to execute said document",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-07. 146425- Schtnitt/Morrissey that"Resolution approving the request by Deer Creek Development,LLC for the 9-lot Final Plat of Greenbelt Centre Plat No. 8,located west of 3211 Titan Trail",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-08. 146426- Schmitt/Morrissey that"Resolution accepting the award of not to exceed$10,000 for project costs for Intensive Historic Survey of the Smokey Row section of Waterloo from the State Historic Preservation Office, Department of Cultural Affairs Certified Local Government(CLG)Grant and authorize the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr.Amos requested an overview. Noel Anderson provided an overview of the grant and future steps for the project. Mr. Schmitt requested a description of the area. Noel Anderson explained the property included in the Smokey Row area. Resolution adopted and upon approval by Mayor assigned No.2018-09. ADJOURNMENT 146427- Morrissey/Shimp that the Council adjourn at 6:54 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 14 of 198 CITY OF WATERLOO Council Communication Resolution approving the request of Antwon and Julie Burnside for tax exemptions on the construction of a new single family home valued at$372,686 for property located at 1123 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 1/8/2018 Prepared: 12/18/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Arie Approved 12/27/2017 - 10:12 AM Clerk Office Higby, Nancy Approved 1/2/2018 - 3:30 PM ATTACHMENTS: Description Type ❑ CLURA 1123 Partridge Lane Cover Memo Resolution approving the request of Antwon and Julie Burnside for tax SUBJECT: exemptions on the construction of a new single family home valued at $372.686 for property located at 1123 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURAL Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Resolution approving the CLURA application from Antwon and Julie Recommended Action: Burnside for the construction of a single family home located at 1123 Partridge Lane, Waterloo, Iowa 50701, valued at$372,686, and authorize 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 the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: CLURA, Strategy 3.9, Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Audubon Heights Fifth Addition Lot 35 Page 15 of 198 CITY LIMITS URBAN REVITALIZATION APPLICATION , FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE WO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS U N ?OY REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF TH Y OF� WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or tw dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application trust be filed with City prior to the I'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 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. i NAME: ya I I� SIG ATURE: \ -+'`. l , ADDRESS: I, 3 kr-l�ri e, (� rhs 1G TELEPHONE: 31��' 31 ' GJ ) DATE: 2 1 I 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) 11_ F B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) t Sc�- Lt,. VA LAA) C MS'E1n1[�f1.w. C. City of Waterloo Building and Inspections Department Information: Permit Number: -`0I7-Gl`6M88$9 Date permit was issued: 8l l Total permit(s)valuation:2&5, L2-2— D. Wliat was the cost of the new construction?A?�J A , [09co E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Ilawk County Assessor's Office for criteria eligibility. Page 16 of 198 �II � e .xl o, ;y .a. 1123 Partridge Lane Waxwing Lane f `s Partridge Lane If 4 W'Shaulis RWad lyY I.F Note' L Base map data source Is Black Hawk County. T This map tloee not represent a survey,no(lability T$ metl f tr[he accuracy of the d—delineated herein,^ either expressetl 1,10,1d by Black Hawk County,the P 91ack Hawk County Aflfleflflor,or their employees. The City of Waterloo makes no warranty,express or \ Ira piled.as to the accuracy of the Information shown en tt;ls mapre`Usres9ytllsd r-rlladlllty torthe 100 200 400 demracy tM1ereof.users shoultl refer to oflcial ,surveys,recorded deeds,eta.located at the Black Hawk County Assessor s OHlce fur complete Fee and a. Jnr CITY OF WATERLOO Council Communication Resolution approving the request of 3 Little Lambs for tax exemptions on the construction of a new commercial building valued at$180,000 for property located at 1827 Black Hawk Street and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/8/2018 Prepared: 12/18/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/27/2017 - 10:30 AM Clerk Office Higby, Nancy Approved 1/2/2018 - 3:31 PM ATTACHMENTS: Description Type D CURA 1827 Black Hawk Street Cover Memo Resolution approving the request of 3 Little Lambs for tax exemptions on SUBJECT: the construction of a new commercial building valued at $180.000 for property located at 1827 Black Hawk Street 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 3 Little Lambs for the Recommended Action: construction of a commercial building at 1827 Black Hawk Street, Waterloo, Iowa 50702, Valued at$180,000 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 18 of 198 HAYES ADDITION LOT 1, LOT 2, LOT 9, LOT 10 AND ALL LOT 8 EXC THE W 45 FT BLK 16 AND ALSO THAT PART OF W 17TH ST LOCATED LYING NELY OF A LINE DRAWN BETWEEN THE SLY MOST COR OF LOT 10 BLK 16 AND THE WLY MOST COR OF LOT 6 BLK 15 AND LYING SWLY OF A LINE DRAWN BETWEEN Legal Descriptions: THE SLY COR OF LOT 1 BLK 16 AND THE WLY MOST COR OF LOT 5 IN BLK 15 AND ALSO THAT PART OF AN ALLEY LOCATED LYING NWLY OF A LINE DRAWN BETWEEN THE ELY MOST COR OF LOT 10 BLK 16 AND THE SLY MOST COR OF LOT I BLK 16 AND LYING SELY OF A LINE DRAWN BETWEEN THE SLY MOST COR OF LOT 3 BLK 16 AND THE NLY MOST COR OF LOT 9 BLK 16 Page 19 of 198 For Office Use Only Date Received: 1 Received by: Jq 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(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 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 1"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 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: 4TLe— LAsrk< /SIGNATU �• / ADDRESS: $mS L P 4rn/k_' S T TELEPHONE:• C3/q7 2qo SZa2 DATE: (2— 2— (� A. What is the Address of the property being improved? 1 02'7 LA-e IC Ny+wl� g i What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse)? •y- SCS' 6tytr A -,( 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. _,er 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)? III RW '_�Vl 'iw5 D. City of Waterloo Building and Inspections Department Information: Permit Number: * lti,t 0 7 ZDate permit was issued: $-11` 17 Total permit(s)valuation: E. What was the cost of the improvement? IV)071U' F. Estimated or actual date of completion of these improvements? bC� _ 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 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 20 of 198 r CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLU'T'ION NO: DENIED BLACKMAWK COUNTY ASSESSOR OI+FTCE USE ONLY APPROVED DATED: T.J.KoenigsfeEd DENIED Black Hawk County Assessor i r. i. I Page 21 of 198 ' z Page 1 of 1 EXHIBIT"A" Lot 1, Lot 2, Lot 3, Lot 8 except the West 45 feet thereof, Lot 9, and Lot 10, all in Block 16, Hayes Addition, City of Waterloo,Black Hawk County, Iowa; and That part of vacated West 171'Street lying Northeasterly of a line drawn between the Southerly most corner of Lot 10, Block 16, Hayes Addition, and the Westerly most corner of Lot 6, Block 15, Hayes Addition,and lying Southwesterly of a line drawn between the Southerly corner of Lot 1, Block 16, Hayes Addition, and the Westerly most corner of Lot 5, Block 15, Hayes Addition, City of Waterloo, Black Hawk County, Iowa, subject to a utility easement over, under and upon said vacated West 171"street; and That part of a vacated alley lying Northwesterly of a line drawn between the Easterly most corner of Lot 10, Block 16, Hayes Addition, and the Southerly most corner of Lot 1, Block 16, Hayes Addition, and lying Southeasterly of a line drawn between the Southerly most corner of Lot 3, Block 16, Hayes Addition, and the Northerly most corner of Lot 9, Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa, subject to a utility easement over, under, and upon said vacated alley; and That part of the vacated alley in Block 16 of Hayes Addition lying Southeasterly of a line drawn between the Northerly most corner of Lot 8 of said Block 16 and the Westerly most corner of Lot 3 of said Block 16, and lying Northwesterly of a line drawn between the Southerly most corner of Lot 3 of said Block 16 and the Northerly most corner of Lot 9 of said Block 16,except the Southwesterly one-half of that part of the vacated alley in Block 16 of Hayes Addition lying Southeasterly of a line drawn between the Northerly most corner of Lot 8 of said Block 16 and the Westerly most corner of Lot 3 of said Block 16, and lying Northwesterly of a line drawn between a point on the Northeasterly line of said Lot 8 that is 45 feet Southeasterly of the Northerly most corner of said Lot 8 and a point on the Southwesterly line of said Lot 3 that is 45 feet Southeasterly of the Westerly most comer of said Lot 3, City of Waterloo, Black Hawk County, Iowa, subject to a utility easement over, under, and upon said vacated alley. 1 Fite Number: 2017-00017782 Seq: 5 Page 22 of 198 i h f 1827 Blackhawk Street a IT K �i•l r � / M'. 1.00 4Q a d I.0600b, N. Ar B pd BI kH kC TI maPdoe reprea urvey rtirY le mea rob me aLc�m�y orma d—dar—tad epF ,-,—d 11 101ldby 31——CI—YNe t, / I u & it [YA 11 pl y N/ TF CrY rW t A e n d p 9yd d eryr F 50 100 2001 a ythere'll Itl f f(, , d y coddd tl tl Ie ,_ . Black Hawk CounryA essors OBce for complete Fee - �' aad,H— .rotor age 2 of 198" -i ;� CITY OF WATERLOO Council Communication Resolution approving the request of 3 Little Lambs for tax exemptions on the construction of a new commercial building valued at$180,000 for property located at 1823 Black Hawk Street and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/8/2018 Prepared: 12/18/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/27/2017 - 10:29 AM Clerk Office Higby, Nancy Approved 1/2/2018 - 3:31 PM ATTACHMENTS: Description Type D CURA 1823 Blackhawk Street Cover Memo Resolution approving the request of 3 Little Lambs for tax exemptions on SUBJECT: the construction of a new commercial building valued at $180.000 for property located at 1823 Black Hawk Street 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 3 Little Lambs for the Recommended Action: construction of a commercial building at 1823 Black Hawk Street, Waterloo, Iowa 50702, Valued at$180,000 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 24 of 198 HAYES ADDITION LOT 1, LOT 2, LOT 9, LOT 10 AND ALL LOT 8 EXC THE W 45 FT BLK 16 AND ALSO THAT PART OF W 17TH ST LOCATED LYING NELY OF A LINE DRAWN BETWEEN THE SLY MOST COR OF LOT 10 BLK 16 AND THE WLY MOST COR OF LOT 6 BLK 15 AND LYING SWLY OF A LINE DRAWN BETWEEN Legal Descriptions: THE SLY COR OF LOT 1 BLK 16 AND THE WLY MOST COR OF LOT 5 IN BLK 15 AND ALSO THAT PART OF AN ALLEY LOCATED LYING NWLY OF A LINE DRAWN BETWEEN THE ELY MOST COR OF LOT 10 BLK 16 AND THE SLY MOST COR OF LOT I BLK 16 AND LYING SELY OF A LINE DRAWN BETWEEN THE SLY MOST COR OF LOT 3 BLK 16 AND THE NLY MOST COR OF LOT 9 BLK 16 Page 25 of 198 For Office Use Only Date Received: 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(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 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 I"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 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. t NAME: 1 '-W e— L I-e-C_ SIGNATURE: ,4 �� ADDRESS: ! P%2 3 3 �Oe t4-)ow* 51— J TELEPHONE:- `3 1Q" 2-90— 5'2 2 DATE: ~!Z A. What is the Ad&-ess of the property being improved? 1 f!2 ►4e!�t Fsa,,�¢ 7? What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse)? B. Indicate desired exemption schedule:(1 or 2) r 1, One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2, 7ek- 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)? JV0 p I.v5 D. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: Total permit(s)valuation: E. What was the cost of the improvement? 0 t e C-, /G F. Estimated or actual date of completion of these improvements? V1� t42 . 3d Zot 0. If this is not a singe-family dwellinin t,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 26 of 198 S CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTIONNO: DENIED BLACK'HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsl'cld DENIED Black Hawk County Assessor { z r h i'. i i' Page 27 of 198 Page 4 of 1 i EXHIBIT"A" s Lot 1, Lot 2, Lot 3, Lot 8 except the West 45 feet thereof, Lot 9, and Lot 10, all in Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa; and f That part of vacated West 171h Street lying Northeasterly of a line drawn between the Southerly most corner of Lot h 10, Block 16, Hayes Addition,and the Westerly most corner of Lot 6, Block 15, Hayes Addition, and lying Southwesterly of a line drawn between the Southerly corner of Lot 1, Block 16, Hayes Addition, and the Westerly most corner of Lot 5, Block 15, Hayes Addition, City of Waterloo, Black Hawk County, Iowa, subject to a utility easement over, under and upon said vacated West 171h street; and That part of a vacated alley lying Northwesterly of a line drawn between the Easterly most corner of Lot 10, Block 16, Hayes Addition, and the Southerly most corner of Lot 1, Block 16, Hayes Addition,and lying Southeasterly of a line drawn between the Southerly most comer of Lot 3, Block 16, Hayes Addition, and the Northerly most corner of Lot 9, Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa, subject to a utility easement over, under, and upon said vacated alley; and That part of the vacated alley in Block 16 of Hayes Addition lying Southeasterly of a line drawn between the Northerly most corner of Lot 8 of said Block 16 and the Westerly most corner of Lot 3 of said Block 16, and lying Northwesterly of a line drawn between the Southerly most corner of Lot 3 of said Block 16 and the Northerly most corner of Lot 9 of said Block 16, except the Southwesterly one-half of that part of the vacated alley in Block 16 of Hayes Addition lying Southeasterly of a line drawn between the Northerly most corner of Lot 8 of said Block 16 and the Westerly most corner of Lot 3 of said Block 16, and lying Northwesterly of a line drawn between a point on the Northeasterly line of said Lot 8 that is 45 feet Southeasterly of the Northerly most corner of said Lot 8 and a point on the Southwesterly line of said Lot 3 that is 45 feet Southeasterly of the Westerly most corner of said Lot 3, City of Waterloo, Black Hawk County, Iowa, subject to a utility easement over, under, and upon said vacated alley. 3 1 File Number: 2017.00017782 Seq: 5 Page 28 of 198 i h f 1823 Blackhawk Street a IT K �i•l r � / M'. 1.00 4Q a d I.0600b, N. Ar B pd BI kH kC TI maPdoe reprea urvey rtirY le mea rob me aLc�m�y orma d—dar—tad epF ,-,—d 11 101ldby 31——CI—YNe t, / I u & it [YA 11 pl y N/ TF CrY rW t A e n d p 9yd d eryr F 50 100 2001 a ythere'll Itl f f(, , d y coddd tl tl Ie ,_ . Black Hawk CounryA essors OBce for complete Fee - �' aad,H— .rotor age 2 of 198" -i ;� CITY OF WATERLOO Council Communication Resolution setting the date of public hearing as January 22, 2018, to approve a request by Black Hawk Economic Development, Inc., to rezone approximately 3.49 acres of land from"A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street, and instruct City Clerk to publish notice. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/3/2018 - 11:29 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 12:09 PM ATTACHMENTS: Description Type D Attachements - 200 Nevada St Rezone Al to M1 Cover Memo Resolution setting the date of public hearing as January 22. 2018, to approve a request by Black Hawk Economic Development, Inc., to rezone SUBJECT: approximately 3.49 acres of land from"A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request to set the date of public hearing as January 22, 2018 for a request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres of land from"A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street. The applicant is requesting to rezone the properties in question to an industrial zoning to make existing industrial uses a permitted use and to allow for the expansion of existing uses and future industrial development. Access to the areas in question can be gained from Dunham Place and Nevada Street, which both are classified as Local Streets. Those two streets connect with Lafayette Street to the north, which is classified as a Minor Arterial. Access can also be gained from Rath Street, which is Local Street from Vinton Street to the west, which is classified as a Minor Arterial. The area in question is located within the Zone-X, 500 Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Summary Statement: Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Page 30 of 198 There are many industrial businesses located within the"A-1"Agricultural District and many of these businesses want to expand or have expanded in the past. GE Railcar, located at 200 Nevada Street has done expansions in the recent past, however, since they are in the"A-1"Agricultural District and considered a legal non-conforming use, they have had to go through the variance approval process before the Board of Adjustment to allow for the expansion of a legal non-conforming use. Those particular variance requests for expansion were approved by the Board of Adjustment. The existing railcar use would be a permitted use within the "M-1" Light Industrial District. Rezoning the areas in question would allow for existing businesses to expand without the need to go through a variance review process and make them permitted uses and open up new ground for industrial development. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use and Economic Development. Alternative: N/A This area currently has a large number of industrial uses in the area that are Background Information: zoned "A-1" Agricultural District and rezoning the land will avoid the need to apply for a variance through the Board of Adjustment to expand a legal non- conforming use, and it will allow for new development to occur in the area. Legal Description— 200 Nevada Street parcels Lots Nos. 1 and 2 in Block No. 5 in"Eighmey's Out Lots" Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deeds recorded in Town Lot Deed Records 120, page 431 and 132, page 158 of the records of Black Hawk County, Iowa. The South 50 feet of Lot No. 4 in Block No. 4 in"Eighmey's Out Lots" Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, page 157 of the records of Black Hawk County, Iowa. That part of vacated Dewar Street in"Eighmey's Out Lots" Waterloo, Iowa,bounded as follows: Beginning at the Southwest corner of Block No. 4 in said Out Lots; Thence East along the South line of said Block to a point that is 135 feet West of the Southeast comer of said Block; Thence Southeasterly to a point in the North line of Block No. 6 in said Out Lots that is 50 feet West of the Northeast corner of said Block; Thence West along the North line of said Block to the Northwest corner of said Block; Thence North to the point of beginning. Lots Nos. 1 and 11 in Block No. 6 in"Eighmey's Out Lots" Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, Page 158 of the records of Black Hawk County, Iowa, and except that Page 31 of 198 part of Lot No. 11 conveyed to the City of Waterloo, Iowa, by Warranty Deed recorded in City Lot Deed Record 587, at page 29 of the records of Black Hawk County, Iowa. Lots Nos. 2 and 14 in Block No. 7 in"Eighmey's Out Lots"Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, Page 158 of the records of Black Hawk County, Iowa and except that part of Lots Nos. 2 and 14 conveyed to the City of Waterloo, Iowa, by Quit Claim Deed recorded in City Lot Deed Record 587, at page 29 of the records of Black Hawk County, Iowa. Legal Descriptions: All that part of Lot 3, Block 3, and Lot 3, Block 4, in Cotton's Addition and all that part of vacated Indiana Street, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundary: Beginning at the Northwest Corner of said Lot 3, Block 3; Thence East to the Northeast corner of said Lot 3, Block 4; Thence South along the East line of Lot 3 in said Block 4 a distance of 15.0 feet; Thence Southwesterly to a point on the West line of Lot 3 in said Block 4, which point is 45.0 feet South of the Northwest corner of Lot 3 in said Block 4; Thence Southwesterly to a point on the East line of Lot 3 in said Block 3, which point is 73.0 feet South of the Northeast corner of Lot 3 in said Block 3; Thence West parallel with the North line of Lot 3 in said Block 3 to the West line of Lot 3 in said Block 3; Thence North to the Point of Beginning. That part of Lot Eleven(11), Auditor Rainbow's Consolidated Plat, Black Hawk County, Iowa, described as follows: Commencing at a point on the Westerly line of Dunham Place at the intersection of the Southerly line of the Chicago Central and Pacific Railroad Company, formerly the Dubuque and Sioux City Railroad, extended; Thence S 71°31'46"E Fifty-two and Seventy-two Hundredths (52.72)feet along said Southerly line to the Point of Beginning of this description; Thence continuing along said Southerly line S71°31'46"E Two Hundred Ninety-eight and Eighteen Hundredths (298.18) feet to a point on the East line of said Lot Eleven(11); Thence S00°08'10"E Eighty-four and Forty-one Hundredths (84.41) feet along said East line; Thence N56°03'48"W Seventy-five and no Hundredths (75.00) feet to a point which is Sixty and no Hundredths (60.00) feet normally distant from said Southerly line of the Chicago Central and Pacific Railroad Company; Thence N71°31'46"W Two Hundred Forty-one and Eighty-six Hundredths (241.86) feet along a line parallel to and Sixty and no Hundredths (60.00) feet norinally distant from said Southerly line of the Chicago Central and Pacific Railroad Company, to a point on the Southeasterly line of a parcel described in the Warranty Deed of Town Lot Deed Record One Hundred Forty-six (146) at page Eight(8); Thence N08°06'29"E Sixty and Ninety-nine Hundredths (60.99) feet along said Southeasterly line to the Point of Beginning. Page 32 of 198 December 5,2017 REQUEST: Request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres from "A-1"Agricultural District to "M-1" Light Industrial District, generally located in close proximity and along the railroad at 200 Nevada Street and four adjacent parcels. APPLICANT: Black Hawk Economic Development, Inc., 1001 Peoples Square, Waterloo, IA 50702. GENERAL The applicant is requesting to rezone the properties in question to DESCRIPTION: an industrial zoning to make existing industrial uses a permitted use and to allow for the expansion of existing uses and future industrial development. