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Home My WebLink AboutCouncil Packet - 8/13/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 13, 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 Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 259 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Daniel Trelka, Chief of Police Agenda, as proposed or amended. Minutes of August 6, 2018, Regular Session, as proposed. Recognition of Steve Walker for 40 years of service Swearing in of three (3) Waterloo Fire Rescue Fire Recruits. Nathan Kremer,Adam Boyce, and Onazi Agbese. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Koinonia Ministries Full Baptist Church for a variance to the Noise Ordinance on August 19, 2018 from 10:00 a.m. to 5:00 p.m., in conjunction with the annual picnic to be held at 2222 Falls Ave, including a PA system. Submitted By: Dave Mohlis, Police Captain 3. Request from James Dooley for a waiver for a concrete driveway located at 148 Lowder Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, Interim City Engineer 4. Request from Mike Becker for a waiver for a concrete driveway located at 162 Lowder Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, Interim City Engineer 5. Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as August 23, 2018, and date of public hearing as Page 2 of 259 August 27, 2018, for the 2018 Fall Stump Removal Project, and instruct City Clerk to publish said notice. Submitted By:Todd Derifield, City Forester B. Motion to approve the following: 1. TRAVEL REQUESTS a. Chief Treloar, Captain Mahood and (2) Fire Fighters Class/Meeting: Transport Truck 311 to Manufacturer Destination: Weyauwega, WI Dates:August 15, 2018 Amount not to exceed: $900.00 b. Brian Rath Class/Meeting: Iowa Water Environment Association 2018 Operators/Pretreatment Conference Destination: Marshalltown, IA Dates: September 5-6, Amount not to exceed: $170.00 2018 C. Sgt. Hoelscher Class/Meeting: AR 15 Armorer Class Destination: Cedar Rapids, IA Dates:August 7-9, 2018 Amount not to exceed: $530.00 d. Angie Fordyce -Community Development Coordinator, Anita Merfield - Administrative Secretary, Maggie Howard-Heretakis - Project Specialist Class/Meeting: IDIS Training - Integrated Disbursement Information Systems Destination: Milwaukee, WI Dates: September 11-13, Amount not to exceed: $3,743.00 2018 2. LIQUOR LICENSES a. Brenda's Park Road Inn, 306 Park Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 8/8/2019 b. Cedar Valley Pridefest, 200 and 300 blocks of W 4th Street Class: Special C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/27/2018 C. Kwik Star#723, 707 Broadway Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2019 d. Kwik Star#732, 324 Fletcher Avenue Page 3 of 259 Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2019 e. Legs, 212 E. 4th Street, Suite 108 Class: B Wine / C Beer Renewal Application Does not include Sunday Expiration Date: 6/25/2019 3. APPOINTMENTS a. Bruce Kaesser Board/Commission: ADA Compliance Commission Expiration Date: 8/24/2021 Re-Appointment 4. Recommendation of appointment of Timothy Troyer, from the Civil Service list, to the position of Waste Water Operator in the Waste Management Services Department, effective September 4, 2018, pending successful completion of physical exam and drug testing. Submitted By: Steve Hoambrecker, Department Director, Waste Management Services PUBLIC HEARINGS 2. Development Agreement with Dahlstrom Real Estate, LLC, to authorize the sale and conveyance of a portion of City owned property, generally located east of 2535 Midport Boulevard, in the amount of$1.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property generally located east of 2535 Midport Boulevard, to Dahlstrom Real Estate, LLC, in the amount of$1.00, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Dahlstrom Real Estate, LLC, for the construction of a new 200,000 square foot warehouse, with an estimated new taxable value of$8,022,830, with 10 years at 50% tax rebates, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 3. Resolution approving the City of Waterloo Identity Theft Prevention Policy. Submitted By: Kelley Felchle, City Clerk 4. Resolution approving a Memorandum of Understanding with the Iowa Department of Administrative Services State Accounting Enterprise for participation in the Income Offset Program, and authorize Mayor to execute said document. Submitted By: Kelley Felchle, City Clerk Page 4 of 259 5. Resolution approving Max and Helen Guernsey Charitable Foundation grant application, in the amount of$20,000, for the Lincoln Park Improvements Project. Submitted By: Paul Huting, Leisure Services Director 6. Resolution approving a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the final plat of 3.01 acres for the Kenn Dahl First Addition, to allow for the development of a five (5) lot residential subdivision, located at 4245 West 4th Street. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving Amendment to the Development Agreement with Village Creek Rentals of Waterloo, Iowa, approved November 20, 2017, for a nine month extension for construction to be complete, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving application for an Iowa Department Of Transportation Traffic Safety Grant for traffic signalization of Greyhound Drive and West Ridgeway intersection, and authorize the Mayor to execute said document, and rescinding Resolution No. 2018-571. Submitted By: Mohammad Elahi, Traffic Engineer 9. Resolution approving Acceptance of Improvements of the Audubon Heights Sixth Addition, and receive and file two-year maintenance bond from Midwest Development Co., of Cedar Rapids, Iowa. Submitted By:Dennis J. Gentz, PE, Assistant City Engineer 10. Resolution approving the sale of kitchen equipment from the Public Market building, in the amount of $2,815.00, to Wilson Restaurant Supply, and authorize the Mayor and City Clerk to execute any necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving Convention and Visitors Bureau recommendation for funding a hotel/motel Mini-Grant application, in the amount of$2,174, in conjunction with the Mid America Chin Christian Church Convention. Submitted By: Tavis Hall, Executive Director of Waterloo Convention &Visitors Bureau ORDINANCES 12. An Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. Motion to receive, file, consider, and pass for the third time and adopt an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the "M-2,P" Planned Industrial Page 5 of 259 District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. Submitted By: Noel Anderson, Community Planning & Development Director 13. Amendment No. 5 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan. Motion to receive, file, consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal project. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waste Management Services Department on the notice of the conclusion of employment for Stan Seda, Maintenance, effective July 30, 2018 with recommendation of approval of payout of$25,568.86 for unused benefits. 2. Communication from the Cedar Valley SportsPlex- Leisure Services Department on the notice of the conclusion of employment for Jacob Frederick, Fitness Specialist, effective July 6, 2018 with recommendation of approval of payout of $4,028.75 for unused benefits. 3. Communication from the Engineering Department on the notice of the conclusion of employment for Eric Thorson, City Engineer, effective July 31, 2018 with recommendation of approval of payout of$8,010.00 for unused benefits. 4. Civil Service Commission minutes from May 31, 2018. Page 6 of 259 CITY OF WATERLOO Council Communication Minutes of August 6, 2018, Regular Session, as proposed. City Council Meeting: 8/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (..)ffice 1" mmcy Approved 8/7/20 8 9-22 AM ATTACHMENTS: Description Type Minutes of A.ul...,'Ust 6, 2018 p:::laac.kup:r Mamteilaap Submitted by: Submitted By: Page 7 of 259 August 6, 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 Monday, August 6, 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: Chris Shimp, Ward 5 Council Member 146351 - Juon/Schmitt that the Agenda, as amended by deleting item number four, for the Regular Session on Monday, August 6, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Four. Nays: Three (Klein, Shimp, and Jacobs). Motion carried. Mr. Morrissey raised a point of order and asked that item number four be ruled out of order and be deleted from the agenda. He explained his grounds for the item to be ruled out of order due because a motion to reconsider includes exceptions when the motion cannot be made. Mr. Morrissey explained that the city has already entered into a 28E Agreement with Hawkeye Community College and the college has taken steps to carry out the contract. Mrs. Klein commented that new information has come forward that a councilmember has a conflict of interest in voting on Hawkeye Community College. Mayor Hart questioned if the city is liable of incurred costs by Hawkeye Community College. Dave Zellhoefer, City Attorney, explained that the city could be sued as Hawkeye Community College has relied on the city and performed on the contract. Mr. Schmitt explained his reason to reconsider the vote was based on new information received since the signing of the 28E Agreement. Mayor Hart commented on the costs incurred by Hawkeye Community College dating back to the time the 28E Agreement was signed. Mr. Schmitt commented that the current city ordinance allows for council to reconsider a vote and suggested a procedural change that notifies all awarded contracts be notified of a waiting period prior to proceeding. Mr. Morrissey reiterated the point of order and that a point of order is not debatable. Mrs. Klein questioned if all of the homes will come for approval of the