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood and land use since the area is mostly SURROUNDING comprised of industrial uses. There are some residences mixed in LAND USE: with the industrial uses in the vicinity just to the north of the railroad tracks. VEHICULAR & Access to the areas in question can be gained from Dunham Place PEDESTRIAN and Nevada Street, which both are classified as Local Streets. TRAFFIC Those two streets connect with Lafayette Street to the north, which CONDITIONS: is classified as a MinorArterial. Access can also be gained from Rath Street, which is Local Street from Vinton Street to the west, which is classified as a Minor Arterial. RELATIONSHIP TO The Cedar Valley Lakes Trail is located just south of the areas in RECREATIONAL question along the north side of the Cedar River. There are no TRAIL PLAN AND sidewalks within the immediate vicinity and this area may not be COMPLETE STREETS well suited for sidewalks due to existing industrial development and POLICY: unimproved streets in the area. However, if the streets were reconstructed, a potential could exist to extend sidewalks if need be, and that would appear to meet the Complete Streets Policy. ZONING HISTORY The area in question is zoned "A-1 Agricultural District and has FOR SITE AND been zoned as such since June of 1998 after it was rezoned from IMMEDIATE VICINITY: "U-1" Unclassified District, which is a zoning district that no longer exists. Surrounding land uses and their zoning are as follows: North — Predominately industrial uses with some residential uses, , zoned "M-1" Light Industrial District. South — Cedar River, zoned "A-1"Agricultural District. East — Existing industrial uses and vacant development ground, zoned "M-1" Light Industrial District. West — Existing industrial uses, zoned "M-1" Light Industrial District and "A-1"Agricultural District. DEVELOPMENT The area is comprised of industrial and residential development, HISTORY: which was constructed in the early 1900s to the 1950s. 200 Nevada St and Adj Land—A1 to M1 P;EFPw33f6f 144 December 5,2017 BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING REQUIRED: DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area, however, if new development occurs, it will be required to submit a storm water detention plan to the Engineering Department for review during the permit process. FLOODPLAIN: The area in question is located within the Zone-X, 500 Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN There are no schools located within the immediate area of the SPACES/ SCHOOLS: rezone areas, and the Cedar River is located just to the south of the area in question. UTILITIES: WATER, There is no storm sewer within the area. There is a 54" sanitary SANITARY SEWER, sewer located to the south along the north side of the Cedar River. STORM SEWER, ETC: There is a 36" sanitary sewer in Nevada Street that travels southward and connects into the 54" sanitary sewer along the river. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial, and COMPREHENSIVE the proposed rezone request would appear to be in conformance LAND USE PLAN: with the Future Land Use Map and Comprehensive Plan for this area. STAFF ANALYSIS — The areas in question are zoned "A-1"Agricultural District, ZONING however, there are multiple existing industrial uses that are ORDINANCE: considered legal non-conforming uses, and this area is comprised mostly of industrial development. The area was originally zoned as "U-1" Unclassified District, which was a zoning district commonly used for floodplain areas before the flood control levees were constructed in the 1960s and 1970s. The areas zoned "U-1" Unclassified District were discouraged from having new development occur within the floodplain. Due to the levees being in place, the area is protected by the flood control levee system and is not located within a regulated floodplain. In 1998, the "U-1" Unclassified District was eliminated from the Zoning Ordinance and all areas zoned as such were rezoned to "A-1"Agricultural District. There are many industrial businesses located within the "A-1" Agricultural District and many of these businesses want to expand or have expanded in the past. GE Railcar, located at 200 Nevada Street has done expansions in the recent past, however, since they are in the "A-1"Agricultural District and considered a legal non- conforming use, they have had to go through the variance approval process before the Board of Adjustment to allow for the expansion of a legal non-conforming use. Those particular variance requests for expansion were approved by the Board of Adjustment. The existing railcar use would be a permitted use within the "M-1" Light 200 Nevada St and Adj Land—Al to M1 P&qW 34t 6f its December 5,2017 Industrial District. Rezoning the areas in question would allow for existing businesses to expand without the need to go through a variance review process and make them permitted uses and open up new ground for industrial development. STAFF ANALYSIS — SUBDIVISION There is no platting requested with this item. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 3.49 acres land from "A-1"Agricultural District to "M- 1" Light Industrial District generally located along the railroad tracks at 200 Nevada Street and four adjacent parcels, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Industrial. 4. Rezoning the land to an industrial district will allow for the expansion of existing businesses without the need for variance review, as well as make the area suitable for new light industrial uses. 200 Nevada St and Adj Land—Al to M1 P&gW85f 6f Ito City of Waterloo Planning, Programming and Zoning Commission December 1 — E � — = — ' � ' 111111111 GIIIIIIIII1 . ♦ ": :dll� =1�'n i�ll� i�I11I. 1111: 1111 01111111111111111 1 .�' � @II! - � =1'II! 1111111 111111 :1111111111 - 11111■1111111 111111 11111 :.� II %�111� X11111 - 1111111 X11111 111111111■ 111111 ' �'� - 111: IIIII ■■IIIIII� � 11111111111 111111 - '� �����: 111111111111111 �����► _ ■■■■ 11 :II ����_ ■`■ 111111 =111111\ � __ ■_ ___ ■I������ 111111111111111�� __ ■11 == ■IIIIII� Illli 1111111111: �► \I! 11 � .��� ■■ .11� i�11= ■11111111 =_ . � :11 '�� �� �I�II ■ � '�== 11111 - 1111111oil ■= ■ �� ■� /' '1� =111 11111111 ■= �� ■1111111111 �11111I11 ■, �jl�ll� __ I �., ���� � � 11111111 —: 11111■ ____ ��_ � ' ■_ � � -- CCC � ♦ ��j �i�, y��1 111 � _ - � — 1 ��% �j��l, � � �\ = == ■Ili��//moi ����i%�1�� .— ����� ��� � ,� ��� � ■ ■ ■ ■111 ���///I�� ���I� ��� PONS,�� I _ ■111 �� �I/ ��ip�� 'hILLV WO 11111 ■111■� �\ N®R 111111 . ■- _ �' 11111 111111111111 11 � �� == : 11111 111111111111 111 ►1 �� ■� 111 �I` � � \IIIIIIIIIIIII■ � 11■1 111111111111 11 tl■1 I■I ` 11111 111111111 . 111�1�1111\ .111.1111111. �1 J�\ 1111111111111■ == � �111111111111� _ � 111111111111= �� ■� 1 :1111111_ � 1 � 111111111111. -_ �� �=1111111111111 _ , ' i 1 LITI - 11111 ' 11� �■ �■ " �� ��� 1 ■ 11111; 1111■ �■ ■ ,��``` __ ■ milli �I■ �� �=\���\ 1 ' � 111111 111111■■ ■ 20o Nevada Street II■II �IIII� ���IIII■1 ■� � • �■_ � ■1111 1111111 , � � � — � Rezoneto Black Hawk EconomicDevlopment, 500 . 1,000 @/IOO Feet -. •' 36 of i• City of Waterloo Planning, Programming and Zoning Commission December 5, 2017 . COo Fs g ¢ „ ¢ 0'00'� pz o ST � „ EIGHMEY ST EIGHMEY ST w :T l,' - CO LU r'��►� V 1 d r W ¢s •~ � Q) l ... f s, r ^� � ��� ' `►� , '� 200 Nevada Street LU .......... ------ , r pp 1 I p �V r �! 4 v Cedars River Legend Rezone T Area ti N 20o Nevada Street w E Rezone A-1 to M-1 s Black Hawk Economic Devlopment, 250 125 0 250 Inc. Feet ' ' Page 37 of 1ofj§ City of Waterloo Planning, Programming and Zoning Commission December 5, 2017 1 C—Z JCOLu �O FS,T Q QOJ Z}, 's EL <FST EIGHMEY ST EIGHMEY ST i a C CO � d o Q w R-2 z J Q f z z _ LU vIlk - - - - . . . . . . . . . . 4 - , v A. Ciedar _ - - - - - . - - - - - - Rier Legend Rezone Area v N 20o Nevada Street w E Rezone A-1 to M-1 s Black Hawk Economic Devlopment, 250 125 0 250 Inc. Page 38 of 1-f§ APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name(please print):Black Hawk Economic Development, Inc. Address: 1001 Peoples SquarePhone: 319-235-2960 Fax: 319-235-9171 City: Waterloo State: IA Zip: 50702 b. Status of applicant: (a)Owner x (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): N/A Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 200 Nevada Street, Waterloo, IA 50703 b. Legal description of property to be rezoned: refer attached c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: A-1 Requested zoning: M-1 f. Reason(s)for rezoning and proposed use(s)of property: Construct a two car tent buildincr__on site arld t-,p_bring property zoning into compliance with adj - * - ' c--perties The proposed use is as currently being used railroad car_rep it and g. Conditions(if any)agreed to: maintenance. h. Other pertinent information(use reverse side if necessary)Requested rezoning is to support expansion and retention of Union Tank Car Repair Services operations in Waterloo, IA. Please Note:_ If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of$300 +$10 per acre($750 max) (payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Program ' g, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned aut •i Ci ing Officials to enter the property in question in regards to the request. BLACK C DEVELOPMENT, INC. By: 11-22-17 Signature of Applicant Date Sign re o nor Date Lucas P. sen, President Page 39 of 121) Rezoning Request— 200 Nevada Street and Adjacent Properties j 200 Nevada Street. Looking north from 200 Nevada Street at where Nevada Street enters the site. t rt Looking south from the end of Nevada Looking northwest from 200 Nevada Street Street. The area on the right is requested to at one of the parcels requested to be be rezoned. rezoned. Page 40 of 121 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify: 3915 Monterey Drive- $681.09. City Council Meeting: 1/8/2018 Prepared: 12/26/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 12/26/2017 - 12:39 PM Clerk Office Higby, Nancy Approved 1/2/2018 - 3:31 PM ATTACHMENTS: Description Type D 3915 Monterey Dr. - $681.09 Cover Memo Request to certify assessment to property for work performed by the SUBJECT: Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 3915 Monterey Drive - 8681.09. Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 41 of 198 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 MARY H.POTTER,Vice-Chair SCOTT WOENANDS December 20, 2017 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, December 20, 2017. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $681.09, which is supported by invoice from Frickson Bros. Excavating, and the Waterloo Water Works, showing the work necessary to repair the pave box / curb stop in regards to the following: WHEREAS, the previous owner was notified by the Waterloo Water Works to make the repairs to the pave box / curb stop at 3915 Monterey Drive, which is located on Lot No. One Hundred Twenty-four (124) in Central Heights II Addition in the city of Waterloo, Black Hawk County, Iowa, and was owned by Judith Ann Winkler. WHEREAS, the previous property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box / curb stop, the Waterloo Water Works caused the pave box / curb stop to be repaired. WHEREAS, ownership of the property has transferred to U.S. Bank National Association. WHEREAS, the current property owner did not respond to notification from the Waterloo Water Works, the Waterloo Water Works caused the cost to be assessed to the property. Page 42 of 198 Page 2 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Potter, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Enclosure Page 43 of 198 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify:1420 Commercial Street- $2,282.17. City Council Meeting: 1/8/2018 Prepared: 12/26/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 12/26/2017 - 2:15 PM Clerk Office Even, LeAnn Approved 12/27/2017 - 1:15 PM ATTACHMENTS: Description Type ❑ December 20, 2017 Board Assessment Letter Cover Memo Request to certify assessment to property for work performed by the SUBJECT: Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certifv:1420 Commercial Street- S2,282.17. Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 44 of 198 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 MARY H.POTTER,Vice-Chair SCOTT WOENANDS December 20, 2017 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, December 20, 2017. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $681.09, which is supported by invoice from Frickson Bros. Excavating, and the Waterloo Water Works, showing the work necessary to repair the pave box / curb stop in regards to the following: WHEREAS, the previous owner was notified by the Waterloo Water Works to make the repairs to the pave box / curb stop at 3915 Monterey Drive, which is located on Lot No. One Hundred Twenty-four (124) in Central Heights II Addition in the city of Waterloo, Black Hawk County, Iowa, and was owned by Judith Ann Winkler. WHEREAS, the previous property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box / curb stop, the Waterloo Water Works caused the pave box / curb stop to be repaired. WHEREAS, ownership of the property has transferred to U.S. Bank National Association. WHEREAS, the current property owner did not respond to notification from the Waterloo Water Works, the Waterloo Water Works caused the cost to be assessed to the property. Page 45 of 198 Page 2 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Potter, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Enclosure Page 46 of 198 CITY OF WATERLOO Council Communication Request from Mary Murray for a waiver for a concrete driveway located at 508 Woodbridge Street with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/3/2018 - 10:58 AM Clerk Office Higby, Nancy Approved 1/3/2018 - 11:03 AM ATTACHMENTS: Description Type ❑ DW Waiver 508 Woodbridge St Cover Memo Request from Mary Murray for a waiver for a concrete driveway located SUBJECT: at 508 Woodbridge Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 508 Woodbridge Street. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Page 47 of 198 Legal Descriptions: HILLCREST SECOND ADDITION LOT 24 Page 48 of 198 Date: WAIVER � ;lam �r f/�1y� e ,f' Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at oncrete r asphalt) 500 Stm=t 6�-'4eJ-k V 5070 r (Address) i This waiver is needed because of: special surface texiure to be used on the concrete approach (i.e., exposed aggregaie, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollar ($7.00} f r the purpose of recording this agreement. Respectfully submitted, Printed Name f Property Own Signature of Property Owne Page 49 of 198 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as January 22, 2018 to approve the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, Waterloo Regional Airport, Waterloo, Iowa, and authorize the City Clerk to publish notice. City Council Meeting: 1/8/2018 Prepared: 1/2/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/3/2018 - 11:39 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 12:06 PM ATTACHMENTS: Description Type D Proposed Waterloo Airport Zoning Ordinance Backup Material D Airport Ordinance Development Overview Backup Material D Existing Waterloo Airport Zoning Ordinance(1956) Backup Material Resolution setting date of public hearing as January 22, 2018 to approve the SUBJECT: Waterloo, IowaAiraort Land Use and Height Overlay Zoning Ordinance Waterloo Regional Airport, Waterloo. Iowa, and authorize the City Clerk to publish notice. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval On October 23, 1956 the City of Waterloo adopted Ordinance No. 2059, and the City of Cedar Falls and Black Hawk County took similar action to adopt the Waterloo Municipal Airport Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards. The Ordinance has existed unchanged since adoption in 1956. The Iowa Department of Transportation Office of Aviation manages all airports in Iowa, and developed a guidebook for model Airport Zoning Ordinances, Summary Statement: and made grant funding available for Iowa Association of Regional Councils to develop and have adopted new updated Airport Zoning Ordinances consistent with the state model ordinance. The City of Waterloo was awarded grant funding for INRCOG to perform the ordinance update for the Waterloo Regional Airport, which includes affected lands within the City of Waterloo, the City of Cedar Falls, and unincorporated areas of Black Hawk County. Attached is the proposed ordinance to be adopted. The ordinance has already been adopted by the City of Cedar Falls and Black Hawk C ounty. No expenditure is required for adoption of the Ordinance. The City of Page 50 of 198 Expenditure Required: Waterloo previously submitted, received, and accepted a grant, which had a local match of$1,320, which will be split equally between the three jurisdictions, putting the City of Waterloo expenditure required as $440. Source of Funds: Airport funds Policy Issue: Zoning Ordinance Page 51 of 198 ORDINANCE NUMBER WATERLOO, IOWA AIRPORT LAND USE AND HEIGHT OVERLAY ZONING ORDINANCE WATERLOO REGIONAL AIRPORT,WATERLOO, IOWA Preamble BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: THIS IS AN ORDINANCE REPEALING THE WATERLOO MUNICIPAL AIRPORT ZONING RESOLUTION AND ORDINANCE OF THE CITY OF WATERLOO, IOWA, INCLUDING THE AIRPORT ZONING MAP, AND ALL OF THE AMENDMENTS THERETO: AND ENACTING IN LIEU THEREOF AS NEW ORDINANCE NUMBER _, THE CITY OF WATERLOO, IOWA AIRPORT ZONING ORDINANCE INCLUDING THE AIRPORT LAND USE AND HEIGHT ZONING MAP AND SHALL BE INTEGRATED INTO THE WATERLOO CITY CODE OF ORDINANCES. ORDINANCE NUMBER IS AN ORDINANCE CREATED FOR THE PURPOSE OF PROTECTING HEALTH,WELFARE,AND PUBLIC SAFETY WITHIN A SPECIFIC AREA IN PROXIMITY TO THE WATERLOO, IOWA REGIONAL AIRPORT. Section 1—Introduction This ordinance shall regulate and restrict the height of structures, objects, and growth of natural vegetation, as well as land uses; otherwise regulating the use of property, within the vicinity of the Waterloo Regional Airport. Creation of appropriate zones and establishing the boundaries thereof, as well as providing for changes in the restrictions and boundaries of such zones is vested in this Ordinance. The Waterloo Regional Airport Land Use and Height Zoning Maps are incorporated into and made part of this Ordinance. The Ordinance also provides for the enforcement of the Ordinance,the recognition of Board of Adjustment; and imposition of penalties related to the implementation of this Ordinance. Section 2—Authority Iowa Code Section 329.3 Airport Zoning empowers local municipalities to zone airports including height restrictions and land uses. Section 3— Statement of Purpose and Findings The Waterloo Regional Airport(hereafter referred to as"the Airport")is acknowledged as an essential public facility to the State of Iowa and the local community. The creation or establishment of an airport hazard is a public nuisance and poses a potential concern to the surrounding communities served by the Airport. There shall be no creation or establishment of a hazard that endangers the public health, safety, welfare, and impact an individual's quality of life, nor prevent the safe movement of aircraft at the Airport. For the protection of the public health, safety, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards. The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of the police power. The prevention of new airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are considered to be a public purpose for which the City of Cedar Falls, City of Waterloo, and Black Hawk County may raise and expend public funds, as an incident to the operation of airports, to acquire or property interest therein. 1 Page 52 of 198 Section 4— Short Title This Ordinance shall be known and may be cited as the Airport Ordinance, and it is referred to as "the Ordinance"within the following sections. Section 5—Applicability This Ordinance encompasses a general area around the Airport. Specific dimensions associated with the zoning boundary are shown in the Airport Land Use and Height Zoning Maps. Section 6—Definitions The following definitions shall be utilized for terms as appropriate to the Ordinance. 1. Air Traffic (FAA FAR Sec. 1.1)—Aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas. 2. Airport (FAA FAR Sec. 152.3) —Any areas of land or water that is used, or intended for use, for the landing and takeoff of aircraft. Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition. 3. Airport Elevation (FAA AC 150/5190-4A)—The highest point on an airport's usable landing area measured in feet from sea level. 4. Airport Environs — The land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport. 5. Airport Hazard (FAA FAR Sec. 152.3)—Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstruct the airspace required for the flight of aircraft landing or taking off at the airport; or is otherwise hazardous to aircraft landing or taking off at the airport. 6. Airport Layout Plan (ALP) (FAA FAR Sec. 152.3) —The plan of an airport showing the layout of existing and proposed airport facilities. 7. Airport Overlay Zones—A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports. a. Zone A—is intended to provide a clear area that is free of above ground obstructions and structures. This Zone is closest to the individual runway ends. b. Zone B — is a critical overlay surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision)that a specific runway has and the type/size of aircraft utilizing the runway. c. Zone C—includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface. d. Zone D — is typically elliptical in shape, depending upon the runway types and configurations at an individual airport. 2 Page 53 of 198 e. Zone E—is the outermost zone of the overlay areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. 8. Airport Reference Code(ARC)—The ARC is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport. 9. Airport Reference Point (ARP) (FAA AC 150/5300-13) — The latitude and longitude of the approximate center of the airport. 10. Airport Zoning Permit — Airport zoning permit allowing new development or alteration or expansion of a nonconforming use. 11. Airside—That portion of the airport facility where aircraft movements take place, airline operations areas, and areas that directly serve the aircraft, such as taxiway, runway, maintenance and fueling areas. 12. Airspace — The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. 13. Approach and Runway Protection Zone Map—The Approach and Runway Protection Zone Map is compiled from the criteria in FAR Part 77, "Objects Affecting Navigable Airspace." It shows the area affected by the Airport Overlay Zoning Ordinance and includes the layout of runways, airport boundaries,elevations,and area topography.Applicable height limitation areas are shown in detail. 14. Approach Slopes (FAA Part 77)—The ratios of horizontal to vertical distance indicating the degree of indication of the Approach Surface. The various ratios include: a. 20:1 — For all utility and visual runways extended from the primary surface a distance of 5,000 feet. b. 34:1 — For all non-precision instrument runways extended from the primary surface for a distance of 10,000 feet. c. 50:1/40:1 — For all precision instrument runways extending from the primary surface for a distance of 10,000 feet at an approach slope of 50:1 and an additional 40,000 feet beyond this at a 40:1 Approach Slope. 15. Approach Surface (FAA AC 150/5190-4A) — A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. 16. Avigation Easement — A grant of a property interest in land over which a right of unobstructed flight in the airspace is established. 17. Building Codes—Codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes. 3 Page 54 of 198 18. Commercial Uses — Commercial uses means a use category including land uses or activities involving the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public.Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking. 19. Compatibility—The degree to which land uses or types of development can coexist or integrate. 20. Easement (FAA AC 5020-1)—The legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on, or below property; certain air rights above the property, including view rights; and the rights to any specified form of development or activity, as well as any other legal rights in the property that may be specified in the easement document. 21. Federal Aviation Administration (FAA)—A federal agency charged with regulating air commerce to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promoting the development of a national system of airports. 22. Federal Aviation Regulations (FAR)—Regulations established and administered by the FAA that govern civil aviation and aviation-related activities. a. FAR Part 36 (FAA FAR Sec. 36.1)— Regulation establishing noise standards for the civil aviation fleet. b. FAR Part 91 (FAA FAR Sec. 91.1) — Regulation pertaining to air traffic and general operating rules, including operating noise limits. c. FAR Part 150 (FAA FAR Sec. 150.1)— Regulation pertaining to airport noise compatibility planning. d. FAR Part 161 (FAA FAR Sec. 161.1) — Regulation pertaining to notice and approval of airport noise and access restrictions. e. FAR Part 77 (FAA FAR Sec. 77.1) — Objects Affecting Navigable Airspace — Part 77 (a) establishes standards for determining obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas. 23. General Aviation Airport—Any airport that is not an air carrier or a military facility. 24. Height— Height is utilized for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Official Airport Land Use and Height Zoning Map; height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified. 25. Hold Harmless Agreement—An agreement which holds airport sponsors orjurisdictions harmless for alleged damages resulting from airport operations. Such agreements are recorded in deeds or permits as a condition of approval of a regulatory land use decision. 26. Industrial, Wholesale Trade, and Storage Uses — A use category including the following use types: 4 Page 55 of 198 a. Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market,for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically 10% or less of the total gross floor area). Relatively few customers come to the site. b. Industrial, manufacturing, wholesale trade, and warehouse/storage uses including uses that produce goods from raw or finished materials, uses that distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage. 27. Imaginary Surfaces (FAA FAR Part 77.25)—Those areas established in relation to the airport and to each runway consistent with FAR Part 77 in which any object extending above these imaginary surface, by definition, is an obstruction. a. Transitional Surface — The transitional surface extends outward and upward at right angles to the runway centerline and extend at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation. b. Horizontal Surface—The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. c. Conical Surface—The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance 4,000 feet. d. Approach Surface — The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface varies from 5,000 to 50,000 feet and also depends upon the approach type. 28. Incompatible Land Use (FAA FAR Sec. 150.7)—The use of land which is normally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals, and libraries). 29. Itinerant Operation (FAA AC 150/5325-48) — Takeoff or landing operations of airplanes going from one airport to another airport that involves a trip of at least 20 miles. Local operations are excluded. 30. Land Use Compatibility—The coexistence of land uses surrounding the airport with airport-related activities. 5 Page 56 of 198 31. Lighting and Marking of Hazards to Air Navigation— Installation of appropriate lighting fixtures, painted markings or other devices to such objects or structures that constitute hazards to air navigation. 32. Mitigation — The avoidance, minimization, reduction, elimination or compensation for adverse environmental effects of a proposed action. 33. Navigation Aids (NAVAID) —Any facility used by an aircraft for guiding or controlling flight in the air or the landing or takeoff of an aircraft. 34. Navigable Airspace — The airspace above minimum altitude for safe flight, and includes the airspace needed to ensure safety in takeoff and landing of aircraft. 35. Noise Exposure Contours — The lines drawn around a noise source indicating constant energy levels of noise exposure. For this ordinance, day-night average sound levels (DNL), which averages noise level over a 24-hour period of time, will be used as the measure to describe community exposure to noise. 36. Noise Impact—A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area. 37. Noise Sensitive Area (FAA AC 91-36D)— Defined as an area where noise interferes with normal activities associated with the area's use. Examples of noise-sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. 38. Non-Conforming Use—Any pre-existing structure, tree, or use of land that is inconsistent with the provisions of the local land use or airport master plans. 39. Object (FAA AC 150/5300-13)—Includes, but is not limited to above ground structures, NAVAIDs, people, equipment, vehicles, natural growth, terrain, and parked aircraft. 40. Obstacle Free Zone (OFZ) (FAA 150/5300-13)—The OFZ is the airspace below 150 feet above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for the frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for the aircraft landing or taking off from the runway, and for missed approaches. 41. Obstruction (FAA AC 150/5190-4A) — Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, specific to its geographic location relative to the runway/airport. 42. Off-Airport Property—Property that is beyond the boundary of land owned by the airport sponsor. 43. On-Airport Property—Property that is within the boundary of land owned by the airport sponsor. 44. Overlay Zone — A mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. 45. Primary Surface (FAA AC 150/5190-4A)—A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond 6 Page 57 of 198 each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 46. Primary Runway (FAA AC 150/5325-48 General Definition)—The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways. 47. Public Assembly Use — Means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. "Public assembly use" does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan. 48. Public Use Airport (FAA AC 150/5190-6) — Means either a publicly owned airport or a privately owned airport open for public use. 49. Residential and Accommodation Uses — Mean a use category that includes the following use types: a. Residential uses that provide living accommodations, including sleeping, eating, cooking and sanitary facilities, to one or more persons, and where tenancies typically last longer than 30 days. b. Accommodation uses characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of less than 30 days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. 50. Runway Protection Zone (RPZ) (FAA AC 150/5300-13) —An area off the runway end designed to enhance the protection of people and property on the ground. 51. Runway Safety Area(FAA AC 150/5300-13)—A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an overshoot, or excursion from the runway. 52. Structure — Any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same. 53. Utility Runway — A utility runway constructed for and intended to be used by propeller driven aircraft of 12,500 pounds gross weight or less. 54. Variance - An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land that is prohibited by a zoning ordinance.A lawful exception from specific zoning ordinance standards and regulations predicated on the practical difficulties and/or unnecessary hardships on the petitioner being required to comply with those regulations and standards from which an exemption or exception is sought. 55. Visual Approach —An approach to an airport conducted with visual reference to the terrain. 7 Page 58 of 198 56. Visual Runway (FAA AC 150/5300-13) — A runway without an existing or planned straight-in instrument approach procedure. 57. Visual Flight Rules (VFR) (FAA FAR Sec. 170.3) — Rules that govern the procedures for conducting flight under visual conditions. The term "VFR" is also used in the United States to indicate weather conditions that are equal to or greater than minimum VFR requirements. In addition, "VFR" is used by pilots and controllers to indicate the type of flight plan. 58. Wetland—Land on which water covers the soil or is present either at or near the surface of the soil or within the root zone, all year or for varying periods of time during the year, including during the growing season. (FAA AC 150/5200-33A) Wetlands provide a variety of functions and can be regulated by local, state, and Federal laws. Normally, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species. 59. Wildlife Attractants — Means any human-made structure, land-use practice, or human-made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport's air operations area.These attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. 60. Wildlife Hazards — Means species of wildlife (birds, mammals, reptiles), including feral animals and domesticated animals not under the control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. Section 7—Air Space Obstruction Zones The Airport Height Overlay Zoning Districts are illustrated on the official Waterloo Airport Land Use and Height Zoning Map, attached and made part of this Ordinance. Such official Airport Land Use and Height Zoning Map may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this Ordinance. Section 8—Land Use Safety Zones FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones.These five zones are designed to maintain compatible land uses around the Airport. The zones shall be evaluated for compatible land uses. 8.A Definition of Zones Five airport overlay zoning districts are prescribed within this Ordinance. Specific dimensions for the individual zones for each runway end are noted in the following tables and text. The Airport Land Use and Height Zoning Maps should be evaluated to determine the specific area of impact associated with each zone. Zone A— Runway Protection Zone (RPZ) Zone A is intended to provide a clear area that is free of above-ground obstructions and structures. This zone is closest to the individual runway ends. The dimensional standards for this zone are the same as those described in the Airport Design AC (AC 150/5300-13 Change 11) and are shown in the following table. 8 Page 59 of 198 Table 1: Zone A Dimensional Re uirements Approach Dimensions Runway Ends Visibility Length Inner Width Outer Width RPZ acres Minimums' L feet W, feet Wz feet Runway 6 Non Precision 1,700 1,000 1,510 48.978 Runwa 24 Non Precision 1,700 1,000 1,510 48.978 Runwa 12 Precision 2,500 1,000 1,750 78.914 Runway 30 Non Precision 2,500 1,000 1,750 78.914 Runway 18 Non Precision 1,700 1,000 1,510 48.978 Runway 36 Non Precision 1,700 1,000 1,510 48.978 ' The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs. Source: FAA AC 150/5300-13, Change 11, Airport Design Standards Zone B—Approach Surface Zone B is a critical airport overlay zoning surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway. The following table illustrates the various sizes of Zone B based upon the specific runway criteria. A portion of Zone B is overlain by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B begins at the inner edge of the RPZ. Zone C—Transitional Surface Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface paralleling the runway and extended runway centerline until they reach the end of Zone A at a 90 degree angle. The specific dimensions for Zone C are based upon various options for the primary surface that is predicated upon the type of approach and critical aircraft. Zone D— Horizontal Surface Zone D is typically elliptical in shape, depending upon the runway types and configurations at individual airports. Zone E—Conical Surface Zone E is the outermost zone of the airport overlay zoning areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. 9 Page 60 of 198 Table 2: Airport OverlayZones B-E Dimensional Standards Ru way Dimensional Standards Feet Item Runway Runway Runway Runway Runway Runway 6 24 12 30 18 36 Primary surface width and 500 500 1,000 1,000 500 500 Zone B inner width Zone B end width 3,500 3,500 16,000 4,000 3,500 3,500 Zone B length 10,000 10,000 10,000* 10,000 10,000 10,000 Zone C width 1,050 1,050 1,050 1,050 1,050 1,050 Zone D radius 10,000 10,000 10,000 10,000 10,000 10,000 Zone E width 4,000 4,000 4,000 4,000 4,000 4,000 *The length of Zone B for a precision instrument runway is 10,000 feet for the purposes of the land use zone. The FAR Part 77 surface which it is based upon extends for an additional 40,000 feet. Source: FAA AC 150/5300-13, Change 11, Airport Design Standards 8.13 Zone Compatibility The following tables shall be utilized to evaluate land use compatibility for various land use classifications. Uses identified as compatible shall not require additional review. However, consideration should be given to the following areas of concern: 1. Noise sensitive related issues 2. High concentrations of people 3. Tall structures 4. Visual obstructions 5. Wildlife and bird attractants 6. Flammable substances and materials 7. Electrical, navigation, and radio interference Uses found to be NOT compatible shall be precluded from development within the specific zone. Uses found to require additional review shall be evaluated for general compatibility utilizing the Compatible Land Use Planning Checklist and the seven primary areas of concern noted above. 10 Page 61 of 198 Table 3: Waterloo Regional Airport Zone Chart C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Residential Activities Single Dwelling Unit Uses 1 dwelling er lot Detached Single Dwelling Unit(i.e. farm dwelling, detached single home, NC AR AR AR C manufactured/modular homes if converted to real property and taxed) Detached Zero Lot Line Dwelling(i.e. NC AR AR AR C condominium) Attached Single Dwelling Unit(i.e. NC AR AR AR C townhouses) Two Dwelling Unit Uses (i.e. two principal dwelling units within one NC AR AR AR C building on the same parcel) Multi-Dwelling Unit Uses (i.e. three or more principal dwelling units within a single building on the same parcel, apartments such as condominium, elder, assisted living, townhouse-style) Low-Rise 1-3 levels NC AR AR AR C Group Living Uses (i.e. assisted living, group care facilities, nursing and NC AR AR AR C convalescent homes, independent group livin Manufactured Housing Parks NC AR AR AR C Commercial Activities Eating and Drinking Establishments (i.e. restaurants, cafes, coffee shops, NC AR AR C C fast food restaurants, bars, nightclubs, taverns, cocktail lounges) Quick Vehicle Servicing Uses (i.e. full-serve and mini-serve gas station, NC AR AR C C unattended card key service stations, car washes Office Uses i.e. business, government, professional, medical, or financial General Office (i.e. professional offices, financial businesses, government NC AR AR AR C offices Low-Rise 1-3 levels NC AR AR AR C Medical/Dental Office (i.e. medical and dental clinics, chiropractic clinics, NC AR AR AR C physical therapy clinics Retail Uses i.e. sale, lease, or rent of new or used products) Sales-Oriented(i.e. appliances, convenience stores, bakeries, electronics, furniture, garden supplies, NC AR AR AR C gas stations, groceries, hardware, malls, strip malls, videos Personal Service-Oriented(i.e. retail service-banking establishments, laundromats/dry cleaning, quick printing NC AR AR AR C services, beauty/tanning salons, funeral homes 11 Page 62 of 198 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Repair-Oriented(i.e. consumer goods- electronics, office equipment, NC AR AR AR C a liances Hospitality-Oriented(hotels, motels, convention centers, meeting halls, NC AR AR AR C event facilities Low-Rise (1-3 levels) NC AR AR AR C Outdoor Storage and Display-Oriented (i.e. outdoor storage-lumber yards, vehicles sales, landscape material and NC AR AR AR C nursery product sales, farm supply and equipment sales Surface Passenger Services (i.e. passenger terminals for buses, rail NC AR AR C C services, local taxi and limousine services Vehicle Repair Uses (i.e. vehicle repair or service shops, alignment NC AR AR C C shops, tire sales Industrial/Manufact ring Activities Industrial Service Uses (i.e. machine shops, tool repair, towing and vehicle storage, building supply yards, NC AR AR AR C heating/plumbing/electrical contractors, exterminators,janitorial services, fuel oil distributors, solid fuelyards) Manufacturing and Production Uses (i.e. manufacturing, processing, fabrication, packaging or assembly ofgoods) Technical/Light Manufacturing(i.e. electrical components, engineering, scientific and research, office, computer NC AR AR AR C hardware/software, optical, pharmaceuticals, printing/photo facilities, publishing) General Manufacturing(i.e. manufacturing, compounding, NC AR AR AR C assembling or treatment of most articles, materials, or merchandise Heavy Manufacturing(i.e. concrete and asphalt plants, meat packing plants, wet corn milling, manufacturing of NC AR AR AR C animal feed, paper/paperboard mills, ethanolplants) Mining and Extraction Uses NC AR AR AR C Salvage Operations (i.e. firms that collect, store, and dismantle damaged NC AR AR C C or discarded vehicles, machinery, appliances, and building material Self-Service Storage Uses (i.e. mini- NCC C C C warehouses/storage facilities 12 Page 63 of 198 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Warehouse and Freight Uses (i.e. major wholesale distribution centers, general freight storage, railroad NC C C C C switching yards, bus/rail car storage lots, parcel service, grain terminals Waste-Related Uses (i.e. recycling centers, sanitary landfills, waste transfer stations, composting, energy recovery plants, sanitary and water AR AR AR AR AR treatment facilities, sanitary collection/pumping facilities, hazardous waste collection sites Wholesale Sales Uses (i.e. sale, lease, or rental of products to retailers NC AR AR AR C for industrial, institutional, or commercial business users Institutional Activities Basic Utility Uses (i.e. utility substation facilities, electrical NC AR AR AR C substations, water and sewer lift stations, water towers College and Universities (i.e. public or private colleges and universities, NC AR AR AR C technical colleges, seminaries Community Service Uses (i.e. public, nonprofit, or charitable nature providing a local service to the people General Community Service (i.e. libraries, museums, transit centers, park and ride facilities, NC AR AR AR C senior/community/neighborhood centers, police and fire stations Community Service-Shelter(i.e. NC AR AR AR C transient housin Daycare Uses (i.e. childcare centers, adult daycare, preschools, after school NC AR AR AR C programs) Detention Facilities (i.e. prisons,jails, probation centers,juvenile detention NC AR AR AR C homes, halfway houses Educational Facilities i.e. public and private schools General Educational Facilities (i.e. public and private elementary, middle, junior, and senior high schools NC AR AR AR C including religious, boarding, military schools Specialized Education Facilities (i.e. specialized trade, business, or NC AR AR AR C commercial courses, non-degree- granting schools 13 Page 64 of 198 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Hospitals (i.e. hospitals, medical centers) NC AR AR AR C Religious Assembly Uses (i.e. churches, temples, synagogues, NC AR AR AR C mosques, Masonic, eagles, moose, or elk lodges) Infrastructure Activities Communication Transmission Facility Uses (i.e. broadcast, wireless, NC AR AR AR AR point to point, emergency towers and antennae Parking Uses (i.e. ground lots, parking AR C C C C structures Transportation Uses (i.e. highways, AR C C C C interstates, local and county roads Utility Uses (i.e. solar power generation equipment, wind generators, NC AR AR AR AR wind farms Agricultural Uses i.e. commercial cultivation of plants, livestock production Plant-related(i.e. crop farming, vegetable, fruit, and tree, wholesale C C C C C plant nurseries Animal-related(i.e. livestock AR AR AR C C operations, dairy farms, horse farms Resident-related(i.e. single unit home, mobile home if converted to real NC AR AR AR C propertyand taxed Facility-related(i.e. fuel bulk storage/pumping facility, grain elevator, NC AR AR AR AR livestock/seed/grain sales Water Bodies i.e. open bodies containingwater , Wildlife Areas, and Floodplains Man-made resources(i.e. mining and extraction, water detention ponds, NC AR AR AR AR wetlands Naturally occurring (i.e. lakes, ponds, prairie pot holes, rivers, streams, NC AR AR C C wetlands Wildlife Preservation Areas (i.e. petting zoos, wildlife rehabilitation NC AR AR AR C centers, zoos Floodplains AR AR AR C C Parks and Recreation Activities Commercial Recreational Uses i.e. facilities used for physical exercise, recreation, or culture Outdoor(i.e. campgrounds, tennis/swimming facilities, drive-in theaters, skating rinks, pavilions, NC AR AR AR C amphitheaters) 14 Page 65 of 198 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Indoor(i.e. physical fitness centers, health clubs, bowling alleys, skating rinks, billiard halls, arcades, indoor NC AR AR AR C theaters) Golf(i.e. golf driving ranges, outdoor NC AR AR C C miniature golf, 9+ hole courses) Utility Uses (i.e. amusement/theme parks, fairgrounds, racetracks, sports NC AR AR AR AR arenas) Parks (i.e. aquatic, mini, private, sports, neighborhood, school, NC AR AR C C community) Casino NC AR AR AR C 1 Table 3, including both the land use and height restrictions (FAA Part 77), shall apply to areas defined as "Zone B" and "Zone C' inside of the Conical Surface ("Zone E"), as shown on the Airport Land Use and Height Zoning Map. For areas defined as"Zone B" and "Zone C' outside of the Conical Surface ("Zone E"), only the height restrictions (FAA Part 77), as identified on the Airport Land Use and Height