council and can council delay voting on future products until the performance of this project are realized. Dave Zellhoefer explained that Mr. Morrissey is correct on his point of order and confirmed the need to cease any further discussion until Mayor either confirms or denies the point of order. Mayor Hart questioned if all future properties have to be approved by the council. Dave Zellhoefer confirmed. August 6, 2018 Page 2 that the Minutes, as proposed, for the Regular Session on Monday, July 30, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Nays: Three (Klein, Shimp, and Jacobs). Motion carried. Proclamation declaring August 7, 2018, as National Night Out. Proclamation declaring August 12 - 18, 2018, as National Health Center Week. Recognition of Todd Damro for 30 Years of Service. ORAL PRESENTATIONS Bruce Kaesser, CRC Apartments, commented that his term on the ADA Compliance Committee expires this month and asked that his application be renewed. David Dryer, 3145 W. 4"' Street, commented that engine 311 needs $25,000 worth of repairs and will be covered by insurance and questioned if engine 306 will be fixed. Pat Treloar, Fire Chief, explained that the $25,000 will cover needed repairs and maintenance and insurance will cover$15,000 of the cost. Sandie Greco explained that the mechanic works on engine 306 as he has time. Dwayne Ehilers, 1205 '/2 Bishop Street, commented that he has been coming to the council meeting showing properties that have code enforcement violations and stated that the department targets his properties but does not address violations at other properties. One of the properties is at the cornet- of Vinton and Lafayette. Leon Mosley, 99 Mosley Street, questioned the standing of item number four. He further stated that a brand new home was built across the street and people have put money into existing homes in the neighborhood. Building homes in the neighborhood and property maintenance is going to improve the value of the existing home stock. Mayor Hart stated that the item is still approved and the project will proceed. LaTonya Graves, 607 E. Donald Street and NAACP, explained that it would be beneficial to build affordable housing on the north side of Waterloo and explained that the code of federal regulations requires municipalities to offer housing in a fair and equitable manner. Dr. Franz Whitfield, Pastor for Mt. Caramel Baptist Church, explained that he believes that his church community supports Hawkeye Community College building a new house on Sumner Street. Beverly Cosby, 315 Wendell Court, explained that 50 years ago urban renewal came through her neighborhood to make room for a better community. She explained that they are still waiting for those improvements to happen, and that she supports building a home at this location and sees it as a step in the right direction. Todd Obadal, 124 Amity Drive, questioned when the council would have the opportunity to vote against housing items and asked that the agenda be made public earlier to allow for more time to research items. He further stated that the rules of a conflict of interest need to be clarified. August 6, 2018 Page 3 Mr. Jacobs explained that he knows a young businessperson in town who has tried to make a movie about Waterloo,but unfortunately his efforts have not been supported by the community. He explained that he would like to see his business and movie venture supported. 146353 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146354 - 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 August 6, 2018, in the amount of$3,183,927.96, 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. 2018-576. 2. Request from Main Street Waterloo to hold the Iowa Downtown Conference from August 28-30, 2018, including the temporary closure of Sycamore Street between E. 4th Street to Park Avenue, on Wednesday August 29, 2018 from 2:00 p.m. to 8:30 p.m. for a social event to include food vendors. Resolution adopted and upon approval by Mayor assigned No. 2018-577. 3. Request from Devin Dorfman for a variance to the Noise Ordinance on September 29, 2018, from 3:00 p.m. to 11:00 p.m., in conjunction with a back yard wedding to be held at 115 Hawthorne Street, including amplified music. Resolution adopted and upon approval by Mayor assigned No. 2018-578. 4. Request from Paul Gahan for a waiver for a concrete driveway located at 151 Lichty Blvd., and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2018-579. 5. Resolution setting date of public hearing as August 20, 2018 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-580. 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date I • i w nn nnn i i t i i• i nn nnn r .i r�� August 6, 2018 Page 4 8. Request from Downtown Waterloo Urban Farmers Market for street closure of Jefferson Street from Park Avenue to W. 3rd Street on Saturday August 11, 2018 from 6:30 a.m. to 1:00 P.M. Resolution adopted and upon approval by Mayor assigned No. 2018-583. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Captain Dave Law Enforcement Leadership Ames, IA September $363.00 Mohlis Series Conference 10-11, 2018 b. Michelle Weidner, League of Cities Annual Council September $285.00 Chief Financial Conference Bluffs, IA 12-14, 2018 Officer 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. BP Fuel, 127 Jefferson Street B Native Wine/C Renewal 6/26/2019 x Beer b. Bryan's on 4th, 320 E. 4th C Liquor Renewal 7/14/2019 x Street w/Outdoor Service and Catering c. Kwik Star#229, 1717 E. San B Wine/C Beer Renewal 9/24/2019 x Martian Drive d. Kwik Star#724, 1105 Cedar B Native Wine /C Renewal 7/21/2019 x Bend Drive Beer e. Packers Inn, 201 Rath Street C Liquor Renewal 2/27/2019 x w/Outdoor Service 3. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146355 - Schmitt/Morrissey that proof of publication of notice of public hearing on Amendment No. 5 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan, as published in the Waterloo Courier on July 16, 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 and August 6, 2018 Page 5 renewal project, and approving the plan amendment", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2018-584. 146358 - Schmitt/Morrissey that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal project", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146359 - Schmitt/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon). Motion failed. Mayor announced that the public hearing for the maintenance and service contracts for fourteen city owned buildings has been cancelled due to no bids received. RESOLUTIONS +� n that cc 2019- 146360 - Morrissey/Shimp that "Resolution approving a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the preliminary plat of 3.01 acres for the Kenn Dahl First Addition, to allow for the development of a five (5) lot residential subdivision, located at 4245 West 4th Street", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-585. 146361 - Morrissey/Shimp that "Resolution approving Professional Services Agreement with Shive-Hattery, Inc. of Cedar r • 1 T A I r h,n nnn r i i A A - r August 6, 2018 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2018-587. 146363 - Amos/Morrissey that "Resolution approving award of contract to Pirc Tobin Construction, Inc. of Alburnett, Iowa, in the amount of$520,522.50, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-588. 146364 - Amos/Morrissey that "Resolution approving award of contract to Ultramax Ammunition of Rapid City, South Dakota, for the Police Department's FY 2019 Ammunition needs as budgeted", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-589. 146365 - Amos/Morrissey that"Resolution approving award of contract to RACOM of Waterloo, Iowa, at a cost of$13,311.64, per squad car, for the FY 2019 Police Squad Car equipment installation", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-590. 146366 - Morrissey/Amos that "Resolution approving a professional services agreement with Fire Recovery USA, LLC, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Two. Nays: Five (Jacobs, Klein, Amos, Schmitt, and Juon). Motion failed. Marcia Buttgen, 1510 Lyon Avenue, commented that she does not support the item as the insurance companies are going to raise the rates of its clients and that she feels that this is double dipping on the city's part. Pat Treloar, Fire Chief, explained that the item would allow the city to bill insurance companies for hazardous cleanup and that it is used by 900 cities in several states. David Dryer, 3145 W. 4th Street, explained that he has been in contact with the Fire Chief and found an article in the paper that states that the victim in an accident would get a bill that would be sent to the insurance company and rates would increase. Pat Treloar explained the billing for ambulance services is different from billing for fire responses. Forrest Dillavou, 1715 Huntington Road, commented that he believes his insurance costs will increase by using this service. T 11 �/ 1 1 1nA A T 1 .1 •11 •./ .1 • August 6, 2018 Page 7 Mrs. Juon commented that people who contacted her did not support the item. She further stated that the council has told staff to increase revenue to help reduce taxes. She stated that she will be voting against the item. Mr. Shimp requested clarification of the vote. Kelley Felchle, City Clerk, explained that if council voted against the contract, the ordinance would also need to be voted down. Mr. Morrissey requested clarification on how this is considered double dipping. Pat Treloar commented that the double dipping comment reflects the fact that taxpayers are paying for the service and then get billed for the service when you have an accident. He further explained that he reached out to insurance companies to find out if this would increase premiums. Most insurance policies have some sort of fee or coverage built in to cover