Zoning Map, shall apply. Section 9—Airport Overlay Zoning Maps The Airport Land Use and Height Overlay Zoning Districts established by this Ordinance are shown on the Airport Land Use and Height Zoning Maps. Such Official Airport Land Use and Height Zoning Maps may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this Ordinance. Section 10— Ordinance Administration It shall be the duty of the Waterloo City Planner, Cedar Falls City Planner, and Black Hawk County Zoning Administrator, referred to herein as the "Airport Zoning Administrator," within their respective jurisdictions to administer the regulations prescribed herein for their respective communities. Applications for permits and variances shall be made to the appropriate Airport Zoning Administrator upon forms furnished by said Airport Zoning Administrator. Applications for action by the Airport Board of Adjustment shall be forthwith transmitted by the Airport Zoning Administrator should an applicant request review. Permit applications shall be either granted or denied by the appropriate Airport Zoning Administrator according to the regulations prescribed herein. Section 11—Airport Overlay Zoning Permits It shall be the duty of the applicant to provide the Airport Zoning Administrator with sufficient information to evaluate the proposed action. This information shall include but not be limited to the following as noted in the Compatible Land Use Planning Checklist: • Contact information • Structure information • Site information • Drawing information 15 Page 66 of 198 • Certification • Identify current and potential compatibility concerns The Airport Zoning Administrator shall evaluate the proposal based upon information provided by the applicant.The Airport Zoning Administrator shall approve the permit if after evaluation,the proposed project is found to be adequately compatible. Should the proposed project be found to be incompatible after review, the Airport Zoning Administrator shall deny the permit. Should the permit be denied, the applicant shall have the right to request a variance or an appeal as prescribed in this Ordinance. Section 12—Hazardous Markings and Lighting Lighting and marking requirements will be determined through an FAA 7460-1 airspace analysis.The owner of any structure, object, natural vegetation, or terrain is hereby required to install, operate, and maintain such markers, lights, and other aids to navigation necessary to indicate to the aircraft operators in the vicinity of an airport the presence of an airport hazard. Hazardous markers and lights shall be installed, operated, and maintained at the expense of the jurisdiction. Section 13—Height Limitations No structure, object, natural vegetation, or terrain shall be erected, altered, allowed to grow or be maintained within any airport zoning district established by this Ordinance to a height in excess of the applicable height limitations set forth in this Ordinance. The permitted height shall not exceed the difference between the grade elevation and the height limitation numbers illustrated on the "Official Waterloo Airport Land Use and Height Map" within the various airport zoning districts encompassed by this Ordinance. An FAA 7460-1 airspace review shall provide a portion of the information necessary to evaluate potential height impacts. However, it shall not be the sole source of review. Section 14—Airport Zoning Commission The commission so appointed shall be known as the Airport Zoning Commission. In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall follow the procedure in Iowa Code Sections 335.6 and 335.8. The Airport Zoning Commission shall adopt operating rules or guidelines. The Airport Zoning Commission shall consist of seven total members, two members from the Planning and Zoning Commission of each jurisdiction and one additional member, who is the Airport Director. The chairperson of the Airport Zoning Commission shall be selected and reappointed by a majority vote of the members serving on the Airport Zoning Commission. The terms of the members of the Airport Zoning Commission shall be determined by the Iowa Code. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. Section 15—Airport Board of Adjustment The governing bodies of the jurisdictions under this ordinance shall provide for the appointment of an Airport Board of Adjustment, as provided in Iowa Code Section 414.7 for a city, or as provided in Section 335.10 for a county. The Airport Board of Adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in Iowa Code Sections 414.9 to 414.19 for a city, or Sections 335.12 to 335.16 and 335.18 to 335.21 for a county. The Airport Board of Adjustment shall adopt operating rules of procedure. 16 Page 67 of 198 The Airport Board of Adjustment shall consist of seven total members, two members from each jurisdiction and one additional member, the Airport Director. The chairperson of the Airport Board of Adjustment shall be selected and reappointed by a majority vote of the members serving on the Airport Board of Adjustment. The terms of the members of the Airport Board of Adjustment shall be determined by the Iowa Code. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which that member was selected. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The concurring vote of a majority of the Airport Board of Adjustment shall be necessary to do any of the following: a. Reverse any order, requirement, decision, or determination of any administrative official. b. Decide in favor of the applicant on any matter upon which the board is required to pass under any regulations adopted pursuant to Iowa Code Chapter 329. c. Effect any variance from any regulations adopted pursuant to Iowa Code Chapter 329. Section 16— Variances Any person desiring to erect, alter, or increase the height of any structure, object, or to permit the growth of any natural vegetation, or otherwise use their property in violation with any section of this Ordinance, may apply to the Airport Board of Adjustment for variance from such regulation. No application for variance to the requirements of this Ordinance may be considered by the Airport Board of Adjustment unless a copy of the application has been submitted to the Airport Zoning Administrator for an opinion as to the aeronautical effects of the variance. No variance shall be granted unless evidence shows all of the following: (1) that the regulations contained herein create practical difficulties where strict or literal interpretation or enforcement would create an unnecessary hardship prohibiting the use of the property in manner reasonably similar to that of others in the zone; (2)the request has a uniqueness that is not common in the zone in which the property is located; (3)the request is not contrary to the public interest; and (4)the spirit and intent of the ordinance shall be observed and substantial justice done. There shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. Section 17—Appeals Any person, property owner, or taxpayer impacted by any decision of this Ordinance may appeal to the Airport Board of Adjustment. Such appeal, by application, shall be taken to the Board within a reasonable time, but not longer than thirty (30) days. The Airport Zoning Administrator shall forthwith transmit to the Airport Board of Adjustment an application and all documentation constituting the record upon which the appealed action is requested. In exercising their powers,the Airport Board of Adjustment may, in conformity with the provisions of the law, reverse or affirm,wholly or partly, or modify the order, requirement, decision, or determination as it believes proper and to that end will have the powers of the Airport Zoning Administrator. There shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. The concurring vote of four 4 members of the Airport Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Airport Zoning Administrator, or to decide in favor of the applicant on any matter which it is required to pass under this Ordinance, provided that the action of the Airport Board of Adjustment shall not become effective until after the written decision or resolution of the Airport Board of Adjustment, setting forth the full reason for its decision and the vote of each participating member as documented in its minutes. Said written decision or resolution shall be filed in the office of the Airport Zoning Administrator and shall be open to public inspection. 17 Page 68 of 198 Section 18—Judicial Review Any person aggrieved, or any taxpayer affected, by any decision of the Airport Board of Adjustment may appeal to the Court of Record as provided in Iowa Code, Section 414.15. Section 19—Penalties If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the appropriate City or County may, in addition to other remedies, seek injunctive relief,commence a municipal or county infraction action, mandamus, or other appropriate lawful action necessary to prevent, correct, or abate such violation. A violation of this Ordinance shall be deemed a violation of the appropriate City or County Code and thus constitute a municipal or county infraction, a civil offense punishable by a civil penalty, order of abatement and the entry of a judgment for costs of abatement or correction, pursuant to Iowa Code section 364.22 or 331.307. Any construction started without a permit or which does not comply with the requirements of the corresponding Code of Ordinances shall be removed immediately. The City Council or County Board of Supervisors may, without limitation, provide for the abatement of such infraction, and may pursue any combination of remedies available. Each day that a violation is continued shall constitute a separate violation. Section 20—Nonconformities Any pre-existing nonconforming structure, tree, or use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when this Ordinance or amendments to it were adopted. A nonconforming structure in existence at the adoption hereof that was not a lawful, or authorized under previous zoning ordinances, shall not be authorized to continue as a nonconforming building or structure pursuant to this Ordinance, or amendments thereto. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed or abandoned, but not to encourage their survival. Further, any nonconforming structures, buildings, uses, parcels, or lots shall be subject to the nonconforming regulations of the community in which the property in question is located. Section 21— Conflicting Regulations Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to height or structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Section 22— Severability If any provision of this Ordinance, or the application thereof to any person or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, said holding shall not affect other provisions or applications of the Ordinance,and to this end,the provisions of this Ordinance are declared to be severable. Section 23—Adoption,Amendment, and Repealing Regulations In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall 18 Page 69 of 198 follow the procedure in Iowa Code Sections 335.6 and 335.8. Any and all amendments made to this Ordinance shall also be made in accordance with Section 14, contained herein. Section 24—Effective Date This is an ordinance repealing the Waterloo Municipal Airport Zoning Resolution and Ordinance of the City of Waterloo, Iowa, including Airport Zoning Map and all of the amendments thereto; And enacting in lieu thereof as new Ordinance Number , the City of Waterloo, Iowa Airport Zoning Ordinance including Airport Land Use and Height Zoning Map, and it shall be integrated into the Waterloo City Code of Ordinances. Ordinance Number is an ordinance created for the purpose of protecting health, welfare, and public safety within a specific area of Waterloo in proximity to the Waterloo, Iowa Airport. Ordinance Number "The City of Waterloo, Iowa Airport Zoning Ordinance", as adopted, shall be in full force and effect upon publication, recording, and/or posting, as may be required by law. Adopted by the City Council of Waterloo, Iowa. Mayor Date Waterloo, Iowa Attest: City Clerk Date Waterloo, Iowa 19 Page 70 of 198 Waterloo Airport Zoning Ordinance Overview November 2017 1. IDOT Office of Aviation manages (at the state level) all airports in Iowa. 2. IDOT Office of Aviation contracted with Mead Hunt (Aviation Engineering Consulting Firm)to develop an Aviation Land Use Guidebook and conduct training in conjunction with the Iowa State University's Land Use Planning Workshops. FAA and IDOT Office of Aviation funding is used to complete these tasks. The Guidebook was designed to comply with all FAA and Iowa aviation and zoning regulations. Here is a link to the Iowa Airport Land Use Guidebook: http://www.iowadot.gov/aviation/airports/lowaAirportLandUseGuidebook2008.htm 3. Mead Hunt and the IDOT Office of Aviation utilized a Land Use Advisory Committee to assist in the development of the Guidebook. Said Committee included IDOT, aviation experts, airport managers, pilots, land use planning professionals, university officials (land use law and zoning expert), the attorney general's office, municipal representatives, COGS, and other state agencies. 4. The resulting Guidebook contains the following, which were used in development of the proposed ordinance. a. Ordinance Outline (Chapter 4; Appendix Q) b. Ordinance Map Examples (Chapter 4) c. Ordinance Checklist and Permit Application (Appendix J) 5. IDOT Office of Aviation approached the Iowa Association of Regional Councils in 2013 about a Request for Proposals (RFP)funding for Airport Ordinance work. Funds were required to be used to adopt new regulations or upgrade existing regulations. 6. County seat airports in the INRCOG region were listed as eligible applicants based on the either the lack of regulations or dated regulations in place at that time. 7. The Waterloo Airport was selected as a funding recipient from IDOT Office of Aviation. The Cities and County provided the matching funds. The City of Waterloo contracted with INRCOG to develop the draft ordinance (text, map, and checklist/application). 8. As noted above,the Guidebook was the source for the proposed ordinance (text, map, and checklist/application). Incidentally,this is the 5th draft of these documents. 9. Prior to this point,the draft (text, map, and checklist/application) was submitted and has been reviewed by the IDOT Office of Aviation,which provided written comments indicating they saw nothing objectionable in the draft. Specifically stating that "nothing caught my attention for needing revision". 10. Today,you have the reviewed draft before you... 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M N t !; V14011`I �� �,� � °CD ° 00\ '` dco -®, Twild �f �,��nl N%vi g1 ill In -PEI 2w�i 11 %1l�I1►RM oil moll 101 r��o� ���i�t �i� i;ll�ll.�►���I � I�1 ii i ith ... 1 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc. setting date of bid opening as January 18, 2018 and date of public hearing as January 22, 2018, for the Phelps Youth Pavilion Playscape Project, and instruct City Clerk to publish said notice. City Council Meeting: 1/8/2018 Prepared: 1/4/2018 REVIEWERS: Department Reviewer Action Date Culture &Arts Felchle, Kelley Approved 1/4/2018 - 5:55 PM ATTACHMENTS: Description Type FY2018 Phelps Youth Pavilion Indoor Playscape Backup Material Project Resolution approving preliminar,specifications, bid documents, etc. setting SUBJECT: date of bid opening as January 18, 2018 and date of public hearing as January 22, 2018, for the Phelps Youth Pavilion Playscape Project, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Kent Shankle, Cultural&Arts Director Recommended Action: Approve the plans, specifications, etc. and sett date of bid opening as January 18, 2018 and date of public hearing as January 22, 2018.. The project creates an active play space, outfitted with an interactive indoor Summary Statement: playground structure, as an addition to the Phelps Youth Pavilion to be housed in the rotunda formerly occupied by the Gift Store wich was relocated to a more centrral location. Expenditure Required: $75,000 Source of Funds: Black Hawk Gaming Association, Community Foundation of Northeast Iowa, private contributions Policy Issue: The project supports the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain City facilities that support quality of place". Page 99 of 198 REQUEST FOR PROPOSAL FOR: FY2O18 Phelps Youth Pavilion Indoor Playscape Proiect City of Waterloo, Cultural & Arts Commission Waterloo, Iowa CONTACT PERSON: Angi Reid, Education Coordinator Culture &Arts (319) 291-4490 angi.reidoMaterloo-ia.org Page 100 of 198 NOTICE OF PUBLIC HEARING page I of I TABLE OF CONTENTS Notice to Bidders Instruction to Bidders General Conditions Bid Specifications Bid Form Bid Bond Non-collusion Affidavit of Prime Bidder Non-collusion Affidavit of Subcontractor Equal opportunity Clause Added Attachments: Section 3 Clause Packet Playground Location and Dimensions Photo/Drawing Page 101 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT NON-MANDATORY PRE-BID CONFERENCE 10:00 am, January 12, 2018 at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa 50701 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at the Clerk's office in City Hall, Waterloo, Iowa, on January 18, 2018 until 1:00 p.m., for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT. OPENING OF BIDS All proposals received for FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT will be opened in the First Floor Conference Room in City Hall, Waterloo, Iowa on Thursday, January 18, 2018 until 1:00 p.m., and the proposals will be referred to the Waterloo Cultural &Arts Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed Specifications and Form of Contract for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT at 5:30 p.m. on Monday, January 22, 2017. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide labor as specified and all materials necessary for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT in accordance with these plans and specifications. CONTRACT PERIOD The work shall be completed no later than April 1, 2018. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Cultural &Arts Commission. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond 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 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 Page 102 of 198 NOTICE OF PUBLIC HEARING page I of I required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s)whose bid, conforming to the Specifications, is most advantageous to the City and the Waterloo Cultural &Arts Commission; price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Cultural & Arts Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after notification of acceptance of the bid, in an amount equal to one hundred percent (100°/x) of the contract price. The Bond is 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 operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in City projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of the work completed and work approved by the Culture &Arts staff. Final payment will be made thirty one (31) days after completion of the work and acceptance by the Waterloo Culture &Arts staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of 12017. City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 103 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA Waterloo Culture &Arts Commission INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Culture & Arts Commission. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Page 104 of 198 NOTICE OF PUBLIC HEARING page I of I Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 1968) To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. VII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Culture &Arts, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Culture & Arts shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Culture & Arts all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy Culture & Arts that the Bidder is qualified to carry out properly the terms of the Contract. XIII. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Culture & Arts from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance Page 105 of 198 NOTICE OF PUBLIC HEARING page I of I by the City and Culture & Arts. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Culture &Arts for a refund. Page 106 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA Waterloo Culture & Arts GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City Of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Culture & Arts. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract Or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to Culture & Arts/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by Waterloo Culture &Arts/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Page 107 of 198 NOTICE OF PUBLIC HEARING page I of I Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Cultural & Arts Commission. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. Page 108 of 198 NOTICE OF PUBLIC HEARING page I of I d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. The City Of Waterloo is Tax Exempt. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 109 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO CULTURAL &ARTS COMMISSION FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT SPECIFICATIONS The Contractor shall perform all work required and furnish all labor, materials, equipment, tools, transportation and supplies necessary to complete the work at the Phelps Youth Pavilion, located at 225 Commercial Street, in accordance with International Building Code and any applicable code and local ordinances Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the decision of the City shall be final and conclusive. SCOPE OF WORK: Estimated cost should not exceed $75,000.00, which includes 1) a custom designed play area, delivery and installed by representative from manufacturer. This is to be put in an indoor space, and must fit within that space and reflect a maximum capacity of 90 people. The Waterloo Center for the Arts is open to new designs and styles of play systems. We encourage all vendors to submit up to 3 different designs. The play area shall require the following: The play system shall include but not be limited to: A custom configured, contained play structure that fits the height, width and length required to efficiently use the space and capacity needs of the Phelps Youth Pavilion Specifically the play system should: • One (1) 2-12 year old custom soft contained play structure to fit approximately a 25' x 39' footprint. See attached drawing/photo. • Attached, free standing or wall-mount shoe storage for thirty (30) pair of shoes. • All required signage pertaining to play area. • All required safety surface for each play area. • Delivery, installation by certified installer and written post installation inspection. • Presentation binder/folder and 3D renderings to submit to selection committee • Engineering submittals for all equipment, structures and surfacing • Open visible site lines throughout the structure • ave easy access entries and climbs for caregiver/support or maintenance staff • Have an ADA accessible route. Page 110 of 198 NOTICE OF PUBLIC HEARING page I of I In addition the PlayScape structure should encourage active play, gross motor skills, balance and cognitive development. Structures and surfacing to comply with current: 1) CPSC Guidelines 2) ASTM Requirements 3) ADA Guidelines 4) IPEMA Certified Existing Play Area Dimensions: Current play area dimensions are 35' wide x 39' long with a ceiling height measuring 23'. Area is divided by a pillar as seen in plans/photo. Clean-Up: Contractor responsible for all clean-up related to the safety surface installation. All refuse must be removed for jobsite. City of Waterloo is responsible for play system clean-up. Guarantee: The Contractor shall guarantee all material and equipment furnished (play system and safety surface) and installed by him (safety surface) for a period of one year after final acceptance by the Cultural & Arts Commission. Should any defects arise as the result of defective materials in the play system within the guarantee period, the Contractor shall supply replacement parts at no cost to the City. Should any defects arise as the result of defective materials or workmanship in the safety surface within the guarantee period, the Contractor shall replace and repair at no cost to the City. START DATE Work must commence within 45 days of signed contract or time determined by Contractor and Culture & Arts Commission. COMPLETION DATE All work shall be completed by April 1, 2018 ALL WORK TO MEET ALL CITY OF WATERLOO BUILDING CODES. The City of Waterloo reserves the right to reject any and/or all bids. The Contractor is responsible for obtaining permits and the performance of all work according to the City of Waterloo Codes. Permits will be at no charge. If you have any questions, please contact Angi Reid, Education Coordinator, at 291-4490. Page 111 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION BID FORM For FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT BIDDER: COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Culture & Arts, 225 Commercial Street, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: dollars ($ ) 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 acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of 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 insurance within ten (10) days after the agreement is presented 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 NOTICE TO BIDDERS. 4 Attached is a Non-Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Page 112 of 198 NOTICE OF PUBLIC HEARING page I of I Addendum No. Date: 8. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 9. The bidder has attached all applicable forms. 10. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. CONTACT PERSON: Please Print PHONE: SIGNED: DATE: Page 113 of 198 NOTICE OF PUBLIC HEARING page I of I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and As Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars ($ ) 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 Page 114 of 198 NOTICE OF PUBLIC HEARING page I of I 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 Subscribed and sworn to before me this Day of 20_. Signature Title My commission expires Page 115 of 198 NOTICE OF PUBLIC HEARING page I of 1 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 FY2017 HIGHLAND PARK PLAYGROUND 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 Subscribed and sworn to before me this Day of 120 . Signature Title My commission expires Page 116 of 198 NOTICE OF PUBLIC HEARING page I of I 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 117 of 198 NOTICE OF PUBLIC HEARING page I of I 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 118 of 198 NOTICE OF PUBLIC HEARING page I of I W - 1too u ' . _ 1ti �. • +I1'-5 3/16' �D Toilet e ;ED TOILET — 9'-0' 91 K - 'LANS A2.4 T7A ' . .4 cwaDek � 1 a , — 205 I I '1 oiler ALO m 9'-0' E WA E 204\ 207 DN House Keeping; Mc �I ® 203 SEALED CONC. � LZ SiRI1Gi. M.6 ' 203 FLOOR C.J. ;o J � S85 FE LobbN L A 206M.5 ' U 12 VARIES +1 '-10 3/$' 1 Al 4 4'-2' E4 __ � 1 16'-� 22 5" DISPLAY LEDGE i95 3=2f a Play- Scape �.1 OPE T BELOW A23 i ROOF BE Area OW 1 e R2 R4 R _ — T - - — - _ - V J f u Page 120 of 198 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO Council Communication 2016 Operating Report of the Waterloo Water Works City Council Meeting: 1/8/2018 Prepared: 12/21/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 12/21/2017 - 10:15 AM Clerk Office Higby, Nancy Approved 1/2/2018 - 10:54 AM ATTACHMENTS: Description Type D Operating Report-12-31-2016 Cover Memo SUBJECT: Receive and place on file the 2016 Operating Report of the Waterloo Water Works. Submitted by: Submitted By: Matt Mahler, General Manager Recommended Action: Receive and place on file the 2016 Operating Report of the Waterloo Water Works. Summary Statement: The Board of Trustees of the Waterloo Water Works approved the report at their regular Board Meeting on December 20, 2017. Expenditure Required: No City funds are required for this action. The Waterloo Water Works pays for the cost of the report. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 121 of 198 WATERLOO WATER WORKS 2016 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works 2016 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production, and customer service performance milestones throughout the year 2016. The Water Works added or replaced 10,591 feet of water main in 2016. The majority of the water main installation in 2016 was constructed as part of new developments or as part of the water main replacement program associated with the City of Waterloo's annual street reconstruction and overlay programs. Capital improvement projects continue to dominate the Water Works budget. The Customer Information System (CIS) billing solution went live on October 19, 2015, with continued development and refinement in 2016 and beyond. Other projects, including reconstruction of three major sections of US Highway 63 are under design or construction. Numerous other projects are underway to serve additional areas for development, to enhance system reliability, and to address the ever growing list of issues with aging infrastructure. Pumpage for 2016 was down only 0.06 percent compared to the previous year. Water sales revenue was up 6.3 percent, on a year to year basis. One employee retired in 2016 and one new employee joined the Water Works in 2016. In 2017, the Water Works plans to continue on an aggressive path to repair, replace, or upgrade critical system assets. Projects scheduled for major investments in 2017 include continuation of the annual Water Main Replacement programs; continuation of the US Highway 63 North, Middle, and South projects; design, bidding, and commencement of the Dysart Road, Progress Avenue, and Northeast Drive water main projects, final design and commencement of the Well No. 21 VFD and Standby Power; design of the University Avenue; design of the Pumping Station rehabilitation projects; commencement of Phase 1 of the AMR/AMI project; and further refinement of the CIS-GIS-CMMS-SCADA projects. Matt Mahler joined the Water Works staff in early 2017 as our new General Manager. Matt brings intelligence, energy, enthusiasm, professionalism, and a strong technical background to the table to lead the Water Works into a bright future. We are very fortunate to have Matt heading up the Waterloo Water Works. Page 1 Page 122 of 198 will be retiring from the Waterloo Water Works in 2017. It has been my singular honor to serve as the General Manager of the Waterloo Water Works. I am grateful for the leadership, support, and guidance of our current Board members Terry Kuntz, Mary Potter, Scott Wienands, and past Board members Craig Caslavka and Rodger Burris. Mayors Hart, Clark, and Hurley, City Council Members past and present, Department Heads, and City staff have all provided great support for our utility. By their dedication, professionalism, and responsibility, my fellow employees of the Water Works have safeguarded our drinking water, taken care of our utility, and enhanced public health for the betterment of all the residents of the City of Waterloo. Thank you to all. Respectfully submitted, Dennis D. Clark, P.E. General Manager Page 2 Page 123 of 198 TO THE BOARD OF WATER WORKS TRUSTEES Terry M. Kuntz, Chairman Mary H. Potter, Vice-Chair Scott Wienands, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2016. The following tables show selected revenue and expenditures for the year ending December 31, 2016 as compared with the year ending December 31, 2015. A full disclosure of the Waterloo Water Works financial information can be obtained from the annual audit report. The following figures reflect audited amounts. Revenue Dec. 31, 2015 Dec. 31. 2016 Metered Water-Net Rates $8,149,853 $8,661,083 Fire Protection 19,776 70,436 Capital Contributions 9,023 13,656 Billboard, Antenna & Farm Rent 151,791 171,242 Interest Earned 35,172 72,594 Other Revenue 377,100 672,257 Total Revenue $ 8,742,715 $ 9,661,268 Or)eratina Expenses Salaries and Benefits $3,264,574 $3,535,114 Contractual Services 863,479 850,692 Commodities 1,107,448 1,225,176 Interest Expense 3,952 0 Loss on Disposal of Capital Assets 0 12,330 Depreciation 661,769 766,730 Other Expenses 0 0 Total Expenditures $ 5,901,222 $ 6,390,042 Net Revenue $ 2,841,493 $ 3,271,226 Total Assets $35,914,554 $39,744,472 Total Liabilities 4,618,678 5,177,370 Total Net Assets $31,295,876 $34,567,102 Tax Money Received $ 0 $ 0 Bonded Indebtedness $ 0 $ 0 Page 3 Page 124 of 198 The following amounts were expended for Capital Improvements during the year ending December 31, 2016 as compared to the year ending December 31, 2015. Jan. 1, 2015 to Jan. 1, 2016 to Dec. 31. 2015 Dec. 31. 2016 Autos, Trucks and Distribution Vehicles & Equipment 0.00 120,656.54 Small Equipment for Distribution/Meter Dept. 10,026.30 846.56 Safety Equipment 2,323.12 4,280.00 Backflow Prevention Program 4,766.59 4,822.57 Misc. Water Main Extensions 0.00 65,628.60 Misc. Water Main Work as part of City Projects 30,870.15 2,062.50 Annual Water Main Replacement Programs 232,392.86 465,119.35 Pumping Station and Well House Improvements 60,951.00 55,588.12 SCADA, Radio and Sensor Improvements 1,250.00 12,446.90 Computer Equipment and Software 4,417.66 2,777.57 Office, Security, and Building Equipment 13,274.00 8,566.01 West Shaulis Road Water Main Replacement 0.00 22,236.00 Highway 63 North Water Main Replacement 0.00 344,265.66 Well No. 19 Electrical Improvements 22,297.40 0.00 Well No. 21 Electrical Improvements 5,872.50 8,732.50 Ansborough Avenue at Highway 20 Water Main Repair 86,690.20 27,452.64 CIS Implementation Project 1,191,743.40 377,685.42 Highway 63 Jefferson to Franklin Main Replacement 271480.00 186,016.00 University Avenue Main Replacement 0.00 1,956.52 GIS-Mapping-CMMS-Doc. Mgmt.-Modeling 4,653.38 23,301.50 Property Acquisition 7.542.90 0.00 $1,706,551.46 $1,734,440.96 The following data is used to compute the comparative cost per 1,000 gallons pumped. 2015 2016 Pumpage in Gallons 4,448,471,000 4,445,918,000 Operating Revenue $8,178,652 $8,745,175 Noon-C)naratinn Paxianiis 564,063 Al F_, not Total Revenue $8,742,715 $9,661,268 Salaries and Benefits $3,264,574 $3,535,114 Contractual Services 863,479 850,692 Commodities 1,107,448 1,225,176 Depreciation 661,769 766,730 Interest Expense 3,952 0 Loss on Disposal of Capital Assets 0 12,330 Other Expenses 0 0 Total Expenses $5,901,222 $6,390,042 Net Revenue $2,841,493 $3,271,226 Page 4 Page 125 of 198 The following tabulation shows the revenue per 1,000 gallons pumped for the year ending December 31, 2016 as compared with the year ending December 31, 2015. Dec. 31. 2015 Dec. 31, 2016 Operating Revenue 1.8385 1.9670 Non-Operating Revenue 0.1268 0.2061 Total Revenue 1.9653 2.1731 Salaries and Benefits 0.7339 0.7951 Contractual Services 0.1941 0.1913 Commodities 0.2490 0.2756 Depreciation 0.1488 0.1725 Interest Expense 0.0009 0.0000 Loss on Disposal of Capital Assets 0.0000 0.0028 Other Expenses 0.0000 0.0000 Total Expense 1.3266 1.4373 Net Revenue 0.6388 0.7358 Page 5 Page 126 of 198 Manager, Rick Wilberding This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2016, ductile iron (unless indicated) water main extensions were made as follows: Main Number LocationSize Feet Funding Source Easton Avenue 6" 330 Waterloo Water Works Total 6" Main 6" 330 Lismore Lane 8" 696 Paid by Developer Commons Circle 8" 170 Paid by Developer Provision Parkway 8" 1,312 Paid by Developer Galactic Drive 8" 356 Paid by Developer Keith Lane 8" 516 Paid by Developer Cohen Lane 8" 263 Paid by Developer Flammang Drive 8" 330 Paid by Developer Total 8" Main 8" 3,643 Overlook Drive 12" 270 Paid by Developer Galactic Drive 12" 47 Paid by Developer Fitzway Drive 12" 381 Paid by Developer Total 12" Main 12" 698 Assembly Way 16" 1,525 Paid by Developer Martin Luther King Jr. Drive 16" 2,500 Paid by_Developer Total 16" Main 16" 4,025 MAIN FOOTAGE PAID BY WWW 330 MAIN FOOTAGE PAID BY DEVELOPER 8,M6 TO TAL WA I E-R IVIA1N INS T A L L E D 8,696 MILES 1.65 Miles Water Main Replacement: During the year ending December 31, 2016, the following ductile iron water main replacement projects were completed as follows: Main Number LocationSize Feet Funding Source Easton Avenue 6" 693 Waterloo Water Works Cedar Bend Street 6" 1.202 Waterloo Water Works TOTAL WATER MAIN REPLACED 1,895 MILES 0.36 Miles Page 6 Page 127 of 198 Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile, cast iron, and PVC mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2016. Size Abandoned Constructed Net Gain Total Number of 2016 2016 2016 of Feet in Number Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage 4" 0 0 0 9,961 1.89 0.49 6" 0 339 339 953,926 180.67 47.36 8" 0 3,643 3,643 317,951 60.22 15.79 10" 0 0 0 40,763 7.72 2.02 12" 0 698 698 488,377 92.50 24.25 14" 0 0 0 4,611 0.87 0.23 16" 0 4,025 4,025 99,943 18.93 4.96 20" 0 0 0 97,765 18.52 4.85 24" 0 0 0 765 0.14 0.04 TOTAL 0 8,705 8,705 2,014,062 381.46 100.00 Net Gain in 2016: 1.65 Miles Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31, 2016. Size Total Number of of Feet in Number of Pipe System Miles Percentage 2" 4,573 0.87 7.49 3" 17,492 3.31 28.65 4" 8,270 1.56 13.55 6" 30,717 5.82 50.31 TOTAL 61,052 11.56 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. Sizes of Number of Pipe Feet 8" 580 10" 600 12" 1,348 16" 13,981 20" 10,378 24" 600 TOTAL 27,487 Page 7 Page 128 of 198 Valve Inventory: Size 3" 4" 6" 8" 10" 12" 16" 20" Gained 2016 Waterloo System 0 0 48 16 0 5 14 0 Total Valves in System 3 75 4,774 835 177 1,076 129 73 7,142 Valves in Flow & Well Lines as of December 31, 2016: 50 Hydrant Inventory: Hydrants in Service January 1, 2016 3,247 Additions Due to New Main Construction 18 New Installation Cut-In 0 Hydrants Eliminated 0 Net Gain 18 Hydrants in Service December 31, 2016 3,265 Hydrant Maintenance: Hydrants Repaired in Place 2 Hydrants Replaced 46 Hydrants Inspected and/or Flushed 1,993 2015 2016 Broken Hydrants (typically hit by vehicles) 11 5 Frozen Hydrants 2 2 Frozen Mains 0 0 Ludlow Common Hydrants in System 106 89 Main Leaks Repaired (joint leak, pin hole) 6 6 Broken Mains (sheared, cracked, longitudinal) 37 25 Private Service Lines Leaks 128 121 The Distribution Department operated and serviced hydrants and valves where required. 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December 25 December 25 Lowest Day Pumpage. ............ 7,843,000 7,561,000 Highest Day .......................... July 13 August 10 Highest Day Pumpage ............ 16,676,000 16,711,000 The record of pumpage for the year ending December 31, 2015, as compared with the year ending December 31, 2016, is as follows: 2015 2016 January 356,114,000 346,835,000 February *321,650,000 *332,149,000 March 350,209,000 350,528,000 April 337,214,000 348,547,000 May 367,186,000 383,715,000 June 398,015,000 406,847,000 July **427,226,000 395,278,000 August 420,454,000 **420,760,000 September 403,132,000 389,002,000 October 374,824,000 382,586,000 November 341,556,000 341,958,000 December 350,891,000 347,713,000 TOTAL GALLONS 4,448,471 ,000 4,445,918,000 * Indicates lowest month's pumpage. Indicates highest month's pumpage. Consumption Gallons Percent Registered on Customers' Meters 3,350,142,653 75.35% City Meters - Free Rate 132,752,300 2.99% Water loss from Reservoir (calculated) 52,058,000 1.17% Other Metered Sales 8,116,868 0.18% Unaccounted for Water Including the Following: 20.31% (Flushing water mains to prevent system freeze up, new main construction, routine flushing water mains, hydrant flushing and inspection, fire protection, street sweeping, pre-metered construction, sewer flushing, main leaks and service line leaks.) 100.00% A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir loss is as follows: 2011 2012 2013 2014 2015 2016 83.34% 85.11% 81 .47% 75.07% 82.89% 79.69% Page 11 Page 132 of 198 2016 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2016. I. Analyte The following results are based on representative samples from the distribution system. Maximum 2014 2015 2016 Allowable Chemical Test Test Test Limit Total Trihalomethane (ppb) 7.92 15.0 11.6 80 Total Haloacetic Acids (ppb) 4.83 5.48 4.23 60 Fluoride (ppm) 0.70 0.71 0.70 4 Sodium (ppm) 13.2 16.1 16.1 NR Chlorine (ppm) 1.04 1.03 1.00 4 II. Nitrates - MCL for nitrate is 10 mg/L Maximum Allowable 2015 2016 Well No. Limit i iVei ciC,�c t�.ipi i i. r-iVCi aC (jJj3i i 11 Well Field 7-13 10 5.16 5.22 14 10 7.74 7.40 15/17 10 1.65 0.52 16 10 5.41 7.68 18 10 5.08 3.78 19 10 3.20 2.21 20 10 6.36 6.81 21 10 2.60 1.60 22 10 8.37 9.00 Page 12 Page 133 of 198 WATERLOO WATER WORKS WATER ANALYSIS 2016 Maximum Waterloo Maximum Waterloo Contaminant Water Contaminant Water Level Analysis Level Anajysis INORGANIC CHEMISTRY Values below this point in mg/L or parts per million ph Value 6.5-8.5 7.5 VOLATILE ORGANIC Spec. Conductance - 540 Halo Acetic Acids 0.060 0.004 Total Alkalinity mg/L - 239 mg/L Trihalomethanes (THM) 0.080 0.012 Total Hardness mg/L - 300 mg/L 1,1-Dichloroethylene 0.007 ND grains per gallon 17.54 gpg Silica mg/L 14 mg/L 1,2-Dichloroethane 0.005 ND Total Dissolved Solids mg/L 373 mg/L 1,2-Dichloropropane 0.005 ND 1,2,4-Trich lorobenzene 0.070 ND Values below this point in mg/L or parts per million 1,1,1-Trichloroethane 0.200 0.0011 1,1,2-Trichloroethane 0.005 ND Magnesium 26 Benzene 0.005 ND Sodium - 16.1 Carbon tetrachloride 0.005 ND Chloride 250.000 16 cis-1,2-Dichlroethylene 0.070 0.001 Sulfate 250.000 140 Dichloromethane 0.005 ND Ammonia (as N) .07 Ethylbenzene 0.700 ND Total Organic Carbon 0.7 Monochlorobenzene 0.100 ND Iron 0.300 0.09 1,2-Dichlorobenzene 0.600 ND Manganese 0.01 1,4-Dichlorobenzene 0.075 ND Antimony 0.006 ND Styrene 0.100 ND Arsenic 0.010 0.001 Tretrachloroethylene 0.005 0.002 Beryllium 0.004 ND Tolulene 1.000 ND Barium 2.000 0.13 trans 1,2-Dichloroethylene 0.100 ND Cadmium 0.005 ND Trichloroethylene 0.005 0.002 Chromium 0.100 ND Vinyl Chloride 0.002 ND Copper 1.300 0.155 Xylenes (Total) 10.00 ND Fluoride 4.000 0.7 Lead 0.015 0.0046 SYNTHETIC ORGANICS Mercury 0.002 ND Nickel 0.100 ND 2.4-D 0.070 ND Nitrate (as Nitrogen) 10.000 5.23 2,4,5-TP (Silvex) 0.050 ND Nitrite (as Nitrogen) 1.000 0.09 Alachlor(Lasso) 0.002 ND Selenium 0.050 0.0027 Aldicarb 0.003 ND Silver 0.005 ND Aldicarb Sulfone 0.003 ND Thallium 0.002 ND Aldicarb Sulfoxide 0.004 ND Atrazine 0.003 ND RADIONUCLIDES Carbofuran 0.040 ND Chlorodane 0.002 ND Gross Alpha Emmitters Dalapon 0.200 ND Radium 226 15 pCi/L 1.44 pCi/L Dinoseb 0.007 ND Radium 228 5 pCi/L .517 pCi/L Diquat 0.020 ND Combined Radiums 5 pCi/L .880 pCi/L Endrin 0.002 ND 5 pCi/L 1.0 pCi/L Endothall 0.100 ND Lindane 0.0002 ND ND- Not Detected Methoxychlor 0.040 ND Oxamyl (Vydate) 0.200 ND Page 13 Page 134 of 198 Service Outside City Limits: The 2016 water consumption and revenue from the cities served are as follows: Number of 2016 Consumption 2016 CSC Population Accounts Gallons Amount Billed Hudson 2,282 56,059,017 $107,054.53 Elk Run Heights 1,117 19,082,806 $ 45,503.98 Kimball South Rural 250 (Est.) 103 9,472,582 $ 28,882.83 Raymond 788 326 17,556,505 $ 51,631.66 Washburn/B.H. County 1,155 (Est.) 464 18,937,683 $ 78,549.05 The Waterloo Water Works provides full service to Raymond, to the Kimball Avenue Rural System, and to the Black Hawk County Rural Water System, including reading meters, billing, collection, and repair and maintenance of the water system. Hudson and Elk Run Heights use Waterloo as their source of supply and operate their own respective systems. Water Production Operational Report 2016 The pumping station operators collect and test over 80 bacteriological (coliform) samples per month at the pumping station and throughout the distribution system. Additionally, more than 30 samples are collected and tested from the wells, water towers and individual residences, and special projects on a monthly basis. Over 1,200 coliform samples were analyzed in 2016. 7AI-4—.- .. .. 5....� t...-t..... .......1 total ..S-.7.. .. SL... ... ..s..a:..... .......1 ..s . /�VVgLGI VtlGI aLVl.7 LG.7l IVCI IIGG gllU lV/l�gl 1i111VII11C qL LI IG PUI I11J1111U" OLQLIUII gllU qL Var1VUJ locations 1n tl ie %AI JLr lbuil�vn JY %.w..m daily. i`� Viiior ine re lidual of at least 0.3 mg/i must be m�intylr�crJ) in the gygt�m t� r�r�yirle rpntini_ini_ic ���;nfcrtinn r;f 41�c rlrinlfir+g water to the consumer's tap. In addition, all source entry points have a real-time chlorine analyzer that are InonitoreU by UUr operators to make sure U-1-at aCCePlalble chiuririe teed tate-5 are m alntalneV at a!! times. Fluoride is checked daily by samples from wells that are in operation. More than 240 fluoride samples per month are collected. Backup fluoride samples are also taken at designated sites surrounding the well houses. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Three water samples with unknown fluoride content are provided by the state each year and tested by Water Works personnel to check testing accuracy. In 2016, Quality Control/Quality Assurance results were well within ±1% accuracy. Also, over 180 pH samples are taken per month. The total number of coliform, chlorine, fluoride, pH and other water quality analysis conducted by Water Works personnel amounts to over 12,000 per year. Page 14 Page 135 of 198 Maintenance and Repair Water Works buildings and facilities are inspected and maintained daily. Electrical systems, SCADA controls, roofs, pumps, standby diesel engines, water lines and fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park like atmosphere. Mowing of grounds is contracted for 2014-2016. Major maintenance and repairs for 2016 are as follows: All Well Houses and Pumping Station -Installed New Hach C117 Chlorine Analyzers Tied Real-time into SCADA System Pumping Station -Installed New Sidewalk and Tunnel Access Hatch Doors Booster Station (Well Field) -Installed New Furnace Wells #7 -Installed New Steel Entry Doors Well #11 -Installed New Steel Entry Doors -Installed New Furnace Well #12 -Installed New Steel Entry Doors Well #13 -Installed New Steel Entry Doors Well #14 -Installed New Steel Entry Doors (Pump Room) Well #19 -Installed New Concrete Driveway Well #22 -Installed New EPDM Rubber Roof Page 15 Page 136 of 198 (1' Dm _n Cl) -n SCD � v �' OJG) CnO (D, O -o O c -, CD � — � . - CD •< v 0 �,, �n O c _, Q CD o W co v CD C) c c M 0 � c Z _3 =03 'Mcn —=rCO) uca@ cn MD_ CLo mc �v � � _ � cnvCD ill 5' _0 v sv — cn 0 x cD i?o CD 2 c0E v -v � � � cnCDZ � DD -�, 0. cc 0 M N f0D CD C O �_ C7 c'D n -* Z cn w C) oCD � cQ � � 1 3 M �_ ° r CD cn O (D O CD 2 Cn CD 3 < CD cn d co CD N N W (3) CO 0) 4�k. Cn W W O) CD C0 +� O0mw0 ii CO ivN C.r-IC0NO - u Z -� NOO) OOW -IWOWU7J vOWOCD SU N c' W 4�6 0) U1 CP 4�1 4�1 00 0n 0) 4 W 00 O C) z v CD W 0oWC0 � -� � O) Cncn � Ocn � CO J, r_n r�,� rz) n.', w - 0) '.