this type of cost. Mayor Hart questioned how billing would be handled for the portion of people that may not have this type of coverage. Pat Treloar explained that if no coverage exists, no further collection efforts would take place. Mr. Morrissey commented that many insurance companies assign percentage of fault and questioned how that would be handled. Pat Treloar explained that both the fire response report and police report would be linked for clarification of the incident but he was unsure of how a shared fault would be handled. Mr. Morrissey questioned the impact billing based on residency. Pat Treloar explained that legal counsel has confirmed it is legal to bill based on residency. Mayor Hart clarified that 50 percent of people already have this type of coverage included in their policy. Mr. Jacobs thanked Chief Treloar for his efforts on this initiative. Resolution adopted and upon approval by Mayor assigned No. 2018-591. 146367 - Morrissey/Amos that "Resolution approving renewal of Crime and Fidelity insurance effective 9/15/18, in the amount of$3,663.00", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-592. ORDINANCES 146368 - Shimp/Amos that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Section 6 August 6, 2018 Page 8 146370 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: One Klein. Abstain: One (Jacobs conflict of interest potential). Motion failed. OTHER COUNCIL BUSINESS 146371 - Morrissey/Amos that Change Order No. 1 for a net increase of $36,655 for the Water Pollution Control Facility Upgrade Instrumentation and Controls Systems Project, Contract 929, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. 146372 - Morrissey/Amos that Change Order No. 2 for a net increase of $7,345 for the Water Pollution Control Facility Upgrade to Instrumentation and Controls Systems Project, Contract 929, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146373 - Juon/Morrissey that the Council adjourn at 7:16 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Recognition of Steve Walker for 40 years of service City Council Meeting: 8/13/2018 Prepared: 8/9/2018 REVIEWERS: Department Reviewer Action Date Mayon Office Westphal, Michelle Approved 8/9/20 8 tl2-26 PM t`11er; Office T' air cy Approved 8/9/2018 tl 2.35 PM Submitted by: Submitted By: Mayor Quentin Hart Page 16 of 259 CITY OF WATERLOO Council Communication Swearing in of three(3) Waterloo Fire Rescue Fire Recruits. Nathan Kremer,Adam Boyce, and Onazi Agbese. City Council Meeting: 8/13/2018 Prepared: 8/10/2018 REVIEWERS: Department Reviewer Action Date ('11erk Office p p ig))y, 1' aicy Approved 8/�0/2018 ... 12.37 P I SUBJECT: Swearing in of three (3) Waterloo Fire Rescue Fire Recruits. Nathan Kremer Adam Boyce, and Onazi Agbese. Submitted by: Submitted By: Pat Treloar. Chief of Fire Services Page 17 of 259 CITY OF WATERLOO Council Communication Request from Koinonia Ministries Full Baptist Church for a variance to the Noise Ordinance on August 19, 2018 from 10:00 a.m. to 5:00 p.m., in conjunction with the annual picnic to be held at 2222 Falls Ave, including a PA system. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date Poke Departrnent Mohiis, Dave Approved 8/'7/2018 ... 9.39 Aad t.`Ilcrrp Office p p igby, Nancy Approved 8/'7/2018 9.58 AM ATTACHMENTS: Description Type Koprno npan CIRIiir-cpa Variance Reapaaiest Me nio Request from Koinonia Ministries Full Baptist Church for a variance to the SUBJECT: Noise Ordinance on August 19, 2018 from 10:00 a.m. to 5:00 p.m., in conjunction with the annual picnic to be held at 2222 Falls Ave, including a PA system. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Summary Statement: Annual picnic with amplified music on August 19th, 2018 from 10 a.m. to 5 p.m. Expenditure Required: None Source of Funds: None Page 18 of 259 APPLICATION FOR V A ANCE TO NOISE ORDIIqAI14CE APPLICANT'S NAIL: .APPLICANT'S ADDRESS:S: CA APPLICANT'S PI -4, : �3 / ANTTICIPATED DATE OF VARIANCE: NA2vf'F, OF E�MNT: Tllvffi,S OF DAY OF VARIANCE: GEOGRA-PI-JaCAL LOCATIONOF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: J616 - 1600 PLEASE EX,-PLAIN THE EVENT REQUIRING 'IBB VARLNCE AND BE SPECIFIC, INCLUDE GEOGRAPI41CAL LOCATION, AND WJIATACTTJALI,Y WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. r2, Appl7c=Js Signature Date CITY COUNCIL ACTION: Police Dept. Recon. endation APPR.OVAL: APPROVAL. DENTAL: DENIAL: DECIBEL LEVEL: C,-> Page 19 of 259 CITY OF WATERLOO Council Communication Request from James Dooley for a waiver for a concrete driveway located at 148 Lowder Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggdrrmeer'ing 1Cniasobi, Jamie Approved 8/7/2018 3.47 PM t.`Ilcrrp Office ppi by, Na:amcy Approved 8/7/2018 ... 