^� v w Ci w :T �I4s, J� �1fV000nWON � � Cn --4 iv, Cr c (D :0 11 mCD . CD CD b9 Q CD r.�. cD Ort CJ1 O N W W N CD d -40) NNU1 cnOUl O N0000 W n Nj - Cn0 �1N � -4 A OONN � W 12- 6 t �1 Al rel Al tW M IT �� T rte) r� rn rv� !T, -� CL ".i' 0; :C; A U 1 d O c co C3i cn w �� C3' CD .1 � OOC� WOCnN �1O) NNO) N :D, Cn CD r+ 3 „ CD � S o N N NWS ? 000 -NWI`J0) i -I O) 0 O �1 �1N4h. -NGocO4 a�j' N O O CAw � -A -4 NW -l0 � U1 O) O �ION O O -2 N - Ul (O - -0, 4M 000 CD CD — 0 - 0) � O 0 N -NWWsAC11CbN00co dlO7W0 � :3 0') CD � 00OOCO00NCC (D �J0) - -N Cn C O co w r1i m cn wC) C.D -NW 0 c W4U10) Cn O. N cn 3 CD CD CD N CD C2 (j) vi (;1 00 � O ? � Cn -lO) M � N 0 3 NNCOWOONNA6NWOO) -mOU7WO O C) -1W00000o0000W0) U1NWUl0 tU — Cn 0) -4 W O) — W O0 00 Cn CD Cn O O) W W 0 -13 — W 0) 0) O — wN4h. 00 Oo — CD0C0 O) O — ddOOcn — Ocncn 00CJOQ � Cn Page 16 Page 137 of 198 OFFICE Manager, Mary Ratkovich Billing: Accounts Bills Mailed Amount Billed Residential 22,916 103,441 $3,811,171.20 Commercial 2,523 19,048 $4,657,638.69 Industrial - John Deere 23 276 $ 365,118.00 Finals 5,459 5,459 Raymond 326 3,914 $51,631.66 Washburn 393 1,572 $61,675.90 Washburn Rural 71 287 $14,957.80 Kimball Project 103 413 $28,882.83 $ 157,148.19 Accounts and Bilis Mailed Totals 31,814 134,410 Total Billed Water Sales (unaudited) $8,991,076.08 Water Sales Other (By Invoice) $30,988.59 Fire Protection, Annual $94,524.29 2,981 Electronic Banking Customers Loss Due to Uncollectible Accounts: 2014 Sent to Credit Bureau $36,831.17 (Water Sales - $32,511.13, Other-$4,320.04) Received -2.648.77 (Water Sales - $ 2,443.46, Other-$ 205.31) $34,182.40 2015 Sent to Credit Bureau $ 4,571.39 (Credit Bureau not used after September 2015) Received -3,983.95 $ 587.44 2016 Sent to Credit Bureau $ 0,00 (Credit Bureau not used after September 2015) Received 0.00 $ 0.00 Personnel: 12/31/14 12/31/15 12/31/16 Admin & Office (Full-time) 12 12 13 Distribution & Meter Division 17 17 17 Pumping Station 6 6 6 35 35 36 Plus temporary summer hydrant painting employees. Waterloo Water Works also bills and manages sewer, garbage, yard waste and storm water billing for the City of Waterloo. Page 17 Page 138 of 198 CITY OF WATERLOO Council Communication Purchase of one (1)base model, midsized, all wheel drive, SUV for the Motor Pool. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 1/3/2018 - 11:25 AM ATTACHMENTS: Description Type D Bid Tab Backup Material Motion to receive and file proof of publication and 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 specifications, bid document, form of SUBJECT: contract. etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of bid to Bill Colwell Ford of Hudson. Iowa. in the amount of$28,097. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval The SUV will be a replacement for a motor pool vehicle that is being taken Summary Statement: out of service for out of town travel. Expenditure Required: Estimate $26,000.00 Source of Funds: GO Bond Funding 416-18-7950-2117 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource Policy Issue: saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Background Information: A rotation of Motor Pool vehicles are replaced according to mileage and warranty for out of town travel by all departments. Page 140 of 198 PURCHASE (1) 2018 BASE MODEL MIDSIZED AWD SUV Bid Tab: January 4, 2018 Estimate: $ Bidder Bid Amount Bill Colwell Ford Ford Escape $21,411.00 Waterloo, IA Ford Edge $28,097 Community Motors Co., Inc Chevy Traverse $31,413.50 Cedar Falls, IA Witham Auto Center Volkswagen Tiguan $$20,998 Waterloo, IA Page 141 of 198 CITY OF WATERLOO Council Communication Phelps Youth Pavilion Playscape Project. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Culture&Arts Even, LeAnn Approved 1/3/2018 - 3:37 PM ATTACHMENTS: Description Type D Bid Specifications Phelps Youth Pavilion Playscape Cover Memo SUBJECT: Hearing cancelled. Submitted by: Submitted By: Kent Shankle. Cultural and Arts Director This project creates an active play space, outfitted with an interactive indoor Summary Statement: play structure, as an addition to the Phelps Youth Pavilion to be housed in the rotunda formerly occupied by the Gift Store which was relocated to a more central location. Expenditure Required: $75,000 Source of Funds: Black Hawk Gaming Association, Community Foundation of Northeast Iowa, private contributions Policy Issue: This project supports the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain city facilities that support quality of place" Page 142 of 198 REQUEST FOR PROPOSAL FOR: FY2O18 Phelps Youth Pavilion Indoor Playscape Proiect City of Waterloo, Cultural & Arts Commission Waterloo, Iowa CONTACT PERSON: Angi Reid, Education Coordinator Culture &Arts (319) 291-4490 angi.reidoMaterloo-ia.org Page 143 of 198 NOTICE OF PUBLIC HEARING page I of I TABLE OF CONTENTS Notice to Bidders Instruction to Bidders General Conditions Bid Specifications Bid Form Bid Bond Non-collusion Affidavit of Prime Bidder Non-collusion Affidavit of Subcontractor Equal opportunity Clause Added Attachments: Section 3 Clause Packet Playground Location and Dimensions Photo/Drawing Page 144 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT NON-MANDATORY PRE-BID CONFERENCE 10:00 am, December 29 at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa 50701 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at the Clerk's office in City Hall, Waterloo, Iowa, on January 4, 2018 until 1:00 p.m., for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT. OPENING OF BIDS All proposals received for FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT will be opened in the First Floor Conference Room in City Hall, Waterloo, Iowa on Thursday, January 4, 2018 until 1:00 p.m., and the proposals will be referred to the Waterloo Cultural &Arts Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed Specifications and Form of Contract for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT at 5:30 p.m. on Monday, January 8, 2017. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide labor as specified and all materials necessary for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT in accordance with these plans and specifications. CONTRACT PERIOD The work shall be completed no later than April 1, 2018. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Cultural &Arts Commission. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond 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 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 Page 145 of 198 NOTICE OF PUBLIC HEARING page I of I required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s)whose bid, conforming to the Specifications, is most advantageous to the City and the Waterloo Cultural &Arts Commission; price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Cultural & Arts Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after notification of acceptance of the bid, in an amount equal to one hundred percent (100°/x) of the contract price. The Bond is 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 operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in City projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of the work completed and work approved by the Culture &Arts staff. Final payment will be made thirty one (31) days after completion of the work and acceptance by the Waterloo Culture &Arts staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of 12017. City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 146 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA Waterloo Culture &Arts Commission INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Culture & Arts Commission. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Page 147 of 198 NOTICE OF PUBLIC HEARING page I of I Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 1968) To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. VII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Culture &Arts, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Culture & Arts shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Culture & Arts all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy Culture & Arts that the Bidder is qualified to carry out properly the terms of the Contract. XIII. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Culture & Arts from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance Page 148 of 198 NOTICE OF PUBLIC HEARING page I of I by the City and Culture & Arts. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Culture &Arts for a refund. Page 149 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA Waterloo Culture & Arts GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City Of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Culture & Arts. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract Or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to Culture & Arts/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by Waterloo Culture &Arts/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Page 150 of 198 NOTICE OF PUBLIC HEARING page I of I Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Cultural & Arts Commission. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. Page 151 of 198 NOTICE OF PUBLIC HEARING page I of I d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. The City Of Waterloo is Tax Exempt. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 152 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO CULTURAL &ARTS COMMISSION FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT SPECIFICATIONS The Contractor shall perform all work required and furnish all labor, materials, equipment, tools, transportation and supplies necessary to complete the work at the Phelps Youth Pavilion, located at 225 Commercial Street, in accordance with International Building Code and any applicable code and local ordinances Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the decision of the City shall be final and conclusive. SCOPE OF WORK: Estimated cost should not exceed $75,000.00, which includes 1) a custom designed play area, delivery and installed by representative from manufacturer. This is to be put in an indoor space, and must fit within that space and reflect a maximum capacity of 90 people. The Waterloo Center for the Arts is open to new designs and styles of play systems. We encourage all vendors to submit up to 3 different designs. The play area shall require the following: The play system shall include but not be limited to: A custom configured, contained play structure that fits the height, width and length required to efficiently use the space and capacity needs of the Phelps Youth Pavilion Specifically the play system should: • One (1) 2-12 year old custom soft contained play structure to fit approximately a 35' x 39' footprint. See attached drawing/photo. • Attached, free standing or wall-mount shoe storage for thirty (30) pair of shoes. • All required signage pertaining to play area. • All required safety surface for each play area. • Delivery, installation by certified installer and written post installation inspection. • Presentation binder/folder and 3D renderings to submit to selection committee • Engineering submittals for all equipment, structures and surfacing • Open visible site lines throughout the structure • Have easy access entries and climbs for caregiver/support or maintenance staff • Have an ADA accessible route. Page 153 of 198 NOTICE OF PUBLIC HEARING page I of I In addition the PlayScape structure should encourage active play, gross motor skills, balance and cognitive development. Structures and surfacing to comply with current: 1) CPSC Guidelines 2) ASTM Requirements 3) ADA Guidelines 4) IPEMA Certified Existing Play Area Dimensions: Current play area dimensions are 35' wide x 39' long with a ceiling height measuring 23'. Area is divided by a pillar as seen in plans/photo. Clean-Up: Contractor responsible for all clean-up related to the safety surface installation. All refuse must be removed for jobsite. City of Waterloo is responsible for play system clean-up. Guarantee: The Contractor shall guarantee all material and equipment furnished and installed by him for a period of one year after final acceptance by the Cultural & Arts Commission. Should any defects arise as the result of defective materials or workmanship in the play system or safety surface within the guarantee period, the Contractor shall replace and repair at no cost to the City. START DATE Work must commence within 45 days of signed contract or time determined by Contractor and Culture & Arts Commission. COMPLETION DATE All work shall be completed by April 1, 2018 ALL WORK TO MEET ALL CITY OF WATERLOO BUILDING CODES. The City of Waterloo reserves the right to reject any and/or all bids. The Contractor is responsible for obtaining permits and the performance of all work according to the City of Waterloo Codes. Permits will be at no charge. If you have any questions, please contact Angi Reid, Education Coordinator, at 291-4490. Page 154 of 198 NOTICE OF PUBLIC HEARING page I of I CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION BID FORM For FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT BIDDER: COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Culture & Arts, 225 Commercial Street, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: dollars ($ ) 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 acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of 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 insurance within ten (10) days after the agreement is presented 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 NOTICE TO BIDDERS. 4 Attached is a Non-Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Page 155 of 198 NOTICE OF PUBLIC HEARING page I of I Addendum No. Date: 8. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 9. The bidder has attached all applicable forms. 10. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. CONTACT PERSON: Please Print PHONE: SIGNED: DATE: Page 156 of 198 NOTICE OF PUBLIC HEARING page I of I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and As Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars ($ ) 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 Page 157 of 198 NOTICE OF PUBLIC HEARING page I of I 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 Subscribed and sworn to before me this Day of 20_. Signature Title My commission expires Page 158 of 198 NOTICE OF PUBLIC HEARING page I of 1 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 FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE 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 Subscribed and sworn to before me this Day of 120 . Signature Title My commission expires Page 159 of 198 NOTICE OF PUBLIC HEARING page I of I 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 160 of 198 NOTICE OF PUBLIC HEARING page I of I 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 161 of 198 NOTICE OF PUBLIC HEARING page I of I W - 1too u ' . _ 1ti �. • +I1'-5 3/16' �D Toilet e ;ED TOILET — 9'-0' 91 K - 'LANS A2.4 T7A ' . .4 cwaDek � 1 a , — 205 I I '1 oiler ALO m 9'-0' E WA E 204\ 207 DN House Keeping; Mc �I ® 203 SEALED CONC. � LZ SiRI1Gi. M.6 ' 203 FLOOR C.J. ;o J � S85 FE LobbN L A 206M.5 ' U 12 VARIES +1 '-10 3/$' 1 Al 4 4'-2' E4 __ � 1 16'-� 22 5" DISPLAY LEDGE i95 3=2f a Play- Scape �.1 OPE T BELOW A23 i ROOF BE Area OW 1 e R2 R4 R _ — T - - — - _ - V J f u Page 163 of 198 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO Council Communication Resolution approving Acceptance of Improvements of the Summerland Condos North First Addition, performed by Dave Schmitt Construction Company of Cedar Rapids, Iowa, and receive and file two-year maintenance bond. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/3/2018 - 10:59 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 11:15 AM ATTACHMENTS: Description Type a Summerland Condos North First Addition—Sanitary Cover Memo Sewer acceptance Resolution approving Acceptance of Improvements of the Summerland SUBJECT: Condos North First Addition, performed by Dave Schmitt Construction Company of Cedar Rapids, Iowa, and receive and file two-year maintenance bond. Submitted by: Submitted By: Dennis J. Gentz, PE,Assistant City Engineer The improvement required as a condition precedent to the approval Summary Statement: of Summerland Condos North First Addition, Waterloo, Iowa, namely sanitary sewer, has been completed in substantial conformance with the construction plans, standards, and requirements of this office. Page 164 of 198 Engineer's Statement of Completion Project: Summerland Condos North and South Sanitary Sewer Improvements Waterloo, Iowa Contractor: Dave Schmitt Construction Company 250 50th Ave SW Cedar Rapids, IA 52404 To City of Waterloo, Iowa: I hereby state that the Summerland Condos North and South Sanitary Sewer Improvements project for the Summerland Condos North and South has been substantially completed in general compliance with the terms, conditions, and stipulations of said Contract. CLAPSADDLE-GARBER ASSOCIATES, INC. Adam C. Daters, P.E. Iowa License No. 19579 Date: June 30, 2017 Accepted by: Resolution: Date: Signed: Attest: CGA PN 5587 Page 165 of 198 13oud No. SY92645 KNOW ALL MEN BY THESE PRESENTS,That we, DS Rentals,LLC as Principal,and IMT Insurance Company,a Corporation organized under the laws of the State of Iowa,with principal offices at West Des Moines,Iowa,as Surety,are held and firmly bound unto City of Waterloo (hereinafter called the Obligee),in the penal sum of Fifty-nine Thousand Five Hundred Nineteen and 99/100 ($.59,519.99 ) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, The said Principal has heretofore entered into a contract with the obligee above named for Summerland Condos North First Addition-Sanitary Sewer Gravity Mains,Manholes,and Service Wyes WHEREAS,said contract provides that the Principal shall furnish a bond which shall remain in force for a period of Two(2) year(s)from the date of completion of the Project as established by the Engineer or Architect and which shall be conditioned to guarantee against all defects in workmanship and materials which shall become apparent during said period. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if the Principal shall indemnify the Obligee for all loss that the obligee may sustain by reason of any defective materials or workmanship which shall become apparent during the period of Two(2) year(s) from the date of completion of the Project as established by the Engineer or Architect,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED,HOWEVER,that in the event of any default on the part of the said Principal,written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by certified mail at its home office, 4445 Corporate Drive,West Des Moines,Iowa 50266,promptly and in any event within thirty(30)days after the obligee or his representative shall learn of such default. Signed,sealed and dated this 31st day of May 12017 DS Rentals,LLC Principal By IMT Insurance C any By J , a h Bednarz,Attnrn Joey4n-Fact SY 03 08(01/07) Page 166 of 198 L7 rJ�rJrr�rJ�rPrJ�rJSPrJ�crrJ�u"�I�rJ�cPrPrJ�rSrJ�rJ�r t�rJ��nrJaPrSrnrJ�rJ��nr rr?Pr fnrr2l?rr3rr?nQ�rPrr rrJ�rJ�r���nr�r�r�J�rJ�r�rJ�r�rJ�ePr��rPrsr_rr�rJ�i PcPcP�P�PePrJ�rJ�rJrJ�r�rJ�rJiJ20P1?r�J o ! 5 5 j 5 ' 5 sIMT ��, �� � ►<< ► s 5el 5 5 POWER OF ATTORNEY No. 92645 5 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. S SKnow All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having 5 5 its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents S make,constitute and appoint 5 SJohn Bednarz and Seth Cary 5 Sof West Des Moines and State of Iowa its true and lawful Attorney-in-Fact, with full power and S 5 authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- 5 5 takings, recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the 5 5 amount of: 5 5 *********** *********** 5 Unlimited Amount 5 5 and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized 5 5 officers of IMT Insurance Company,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and 5 5 confirmed. 5 5 This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of 5 5 Directors of IMT Insurance Company on December 18, 1998. 5 5 ARTICLE VIiI,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and 5 Sto authorize them.to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- 5 5 tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. 5 ARTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seat may be affixed by facsimile to any Power S Cj of Attorney authorizing the execution and delivery of any of the instruments described in Article Vlll,Section 4 of the By-Laws. Such 5 Sfacsimile signature and seal shall have the same force and effect as though manually affixed. S 5 In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to 5 5 be hereto affixed,this 23rd day of May 2017 j 5 IMT Insurance Company 5 5 Scan Kemied ,President 5 WARNING: THIS 13'MV[,'R IN IINVA L M WITII RFD BtD13Uh;R ANDRFID t,000. C5 STATE OF IOWA ss: S 5 COUNTY OF POLK } 5 5 On this 23rd day of May 2017 h ( >re me appeared Sean Kennedy,to me personally known, 5 5 who being by me duly sworn did say that he is President of the IMT Insurance: Cowp,iny,the corporation described in the foregoing instrument, 5 5 and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in 5 5 behalf of said Corporation by authority of its Board of Directors. 5 In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year 5 5 first above written. 5 5 f, C;0MM1181,10N No 10109 JU'1 P1V C011101151SION f1fC 1rli; Notary Public,Polk unty,Iowa 5 SCERTIFICATE 5 SI,Dalene Holland,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of 5 rj the POWER-OF-ATTORNEY,executed by said the IMT Insurance Company,which is still in.force and effect. rj 5 In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 31st day of 5 5 May 2017 5 5 5 5 Dalene Holland,Secretary C� 5 SY 06 06(01/07) 5 5 CI rJ�rJ�r�r�r�rJ�rJ�rJ�r�tPrJ�r�ePr..nrJ��nen�n�nen�n�n�n�nrJ�e..rr�rJ��n�nr�rJ�rJ��PrJ�rJ�rJ�r�rJ�rJ�rJuel�cPrJ�rJ�rJ�rJ�rJ�rJurSrJ�rJ�rJ�rJ�r�r�r�rJ�rJ�rJ�r�r�rJ�rJ��PrJ�rJ�rJ�rJ�rJ�r��rrJ CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of$510.84 for the FY 2016 Sidewalk Repair Program- Zone 6 and Trail Repairs, Contract No. 902, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/3/2018 - 11:02 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 11:07 AM ATTACHMENTS: Description Type D Cont 902 Final Quantity Summary Cover Memo Motion approving Final Quantity Suminary for a net increase of$510.84 for SUBJECT: the FY 2016 Sidewalk Repair Program- Zone 6 and Trail Repairs, Contract No. 902, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Source of Funds: G.O. Bonds Page 168 of 198 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2016 SIDEWALK REPAIR PROGRAM — ZONE 6 AND TRAIL REPAIRS CONTRACT NO. 902 Date Prepared: Deoember 14,2017 AMOUNT:_ $510.84 INCREASE TO: B & B BUILDERS & SUPPLY , 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 May 3, 2016. A. Description of change to be made or extra work to be done.- Adjust one:Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for some bid items C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL INCREASE $510.84 BY: B & B BUILDERS & SUPPLY Mayor Date CONTRACTOR BY: & V V7 Dat ATTEST: TITLE: C7u,r� City Clerk Date APPROVED: City Engineer Date Final Quantity Adjustment Cont. #902 115%0139fa 198 FY 2016 Sidewalk Repair Program-Zone 6 and Trail Repairs FINAL Contract No.902 Period: Bid Bid Item Description Units Original Bid Final Quantity B&B Unit B&B Unit Price Increase/ Item Quantity Quantity Difference Price Extended Decrease DIVISION I-ALLEYWAYS 1 Remove Sidewalk,6" SF 1,736.1 1,730,6 -5,5 $ 1.65 $ 2,855.49 $ (9.08) 2 PCC Sidewalk,6" SF 1,736.1 1,730.6 -5.5 $ 4.30 $ 7,441.58 $ (23.65) 3 Patch EACH 2.0 1.0 -1.0 $ 75.00 $ 75.00 $ (75.00) 4 3/4"Roadstone TON 50.0 - -50.0 $ 33.50 $ - $ (1,675.00) 5 Traffic Control LS 1.0 1.0 0.0 $ 1,200.00 $ 1,200.00 $ DIVISION I ITEMS TOTAL $ 11,572.07 $ (1,782.73) DIVISION II-CITY PROPERTIES 1 Remove Sidewalk,4" SF 1,721.4 2,564.0 842.6 $ 1.50 $ 3,846.00 $ 1,263.90 2 Remove Sidewalk,6" SF 167.2 406.6 239.4 $ 1.65 $ 670.89 $ 395.01 3 PCC Sidewalk,4" SF 1,721.4 2,536.0 814.6 $ 4.00 $ 10,144.00 $ 3,258.40 4 PCC Sidewalk,6" SF 167.2 434.6 267.4 $ 5.00 $ 2,173.00 $ 1,337.00 5 Traffic Control LS 1.0 1.0 0.0 $ 650.00 $ 650.00 $ Hydroseeding SY 15.8 15.8 $ 3.25 $ 51.35 $ 51.35 DIVISION II ITEMS TOTAL $ 17,535.24 $ 6,305.66 1001 Saw Cut LF 90 90.0 90,0 $ 5.00 $ 450.00 $ 450.00 1002 Remove&Replace 8.5",PCC,M4-2 SF 927 927.0 927.0 $ 8.75 $ 8,111.25 $ 8,111.25 1003 Traffic Control on Ansborough Ave. LS 1 1.0 1.0 $ 950.00 $ 950.00 $ 950.00 DIVISION If CHANGE ORDER ITEMS TOTAL $ 9,511.25 $ 9,611.25 DIVISION III-SIDEWALK RAMPS 1 Remove Sidewalk,4" SF 10,227.2 10,019.5 -207.7 $ 1.50 $ 15,029.25 $ (311.55) 2 Remove Sidewalk,6" SF 8,424.4 8,366.3 -58.1 $ 1.65 $ 13,804.40 $ (95.87) 3 PCC Sidewalk,4" SF 7,322.3 7,521.9 199.6 $ 4.00 $ 30,087.60 $ 798.40 4 PCC Sidewalk,6" SF 10,465.5 10,433.9 -31.6 $ 4.75 $ 49,561.03 $ (150.10) 5 New PCC Sidewalk,4" SF 66.6 427.6 361.0 $ 5.00 $ 2,138.00 $ 1,805.00 6 New PCC Sidewalk,6" SF 1,392.3 1,483.5 91.2 $ 4.35 $ 6,453.23 $ 396.72 7 Detectable Warning Surface SF 1,660.0 1,656.0 -4.0 $ 35.00 $ 57,960.00 $ (140.00) 8 Remove&Replace 24"PCC Curb&Gutter,6" LF 23.0 23.8 0.8 $ 26.50 $ 630.70 $ 21.20 9 Remove&Replace 24"PCC Curb&Gutter,7" LF 29.0 23.3 -5.7 $ 28.50 $ 664.05 $ (162.45) 1 D Remove&Replace 24"PCC Curb&Gutter,8" LF 461.7 389.5 -72.2 $ 30.50 $ 11,879.75 $ (2,202.10) 11 Remove&Replace 24"PCC Curb&Gutter,9" LF 1,019.6 923.1 -96.5 $ 32.50 $ 30,000.75 $ (3,136.25) 12 Remove&Replace 24"PCC Curb&Gutter,10" LF 120.1 124.1 4.0 $ 34.00 $ 4,219.40 $ 136.00 13 Remove&Replace 24"PCC Curb&Gutter,11" LF 762.9 275.2 -487.7 $ 36.00 $ 9,907.20 $ (17,557.20) 14 Joint Seal LF 49.0 27.0 -22.0 $ 3.10 $ 83.70 $ (68.20) 15 Sidewalk Curb LF 72.5 23.6 -48.9 $ 21.50 $ 507.40 $ (1,051.35) 16 New 24"PCC Curb&Gutter,6" LF 147.7 138.6 -9.1 $ 15.50 $ 2,148.30 $ (141.05) 17 New PCC Pavementw/Integral Curb&Gutter,6" SF 50.8 71.6 20.8 $ 6.50 $ 465.40 $ 135.20 18 Combined Sidewalk and Retaining Wall Cy 3.2 13.5 10,3 $ 180.00 $ 2,430.00 $ 1,861.20 19 Water Valve Adjustment EACH 2.0 11.0 9.0 $ 150.00 $ 1,650.00 $ 1,350.00 20 Excavation SY 1,579.0 1,583.0 4,0 $ 7.00 $ 11,081.00 $ 28.00 21 Hydroseeding SY 1,579.0 1,659.6 80.6 $ 3.25 $ 5,393.70 $ 261.95 22 Temporary Erosion&Sediment Control LS 1.0 1.0 0.0 $ 600.00 $ 600.00 $ - 23 Traffic Control LS 1.0 1.0 0.0 $ 2,300.00 $ 2,300.00 $ DIVISION III ITEMS TOTAL $ 258,994.85 $ (18,222.45) 2001 Saw Cut Curb LF 215.2 215.2 $ 10.00 $ 2,152.00 $ 2,152.00 2002 Sod SF 217.0 217.0 $ 2.00 $ 434.00 $ 434.00 DIVISION III CHANGE ORDER ITEMS TOTAL $ 2,586.00 $ 2,586.00 DIVISION IV-TRAIL REPAIRS 1 Remove PCC Trail,6" SF 1,342.3 1,768.3 426.0 $ 1.50 $ 2,652.45 $ 639.00 2 PCC Trail,6" SF 1,342.3 1,753.7 411.4 $ 4.00 $ 7,014.80 $ 1,645.60 3 Detectable Warning Surface SF 102.0 96.0 -6.0 $ 35.00 $ 3,360.00 $ (210.00) 4 Saw Cut Curb LF 70.0 60.0 -10.0 $ 6.00 $ 360.00 $ (60.00) 5 Water Valve Adjustment EACH 1.0 1.0 0.0 $ 150.00 $ 150.00 $ 6 Patch EACH 6.0 6.0 0.0 $ 75.00 $ 450.00 $ - 7 Excavation SY 29.0 49.0 20.0 $ 10.00 $ 490.00 $ 200.00 8 Hydroseeding SY 29.0 - -29.0 $ 3.50 $ - $ (101.50) 9 Traffic Control LS 1.0 1.0 0.0 $ 1,200.00 $ 1,200.00 $ DIVISION IV ITEMS TOTAL $ 15,677.25 $ 2,113.10 DIVISION ITEMS TOTAL $ 303,779.41 $ (11,586.41) DIVISION CHANGE ORDER ITEMS TOTAL $ 12,097.25 $ 12,097.25 REVISED DIVISION ITEMS TOTAL $ 315,876.66 $ 510.84 FINAL QTY.ADJ. Cont.#931 Page I�t 21N CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of$315,876.66, for the FY 2016 Sidewalk Repair Program- Zone 6 and Trail Repairs, Contract No. 902, and receive and file two-year maintenance bond. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/3/2018 - 11:03 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 11:31 AM ATTACHMENTS: Description Type D Cont 902 Maint Bond Cover Memo Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of SUBJECT: Waterloo. Iowa, ata total cost of$315,876.66, for the FY 2016 Sidewalk Repair Program- Zone 6 and Trail Repairs, Contract No. 902, and receive and file two-year maintenance bond. Submitted by: Submitted By: Eric Thorson, PE. City Engineer B & B Builders & Supply has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: G.O. Bonds Page 171 of 198 MERCHANT BONDING COMPANY , Merchants Bonding Company (Mutual) P.O. Box 14498, DES MOINES, IOWA 50306-3498 PHONE:(800)678-8171 FAX: (515)243-3854 MAINTENANCE BOND 'S KNOW ALL PERSONS BY THESE PRESENTS: Bond No.IAC585626 S That B & B Builders& Supply of 5728 Sierra Drive Waterloo IA 50701 as Principal, and the Merchants Bonding Company(Mutual) as Surety are s held and firmly bound unto the City of Waterloo City of Waterloo in the penal sum of Three Hundred Fifteen Thousand Eight Hundred Seventy Six Dollars and 661100 ( 315 876.66 ) DOLLARS, lawful money of the United States of America, for the payment of which,well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. Signed and delivered this 21 st day of December 2017 WHEREAS, the Principal entered into a certain contract, dated the 3rd day of May 2016 with the City of Waterloo 715 Mulberry Street, Waterloo, IA 50703 to furnish all the material and labor necessary for the construction of F. Y. 2016 Sidewalk Repair Program-Zone 6 and Trail Repairs-Zone 6; Contract No. 902 in conformity with certain specifications;and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two(2) years from the date of acceptance of the work under said contract;and ii WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the fling of this maintenance bond;and Merchants Bonding Com an Mutual for valuable WHEREAS, the g P ) consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does I and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work,within the period of two 2 years from the date of acceptance of the work under said contract, by L reason of bad workmanship or poor material used in the construction of said work, and shall keep all t work in continuous good repair during said period, and shall in all other respects, comply with all the E terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void;otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted.Any obligation beyond this shall be that of only the Principal. B &B Builders & Supply ' Principal By fb�hf�7 /���(r1Ci� ap�Nf1 �p�• Approved By 14. 9933 �-G' B Merchants Sond' Company ) �: By CON 0304 (2115) igaiMohr- tt rn y.m- ac Page 172 of 198 k 6 i MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Abigail R.Mohr their true and lawful Attomey-in-Fact, to sign its name as surety(ies)and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Surety Bond M IAC585626 Principal: B & B Builders &Supply Obligee: City of Waterloo c This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board j of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. F "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-In-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 21st day of December, 2017. 110f1I44•4�+ri NX ( D�Nri.,I+•pA'• MERCHANTS BONDING COMPANY MUTUAL jay:'VQ��CR'9j�'•02 MERCHANTS NATIONAL BONDING,INC. ) Q = -o- diff l �t � -o- o' v'= 2003 ;�� y'. 1933 ,� , By 4 ' •••• •••.•03 4 •••�•• •••`�+'• President STATE OF IOWA �••r,•*.*a•* ++••••• COUNTY OF DALLAS ss. On this this 21 stday of December 2017 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. �P�ipL s ALICIA K.GRAM 0 �v Commission Number 767430 My Commission Expires �owr Apnl 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 21st day of December, 2017. 0 N4 t�.�pOR,q.�p' 4�•'�Pt? � q'. i -o- mid' .F-..... -a- •.-.. i 2003 :'�'�' ' 1933 3" Secretary �? �v. � :y: •C• ! PDA 0018 (3117) °'''••••Y�t�,t•*s`•' •..7•[.••' f f Page 173 of 198 l I CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$24,357.02 for the FY 2018 Sidewalk Repair Assessment Program-Zone 7, Contract No. 931, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/3/2018 - 11:01 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 11:07 AM ATTACHMENTS: Description Type D Cont 931_Final Quantity Summary Cover Memo Motion approving Final Quantity Summary for a net decrease of$24;357.02 SUBJECT: for the FY 2018 Sidewalk Repair Assessment Program- Zone 7, Contract No. 931. and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a decrease to the total project cost. Source of Funds: Property Owner Assessments Page 174 of 198 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2018 SIDEWALK REPAIR ASSESSMENT PROGRAM —ZONE 7 CONTRACT NO. 931 Date Prepared: December 15, 2017 AMOUNT: $24,357.02 DECREASE TO: B & B BUILDERS & SUPPLY Contractor You are hereby ordered to perform the following extra work on your contract dated August 28, 2017. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As-built quantities varied for some bid items i C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. 1 TOTAL DECREASE $24,357.02 BY: B & B BUILDERS & SUPPLY Mayor Date CONTRACTOR BY: ate ATTEST: TITLE: (1W ka;- City Clerk Date APPROVED: City Engineer Date Final Quantity Adjustment Cont # 931 SheeFageo1952of 198 FY 2017 Sidewalk Repair Assessment Program-Zone 7 FINAL Contract No.931 Period: Bid Original Bid Quantity B&B Unit Price Increase/ Item Bid Item Description Units Final Quantity 8&8 Unit Price Quant. t Difference Extended Decrease 1 Remove&Replace PCC Sidewalk,4" SF 32,748.4 29,185.20 -3,563.2 $ 8.00 $ 233,481.60 $ (28,505.60) 2 Remove&Replace PCC Sidewalk,5" SF 2,594.3 2,715.30 121.0 $ 8.50 $ 23,080.05 $ 1,028.50 3 Remove&Replace PCC Sidewalk,6" SF 2,270.1 2,263.90 -6.2 $ 8.90 $ 20,148.71 $ (55.18) 4 Remove&Replace PCC Sidewalk,Class"A' SF 2,096.3 2,385.90 289.6 $ 10.85 $ 25,887.02 $ 3,142.16 5 Patch EACH 49.0 47.0 -2.0 $ 65.00 $ 3,055.00 $ (130.00) 6 Clean Sidewalk EACH 54.0 47.0 -7.0 $ 375.00 $ 17,625.00 $ (2,625.00) 7 Water Valve Adjustment EACH 28.0 24.0 -4.0 $ 150.00 $ 3,600.00 $ (600.00) 8 Gas Valve Adjustment EACH 1.0 0.0 -1.0 $ 150.00 $ - $ (150.00) 9 Drainage Plate Repair EACH 1.0 0.0 -1.0 $ 300.00 $ - $ (300.00) 10 Saw Cut LF 5.3 5.0 -0.3 $ 5.00 $ 25.00 $ (1.50) 11 Joint Seal LF 16.0 25.9 9.9 $ 4.00 $ 103.60 $ 39.60 BID ITEMS TOTAL $ 327,005.98 $ (28,157.02) 1001 Trim Tree/Shrubs EACH 8.0 8.00 $ 175.00 $ 1,400.00 $ 1,400.00 1002 Tree Grate EACH 6.0 6.00 $ 400.00 $ 2,400.00 $ 2,400.00 CHANGE ORDER ITEMS TOTAL $ 3,800.00 $ 3,800.00 BID&CHANGE ORDER ITEMS TOTAL $ 330,805.98 $ (24,357.02) TOTAL PAY ESTIMATE#1-9-11-2017 $ 10,724.95 PAY ESTIMATE 92-9-25-2017 $ 107,762.85 PAY ESTIMATE#3-10-9-2017 $ 49,853.08 PAY ESTIMATE 44-10-30-2017 $ 93,846.93 PAY ESTIMATE#5-11-27-2017 $ 52,077.87 RETAINAGE $ 16,540.30 TOTAL PAYMENTS $ 330,805.98 CHANGE ORDER#1(ITEMS 1001&1002) $ 3,800.00 CHANGE ORDER TOTAL $ 3,800.00 ORIGINAL CONTRACT AMOUNT $ 365,163.00 FINAL QUANTITY SUMMARY $ (24,367.02) FINAL CONTRACT AMOUNT $ 330,805.98 FINAL QTY.ADJ. Cont.#931 Page fM OT 198 CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of$330,805.98, for the FY 2018, Sidewalk Repair Assessment Program-Zone 7, Contract No. 931, and receive and file two-year maintenance bond. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/3/2018 - 11:04 AM Clerk Office Even, LeAnn Approved 1/3/2018 - 11:32 AM ATTACHMENTS: Description Type D Cont 931 Maint Bond Cover Memo Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of SUBJECT: Waterloo. Iowa, at a total cost of$330,805.98, for the FY 2018, Sidewalk Repair Assessment Program-Zone 7, Contract No. 931, and receive and file two-year maintenance bond. Submitted by: Submitted By: Eric Thorson, PE, City Engineer B & B Builders and Supply has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: Property Owner Assessments Page 177 of 198 I s i MERCHANTS BONDING COMPANY , i Merchants Bonding Company (Mutual) P.O. Box 1.4498, DES MOINES, IowA50306-3498 PHONE:(800)678-8171 FAX: (S15)243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; Bond No.fAC586993 That B &S Builders&Supply of 5728 Sierra[Drive,Waterloo, IA 50701 _ as Principal, and the Merchants Bonding Company (Mutual) as Surety are held and firmly bound unto the City of Waterloo 1 -Qiiy of Wa erlooin the penal sum of Three.Hundred Thirty Thousand Eight Hundred Five Dollars and 981100 _($330.805.98 ) DOLLARS, lawful money of the United States of America, for the payment of which,well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. Signed and delivered this 21 st day of December 2017 WHEREAS, the Principal entered into a certain contract, dated the day of with the City of Waterloo _ 715 Mulberry Street Waterloo lA 50703 to furnish all the material and labor necessary for the construction of F.Y. 2018 Sidewalk Assessment Program Zone 7, Contract No. 931 in conformity with certain specifications; andi WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two(2) years from the date of acceptance of the work under said contract; and t. WHEREAS,the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants Bonding Company(Mutual) for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo as aforesaid; ' f NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said } work, within the period of two 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the r, terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be s obligated only to assure the maintenance of the work in the condition in which it existed at the time the 1 work was accepted.Any obligation beyond this shall be that of only the Principal. B &B Builders &Supply Principal By r 1 @�91�nP.8�1'a9 Approved BY Merchants Rriding Co pan ut ;�tiw ,:���;• , By CON 0304 (2115) Abigail ',. Mohr ton -in- act Page 178 of 198 i i E MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companles")do hereby make,constitute and appoint,individually, Abigail R. Mohr their true and lawful Attorney-in-Fact, to sign its name as surety(ies)and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Surety Bond#: IAC586993 Principal: B & B Builders &Supply Obligee: City of Waterloo This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-€n-Fact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings,recogn€zances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronib transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seat when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 21 St day of December, 2017. ��••r.nrrr� •r••••• A .• t> p <Q+a+ •.•�� PU �p+•• MERCHANTS BONDING COMPANY(MUTUAL.) fir?;'�� 'Qj�••.L; • Q4 GIS 4A% MERCHANTS NATIONAL BONDING,INC. v`= 2003 ;�; :y 1933By :e: 41 President STATE OF IOWA •���''+� ;.wo• •+•+•++ COUNTY OF DALLAS ss. On this this 21stday of December 2017 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. F ALICIA K.G RAM ssion Number 76 743 0 My Commission Expires April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full s force and effect and has not been amended or revoked. I in Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 21 stday of December, 2017. +•v.a•�IONq��•.�• ••�A�G Cpl•.+ 2003 ;`�; `�• 1:933 ;e: Secretary dy40e dJ;•, a • POA 00 18 (3117) Ir�rr••+:+`, ••••••• Page 179 of 198 CITY OF WATERLOO Council Communication Resolution approving the Iowa Department of Transportation's Federal-Aid Agreement for the Iowa's Clean Air Attainment Program funding, No. 2017-ICAAP-05 for the Ansborough Avenue Additional(5th) Lane and Revised Traffic Signal,project No. STP-A-8155(75786-07, in the amount of$347,000 (80 percent- $277,600 ICAAP, with 20 percent local match$69,400)by the City of Waterloo, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 1/3/2018 - 11:47 AM Resolution approving the Iowa Department of Transportation's Federal-Aid Agreement for the Iowa's Clean Air Attainment Program funding. No. 2017- ICAAP-05 for the Ansborough Avenue Additional(5th) Lane and Revised SUBJECT: Traffic Signal, project No. STP-A-8155(757 , in the amount of $347,000 (80 12ercent-$277.600 ICAAP. with 20 percent local match $69.400)by the City of Waterloo, and authorizing the Mayor and Ci, Clerk to execute said document. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Ansborough Avenue Improvements by adding a right through lane and Summary Statement: convert into two-way center left turn lane with signal improvements and signal timing/phasing revisions on Ansborough Avenue from Black Hawk Road north 0.1 miles to Downing Avenue. Expenditure Required: $347,000.00 Source of Funds: $277,600.00- ICAAP Funding $ 69,400.00- GO Bond Funding(City's share) This project is part of the Strategic Plan- Goal 2: Implement a Community Policy Issue: Policing strategy that creates a safe environment in Waterloo - Strategy 2.2- enlist all City departments and staff members to promote a safer community. This will have several benefits. It will make signal operation more efficient Background Information: Without compromising safety. It will increase capacity. It will make mid- block left turns between Black Hawk Rd. and Downing Ave. safer and more convenient. It improves access to businesses. Page 180 of 198 CITY OF WATERLOO Council Communication Resolution approving Convention& Visitors Bureau(CVB) Board recommendations for funding of hotel- motel tax mini grant application for the National Antique Tractor Pullers Association(NATPA) in the amount of$2,477. City Council Meeting: 1/8/2018 Prepared: 1/3/2018 REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 1/3/2018 - 4:35 PM ATTACHMENTS: Description Type D Grant Application Backup Material Resolution approving Convention& Visitors Bureau(CVB) Board SUBJECT: recommendations for funding of hotel-motel tax mini-grant application for the National Antique Tractor Pullers Association(NATPA) in the amount of $2,477. Submitted by: Submitted By: Tavis Halh Executive Director of Waterloo Convention& Visitors Bureau Recommended Action: Approve. Summary Statement: The CVB Board has reviewed and scored the applications and the recommended funding corresponds to the scored percentage. Expenditure Required: $2,477 Source of Funds: Hotel-motel tax grant funding. Policy Issue: None. Alternative: Do not fund. The Iowa Winter Nationals is one of thirteen events hosted by the National Antique Tractor Pulling Association. The events bring visitors from across Background Information: the country, with an average of fifteen states represented at each competition. This is the only NATPA event in Iowa and it is held in McElroy Auditorium at the National Cattle Congress grounds. Page 181 of 198 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application Waterloo Hotel-Motel Tax Year-Round (Mini) Grant Application Entire application MUST be typed and every question must be answered fully I Total Request: $3,000 Total Project Cost$21,000 1. Contact Information/Background Information Name& Date of Event/Project: Iowa Winter Nationals Antique Tractor Pull Name of presenting organization: Iowa Winter Nationals Non-Profit Organization: For-Profit Organization: x Check payable to(if different than above) FEIN Number 81-4437054 Contact person Alison Robinson-Barber Address 1403 M Avenue West City Oskaloosa State Iowa Zip 52577 Phone number 641-295-1760 Email ihc460@gmail.com Organization web address www.natpa.club I Please describe your organization. To enter,sponsor, promote and organize the recreational activity of antique tractor pulling. Our organization is all through volunteer efforts.The organization was formed in 1996&brings tourism to each community we host events in. Is a member of the Waterloo City Council on your Board of Directors? NO How does your organization market to/reach an audience outside of Black Hawk County? An event flyer will be published in the Hook Magazine which is a magazine devoted to antique tractor pulling. The Hook Magazine distributes 4200 copies of each issue and has subscribers in all 50 states&4 foreign countries. A flyer will also be available for viewing at www.natpa.club&the National Cattle Congresses website. Flyers will be posted on various social media sites. The past two years myself&the NATPA President have been interviewed on KWWL&event was featured on their community calendar. Have hotel-motel tax grants been received for this project previously? NO If so, please provide a copy of the completed project evaluation form(s)that were turned in for reimbursement. If so, please provide an explanation for why you are applying outside of the regular grant cycle. I missed the deadline for applying for the regular grant season.The previous year I had applied for the grant the date for submission was later. Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the project/event will be required prior to the event taking place. 1 Page 182 of 198 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application 2. Please share the following information about your project/event; a. Please describe the project and specify the goals/expectations. The event will be an antique tractor pull following NATPA Rules&Regulations. Last year for the NATPA season the pull held in Waterloo was the largest event held all season. Our hook numbers were 643 whereas the average of all the other events was 375 hooks. b.Please describe the mechanism for measuring to see if expectations are met. Success is measured upon attendance numbers,hook numbers&participant feedback. 