5:17 PM ATTACHMENTS: Description Type DW Wa.:ver 148 l:.,aamvder Rd M e nio Request from James Dooley for a waiver for a concrete driveway located SUBJECT: at 148 Lowder Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on cAy right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO EAST PART SW 1/4 SEC 1 T 89 R 13 COM AT APT 675 FT E OF CENTER LINE OF PRESENT PAVING ON HWY NO 63 300 FT S OF N LINE OF SW 1/4 OF SEC TH E ALONG A Legal Descriptions: LINE FORMING A RT ANG WITH W LINE OF SEC 100 FT TH S Page 20 of 259 ALONG A LINE PAR WITH CENTER LINE OF PAVING ON HWY 63 175 FT TH W ALONG A LINE FORMING A RT ANG WITH W LINE OF SEC 100 FT TH N 175 FT TO PT OF BEG & EASE Page 21 of 259 WAIVER Date: 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 (�concret or asphalt) �11'_ 7# a4-, ( �.�4-L-"'�;-),0o Lve�' '"' t� ) JA (Address) This waiver is needed because Of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section 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 accordingto the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewithpayment in the amount of seven dollars�$'7.'00)" or the purpose of recording this agreement. Respectfully submitted, C c' Printed Name of Property l JwnerK� rR of Prop7-'�ner Page 22 of 259 CITY OF WATERLOO Council Communication Request from Mike Becker for a waiver for a concrete driveway located at 162 Lowder Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggdrrmeer'ing 1Cniasobi, Jamie Approved 8/7/201 3.45 PM t.`Ilcrrp Office ppigby, Na:amcy Approved 8/7/2018 ... 5:17 PM ATTACHMENTS: Description Type DV"V Wa.M:a r 162 l:.,aamvder Rd Me nio Request from Mike Becker for a waiver for a concrete driveway located SUBJECT: at 162 Lowder Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on cAy right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO EAST PART SW 1/4 SEC 1 T 89 R 13 DES AS COM AT A PT 775 FT E OF CENTER LINE PRESENT PAVING HWYNO 63 & 300 FT S OF N LINE OF SW 1/4 SAID SEC TH RUNN E ALONG A LINE FORMING A RT ANG WITH W LINE Page 23 of 259 Legal Descriptions: SAID SEC 100 FT TH S ALONG A LINE THAT IS PAR WITH CENTER LINE PRESENT PAVING HWY 63 175 FT TH W ALONG A LINE FORMING A RT ANG WITH W LINE SAID SEC 100 FT TH N 175 FT TO PT OF BEG & EASE Page 24 of 259 WAIVER Date: 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 cancret or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section 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 07.00)for the purpose of recording this agreement. Respectfully submitted, ................Ll Printe an�e of roperty Owner S16nature Property Owner Page 25 of 259 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as August 23, 2018, and date of public hearing as August 27, 2018, for the 2018 Fall Stump Removal Project, and instruct City Clerk to publish said notice. City Council Meeting: 8/13/2018 Prepared: 8/8/2018 REVIEWERS: Department Reviewer Action Date 1-ensure Servs ces p puu9.ing, p aLfl Approved 8/8/2018 9-20 AM �.`Ileup Office ppigby, Nammcy Approved 8/8/2018 9.25 AM ATTACHMENTS: Description Type 2018 Fall. SCLImmmpm Ren'niiovaip Piroject I)ocauu:m.erits Me nio Resolution approving 12reliminaryplans, specifications; form of contract etc., SUBJECT: and setting date of bid opening as August 23, 2018, and date of public hearing as August 27, 2018, for the 2018 Fall Stump Removal Pro-ject, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Todd Derifield, City Forester Approve plans, specifications, and bid documents. Set the date of bid Recommended Action: opening as Thursday, August 23, 2018, and public hearing and bid reading Monday, August 27, 2018 Summary Statement: City of Waterloo has accumulated 813 stumps to be removed by contractor. Expenditure Required: TBD Source of Funds: Forestry Capital Improvement Funds This project is improving street right-of-ways and parks. Therefore it Policy Issue: supports City of Waterloo Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Alternative: N/A City of Waterloo has accumulated 813 stumps over the spring and summer months as a result of the emerald ash borer infestation in Waterloo. City Background Information: forestry crews need to continue ash tree removals as well as routine tree trimming and will not be able to remove these 813 stumps in an appropriate time frame. Legal Descriptions: N/A Page 26 of 259 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2018 FALL STUMP REMOVAL PROJECT The Waterloo Leisure Services Commission is seeking bids for 2018 FALL STUMP REMOVAL PROJECT. BID REQUEST Sealed bids are due 1:00pm, Thursday, August 23, 2018, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, August 23, 2018, at 1:00pm. Public hearing on the project will be conducted Monday, August 27, 2018, at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2018 FALL STUMP REMOVAL PROJECT All work to meet City of Waterloo codes. Questions, please contact Todd Derifield at 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 27 of 259 ii- t CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION E NOTICE OF PUBLIC HEARING a On Proposed Specifications and the 0 NOTICE TO BIDDERS ° for 2018 FALL STUMP REMOVAL PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, August 23, 2018, until 1:00pm., for the 2018 Fall Stump Removal Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2018 FALL STUMP REMOVAL PROJECT will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday,August 23, 2018, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services 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 2018 FALL STUMP REMOVAL PROJECT at 5:30 p.m. on MONDAY, AUGUST 27, 2018. 