3.Based on past history of this event(in Waterloo and/or in other communities) please provide as much specific information as you can about attendance and hotel use. a. How many people do you expect to attend? of those,how many will be from outside Black Hawk County? 100-150 participants. b.What method was used to determine this information? Attendance is tracked through registration process.The NATPA has software that can compute how many individuals registered for the event. c.What will be the mechanism for tracking/measuring attendance? How are you adjusting it from the prior year?Participants complete a form when they register for tractor pull about hotel information. d.What are your expectations for hotel room use in Waterloo? 75-100 rooms e. How will you track room use? Through registration process. f. Do you have room blocks? Rates? Yes. g.When are rooms typically booked? one month prior up until event date. h. How long will people stay? 1-2 nights i. How many people stay in a room? 2 j. Please include event attendance and hotel use history if applicable.Where has the event been held before? How many participants/spectators were involved previously? In 2017 81 hotel rooms were booked. 158 competitors competed in the event. k. (For profit entities only) I. (For event-related capital projects only) Please describe how this project is different from Please describe how this ties into your your normal business and how this ties into your organization's mission,and how the project allows normal business. How is this project tourism- you to draw additional people to Waterloo. related? How much does this grant funding mean The event brings many new people to the Waterloo to the success of your event? What are your area. The event is a way for Waterloo to showcase expectations for attendance with and without grant features that best suit or organization. This will be funding? the 4=h antique tractor pull that our organization has hosted in Waterloo. 4. Is this a new project or idea? NO (If yes,please describe,in detail,how this project explores a new idea,new direction,is innovative or a new project?) 5.Are there significant changes to the event/application from previous years? NO (If yes,please describe,in detail,those changes. Examples could include changes in marketing efforts,expansion of the event schedule,etc.) 2 Page 183 of 198 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? Since the inception of the Iowa Winter Nationals our competitors have thoroughly enjoyed coming to the pull in Waterloo. The combination of all the John Deere attractions&Waterloo attractions encourages more people to attend. 7. What specific marketing will you be doing outside of Black Hawk County for this event/project? Please specify locations,audience size,etc. Please provide information about specific media,schedule,costs,etc. An event flyer will be published in the Hook Magazine which is a magazine devoted to antique tractor pulling. The Hook Magazine distributes 4200 copies of each issue and has subscribers in all 50 states&4 foreign countries. A flyer will also be available for viewing at www.natpa.club&the National Cattle Congresses website. Flyers will be posted on various social media sites. The past two years myself&the NATPA President have been interviewed on KWWL&event was featured on their community calendar. 8. Please fill out the attached budget information(attached Excel file),and provide the following budget snapshot. Budget information should be as complete as possible. a.Total Income: $20,500 b.Total Expense:$19,925 c. Net Profit(Loss)for the event:$575 d. Please describe how the requested grant money fits into the overall project. How will the funds be used,and how would not receiving full funding through this process affect your event?The funds will be used towards the building rental at the National Cattle Congress. If funds are not approved we will not have enough funds to complete the event. e. How will profit(if applicable) be used by the project/organization/business? In the past profits have been used for a donation to a charity& remaining proceeds have been retained to use for the next event. Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? NO Acknowledgment and Signature I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau.To the best of my knowledge,the information contained in this application and its attachments is accurate and complete.The Hotel-Motel Tax Grant funds are reimbursement funds for project funding already spent,and are to be used for the express purpose as stated in the Grant Application.1,the undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo Convention and Visitors Bureau Board of Directors far funding will be withdrawn.My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non-fundable or not stated herein. Alison Robinson-Barber 12/6/2017 Signature of Applicant Date 2 Page 184 of 198 Page 185 of 198 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of November 17, 2017. City Council Meeting: 1/8/2018 Prepared: 12/29/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 12/29/2017 - 2:18 PM Clerk Office Higby, Nancy Approved 1/2/2018 - 2:04 PM ATTACHMENTS: Description Type D Airport Board Meeting Minutes, October 24,2017 Cover Memo SUBJECT: Airport Board Meeting Minutes of October 24, 2017. Submitted by: Submitted By:Keith Kaspari. Director of Aviation Page 186 of 198 =i MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, October 24,2017 I. ROLL CALL Chairperson, Field, called the meeting to order at 12:00 p.m. Board Members Present: Hugh Field, Steve Dust, Arlene Humble, Scott Voigt and Gwenne Berry. Board Members Absent: Dr. Linda Allen, Chuck Needham. City Officials Present: Mayor Quentin Hart. City Officials Absent: Councilman Steve Schmitt, Councilman Toni Lind. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: David Hughes, AECOM; Brian Schoon and Ryan McKinley, INRCOG; Warren Brecheisen,Hangar Tenant. H. AGENDA AS RECEIVED OR AMENDED Moved by Humble; seconded by Dust, to approve the agenda.. Ayes: 4. Motiou carried. 111. PUBLIC COMMENTS None- IV. REPORTS A. Director's Report. Kaspari asked for questions on his written report,there were none. B. Planning&Development Report. NIA; Projects discussed under Old Business. C. Legislative Updates. Kaspari stated that Congress signed a Continuing Resolution to find the FAA for a 6-month period; some legislators are still pushing for an increase to the PFC rate. D. Monthly Airport Reports. Board reviewed the airline stats, fares and YTD budget; Berry moved that reports be received and placed on tile, seconded by Dust. Ayes: 4.Motion carried. 1 Page 187 of 198 V. BOARD APPROVAL A. Approval of Minutes of September 26,201.7 Regular Meeting. Minutes of the September 26, 2017 meeting were reviewed. Humble moved approval of the minutes, seconded by Voigt. Ayes: 4. Motion carried. B. Motion to Receive and File September 2017 Expenses. All operating and capital expenses were reviewed. Moved by Dust, seconded by Humble,that expenses be received and placed on file. Ayes: 4_ Motion carried. VI. DLII BUSINESS A. Update: Final Staff Recommendation for FY-2018 thru 2023 Airport Capital Improvement Plan. David Hughes (AECOM) presented the two options for 2018 --- 2023 CIP, with the only difference being that Option 1. combines 2019 and 2020 FAA. entitlement dollars to complete the Rehab of Taxiway B in 2020,rather than split the work between two years. Hughes explained that would be the least expensive option due to only having to pay costs associated with mobilization of the General Contractor once rather than in two separate years. Moved by Berry, seconded by Dust,to approve Option One. Ayes: 4. Motion carried. B. Update: FAA Funded Construction—Taxiway Charlie and Runway 12/30 Joint Repair. Kaspari stated that the pre-paving conference was held earlier today, work is on schedule, with paving scheduled to begin November 6"'_ C. Update: Parkin Lot of Equipment Replacement Project. Kaspari stated that specs are being reviewed; the intent is to continue to move the project forward this calendar year. D. Update: Parking Revenue: Third Quarter of CY-2017. Kaspari pointed out that YTD parking revenue is running just short of 2016 through the end of the 3`d quarter. VII NEW BUSINESS A.. Airport Zoning Ordinance. Brian Schoon, AICD, Director of Development from INRCOG, presented the draft Height Zoning Map they've been.working on, based on overlay zones assigned by FAA. The map includes Waterloo, Cedar Falls and Black Ilawk County and will require the adoption of a new ordinance by all three local units of government. A seven member Airport "Zoning Board will also be created to review new development projects, consisting of 2 members of each Planning and Zoning Board from Waterloo, Cedar Falls, and Black Hawk County, and the Airport Director, 2 Page 188 of 198 I B. Review of Submittals Received from USDOT Office of Aviation Analysis. Kaspari reviewed the bids received. United's Option B, included a bid with 1 daily flight to Chicago and 1 daily flight to Denver is likely too high for DOT to consider, leaving 13 flights per week to/from Chicago, on either American or United. Kaspari pointed out that American's bid, while lower, shows service by a CRJ2, which is what SkyWest Airlines operates today, and has been providing sub-par service since they replaced Envoy in Wate,-loo in <ij 1, April. Ainerican had promised the rci..rii of Envoy in December and had not mentioned bringing SkyWest back with their new 1-i;_ . Kaspari will discuss with DOT officials whether we would be allowed to select United, with a higher bid, based on the poor service we have received from American/SkyWest. Bo,--i-11' holding public .meetings to gauge support for American or corium pity would prefer United service. The response to the USDOT is due Noven)l),'r T. 2017, °•hick is before the next scheduled meeting, so may need to hold a special meeting before i''iat date. C. City of Waterloo& Department Capital Improvement Program(CIP FY-2019—2023). Kaspari reviewed the handout listing the FY-2018 2022 CIP requests and his suggestion for FY-2023. D. Discussion of Meeting Times for November and December Board Meetings Due to Holidays. No discussion. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Meeting adjourned at 1:15 p.m., after the quorum was lost. Respectfully submitted, Hugh . Field, Chairperson Page 189 of 198 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of November 17, 2017. City Council Meeting: 1/8/2018 Prepared: 12/29/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 12/29/2017 - 2:18 PM Clerk Office Higby, Nancy Approved 1/2/2018 - 2:03 PM ATTACHMENTS: Description Type D Airport Board Meeting Minutes, November 17, 2017 Cover Memo SUBJECT: Airport Board Meeting minutes of November 17, 2017. Submitted by: Submitted By:Keith Kaspari, Director of Aviation Page 190 of 198 MINUTES WATERLOO REGIONAL.AIRPORT BOARD SPECIAL MEETING Friday,November 17,2017 I. ROLL CALL Chairperson Field called the special meeting to order at l l:59 a.m. Board Members Present: Hugh Field., Steve Dust, Arlene Humble, Scott Voigt and Gwenne Berry. Board Members Absent: Dr. Linda Allen, Chuck Needham. City Officials Present: Mayor Quentin Hart. City Officials Absent: Councilman Steve Schinitt,Councilman Torn Lind. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Tim Newton, Livingston Aviation, Wendy Wilson, AvFlight. II. AGENDA AS RECEIVED OR AMENDED NIA III. PUBLIC COMMENTS Norge. IV. REPORTS NIA V. BOARD APPROVAL NIA. VI. OLD BUSINESS N/A VIL NEW BUSINESS A. General Discussion: Community Response to USDOT Essential Air Service Invitation. Chairperson Field opened the discussion on the air service proposals by stating that what we don't want is to be served by SkyWest for American, operating the CRJ-200; due to the poor service we have received from thein since SkyWest took over for Envoy earlier this year. However, the proposal received from American (Page 3) shows the CR-T-200 as the aircraft designated to serve ALO beginning on May 1, 201 S. 1 Page 191 of 198 Director Kaspari stated that the public input he has received seems to lean more towards retaining American, but only if they will commit to quality service_ Kaspari suggested that the response to the USDOT should state that we accept the American bid with the caveat that we want the ERJ, operated by Envoy, and if they want the operational flexibility to substitute a CRJ,that it should be a CRJ-700, which is a 66-Seat, 2-Class aircraft. If American is not willing to make this commitment, then we would ask that the USDOT award our scheduled air service to SkyWest Airlines dba United Airlines (Option A), as Option B is much higher and it would be unlikely the USDOT officials would be willing to accept that proposal_ Steve Dust went over the survey that was sent to approxirar.ately 1,800 community investors, businesses and frequent fliers_ The survey asked if they would prefer American or United, whereby the data revealed the following: Fifty (50) percent of respondents chose United with the other 50% being equally split at 25% each between American and no preference. The respondents who chose United were then asked which option they preferred, as follows: Option A: Thirteen (13) weekly roundtrip flights to and from Chicago; and, Option B: one daily flight to and from Chicago; and, 1 daily flight, 6 days per week to and from Denver—with 80% choosing Option B. An. additional question asked which three (3) airports they preferred to fly out of and whether switching ALO's carrier from American to United would change that. The overwhelming response was no. Mayor Hart contrasted the difference between the meetings held with American. and United. Mayor Hart stated that American officials have their set plan to serve ALO with 13 #lights per week to Chicago, with no chance of expansion with either a 3 flight per day to Chicago or a future daily flight to Dallas. United officials listened to what our group had to say during our meeting at United's Corporate Offices in late March, and responded with the two separate proposals. United also gave the impression Haat they would.consider expanding our service in the future. Mayor Hart asked if United would help with marketing. Kaspari stated that they had told hien they would, as United's proposal has marketing funds allocated at $20,000 per year, each year over the two-year term. American never has, and their proposal provides no allocation of marketing funds. Arlene Mumble stated her concern that frequent fliers with lots of ra l.es built-up on. American may drive to Cedar Rapids to continue to fly on American, rather than staying in Waterloo to fly United_ Kaspari had asked United if they would honor American flier miles or status but he has not received a response. 2 Page 192 of 198 i Scott Voigt stated that he spoke with many frequent fliers who told him their biggest concern was reliability and they would fly out of ALO if we had better service. Many ALO passengers have experienced problems with American out of ALO and now refuse to fly out of ALO. Bringing United in may lead to many of those passengers coming back. If United provides good, reliable and on-time service our passenger numbers coulc_ _, ow enough to justify future expanded service to Chicago and possibly in the future westbound ser- ice to Denver. Gwenne Berry stated that it seems American is not interested in providing good service, or their proposal would not have shown the aircraft operated by SkyWest. Berry continued they (AA) stated they have no interest in expanding beyond the current 13 flights per week schedule. Voigt moved that our response to the USDOT be a recommendation to accept United's Option A, with the justification that we have received very poor service from SkyWest dba American Airlines on the CRJ-200 aircraft that was inserted on April 3, 2017, and their proposal included continued service on the troublesome CRJ-200. The motion was seconded by Dust. Humble asked that we add a request to United to match passenger's American frequent flier status. Ayes: 4;Nays: 1 (Humble). .Motion carried. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT With no additional business on the agenda,the meeting was adjourned at 1:04 p.m. Respectfully submitted, Hugh M. ield, Chairperson Page 193 of 198 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of December 20, 2017 on file in the Waterloo City Clerk's office. City Council Meeting: 1/8/2018 Prepared: 1/2/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 1/2/2018 - 9:42 AM Clerk Office Higby, Nancy Approved 1/2/2018 - 3:16 PM ATTACHMENTS: Description Type a LEGAL NOTICE OF MINUTES - DECEMBER Cover Memo 2017 SUBJECT: Waterloo Water Works Board of Trustees meeting minutes of December 20� 2017 on file in the Waterloo Citv Clerk's office. Submitted by: Submitted By: Matt Mahler, General Manager Page 194 of 198 Board of Water Works Trustees held their regular meeting on Wednesday, December 20, 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 November 22, 2017; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a resolution to cause$681.09 for pave box/curb stop repair to be assessed to the property taxes of 3915 Monterey Drive; a resolution to cause $2,282.17 for service line termination to be assessed to the property taxes of 1420 Commercial Street; a motion to receive and file the 2016 Operating Report; a resolution to approve Engineering Services Contract with Wayne Claassen Engineering and Surveying, Inc., for the Downing Avenue Water Main Looping Project; a resolution to approve list of Dues, Conferences and Travel Schedule for 2018; a resolution to authorize the 2018 contribution to the Waterloo Water Works Pension Plan; a motion to adjourn to Executive Session for discussion of performance of Water Works managers pursuant to Iowa Code Section 21.5(1)(i); a motion to reconvene Board meeting; a resolution to approve supervisory and office wages for 2018; a resolution recognizing Terry M. Kuntz's service to the Waterloo Water Works; and to set the date of the next regular Board meeting as Wednesday, January 17, 2018 at 8:45 a.m. Payment of the following bills: Aable Pest Control Services 24.25 ABM Janitorial Service 2,083.00 Acco Unlimited Supplies 13,767.75 Advanced Systems Services 144.13 Aecom Technical Services 8,459.45 Aramark Uniform Services 246.14 BerganKDV Services 140.00 Black Hawk County Auditor Water&Sewer Bond 5,663.16 Black Hawk County Treasurer, MIS Services 15.25 Black Hawk Electrical Services 176.79 Black Hawk Waste Disposal Services 104.00 BMC Aggregates Supplies 411.28 BRB Lawn and Snow Services 791.25 Campbell Supply Supplies 456.05 CDW Government Supplies 839.01 Cedar Falls Utilities Services 500.00 Cedar Valley Sportsplex Payroll Deduction 302.49 Cedar Valley United Way Payroll Deduction 85.00 Charles Schwab Institutional Pension 46,908.82 City of Raymond Sewer, Garbage &Yard 14,272.14 Waste City of Waterloo Projects 43,378.98 City of Waterloo Sewer, Garbage &Storm 1,243,745.68 Water Clapsaddle-Garber Associates Services 6,380.00 Cogsdale Corp. Services 540.00 Courier Communications Legal Ad 208.32 Cunningham, David Reimbursement 64.20 D &J Oil Supplies 360.68 Dex Media East Services 33.50 Electronic Engineering Services 1,113.35 Frickson Bros. Excavating Repairs 2,312.50 Gardner Plumbing Repairs 2,531.50 Gierke-Robinson Supplies 87.62 Hach Co. Supplies 512.67 Hogan-Hansen Services 805.80 Iowa Assoc. of Municipal Utilities Workshop 240.00 Iowa Dept. of Natural Resources Operator Fee 30.00 Page 195 of 198 Iowa Municipalities Workers' Insurance 4,249.00 Compensation Association Iowa One Call Services 631.80 IPERS Pension 13,272.33 Johnstone Supply Supplies 28.54 K& R Consulting Group Services 35.00 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 1,588.50 Kwik Trip Fuel 3,463.33 Larson, Travis Reimbursement 50.00 Menards Supplies 471.60 MidAmerican Energy Gas, Power& Electric 39,624.02 Moody, Joe Reimbursement 12.50 Municipal Supply Supplies 2,446.77 Mutual Wheel Supplies 120.30 Office Concepts Supplies 581.50 Payroll 98,993.90 PDCM Insurance Insurance 348.00 Postmaster Postage 200.00 Professional Office Services Services 7,652.46 Public Employees Credit Union Payroll Deduction 9,455.00 R Company Repairs 5,600.00 Radio Communications Services 1,595.99 Refunds 1,627.14 Rochester Armored Car Services 234.76 Schimberg Co. Supplies 5,397.17 Scot's Supply Supplies 42.51 Sensus USA. Supplies 41,375.20 Snyder&Associates Services 2,069.08 Staples Advantage Supplies 1,055.40 State of Iowa Treasurer Sales Tax 35,886.00 Steffen Truck Equipment Supplies 93.26 Storey Kenworthy Supplies 758.25 Sun Life Financial Insurance 7,046.07 Swisher&Cohrt Legal Services 148.00 Teamsters Local Union#238 Payroll Deduction 983.00 The Northway Corp. Project 98,818.52 Treasurer, State of Iowa State Tax 7,571.00 U.S. Cellular Services 64.26 US Dept. of Treasurer Federal Tax 45,302.76 Utility Equipment Supplies 11,180.20 Van Wert, Inc. Services 5,838.00 Voya Institutional Trust Payroll Deduction 7,854.00 Waterloo Water Works Reimbursement 12,590.22 WBC Mechanical Services 97.00 Wellmark Blue Cross Blue Shield Insurance 52,147.47 Wilberding, Rick Reimbursement 243.49 $1,926,628.06 WATERLOO WATER WORKS ATTEST: Secretary Page 196 of 198 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Joshua Meyer, Fire Fighter, effective December 18, 2017 with recommendation of approval of payout of $2,334.54 for unused benefits. City Council Meeting: 1/8/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 1/2/2018 - 5:28 PM Clerk Office Higby, Nancy Approved 1/2/2018 - 5:28 PM ATTACHMENTS: Description Type Communication from the Waterloo Fire Rescue Department on the notice of SUBJECT: the conclusion of employment for Joshua Meyer. Fire Fighter, effective December 18, 2017 with recommendation of approval of payout of $2,334.54 for unused benefits. Submitted by: Submitted By: Page 197 of 198 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 12/19/2017 Effective Date: 12/18/2017 Employment Date: 6/24/2008 To: City Council Members Re: Notice of Severance Department Fire Rescue Job TitlelClassification Fire Fighter This is to report that the employment of Joshua Meyer with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑Yes ❑ Resigned ❑ Termination 7 Other Layoff Due to OWl In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 139 $ 23.40 $3,252.60 Vacation-Current usable Sick Leave 25% Frozen Sick Leave Personal Hours Comp Time Pay Deduction Sick Use 24 $ 23.14 $ (555.36) Deduction Overpay $ (362.70) 11 $ Z334.54 Comments: Overused sick by 24 hours(Nov-Dec 2017);deduction for remaining balance of overpayment of wages from 6/2015-12/2016 70 Approved b Date PP Y Human Resources Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6/28/11 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Page 198 of 198