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 Leisure Services Commission office, 1101 Campbell Ave., 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 all labor and materials necessary to remove the designated stumps in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be from August 28, 2018 to a completion date of no later than December 31, 2018, unless inclement weather prevents completion of project. NOTICE OF PUBLIC HEARING page 1 of 3 Page 28 of 259 0 PROPOSALS SUBMITTED i All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid a lump sum price as shown on the Bid Form. 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 stump removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, 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. Y 1 CONTRACT AWARD The City shall award one Contract to the responsible Bidder whose bid, conforming to the Specifications and is most advantageous to the City and the Waterloo Leisure Services 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 Leisure Services 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 Bond, within ten (10) days after notification of acceptance of the bid, in the amount equal to one hundred percent (100%) 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 Actions 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. NOTICE OF PUBLIC HEARING page 2 of 3 Page 29 of 259 i. 1 METHOD OF PAYMENT TO CONTRACTOR 9. Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of stumps removed at the average contract stump price. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of stumps removed must agree with numbers recorded by the Leisure Services Commission. Payment(s) will be mailed to contractor. Payments shall be mailed to contractor as part of regular billing cycle. 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 52018 City of Waterloo, Iowa, Kelley Felchle, City Clerk NOTICE OF PUBLIC HEARING page 3 of 3 Page 30 of 259 i CITY OF WATERLOO, IOWA Waterloo Leisure Services 3 INSTRUCTION TO BIDDERS ii 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. IL PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. 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. INSTRUCTIONS TO BIDDERS page 1 of 3 Page 31 of 259 I� V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall 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. 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. VL MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY 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. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, 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 Leisure Services 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 Leisure Services 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 the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS page 2 of 3 Page 32 of 259 r 6 i 3 IX. 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 Leisure Services 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 by the City and the Waterloo Leisure Services. 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 Leisure Services for a refund. INSTRUCTIONS TO BIDDERS pag 3 of 3 Wage 33 of 259 i I i CITY OF WATERLOO, IOWA Waterloo Leisure Services 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 Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. 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 when required). 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 the Waterloo Leisure Services/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 the Waterloo Leisure Services/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. GENERAL CONDITIONS PAGE I OF 3 Page 34 of 259 d Fittinp,and Coordination of the Work I 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. 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 Leisure Services. 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. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and their equipment. The City forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Page 35 of 259 B 3 Liability Insurance 3 i 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. 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) $5,000,000.00 per person Aggregate, Products and Completed Operations $5,000,000.00 Property Damage $5,000,000.00 per accident Comp. Auto Bodily Injury $5,000,000.00 per person Property Damage $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$5,000,000.00 liability for bodily injury(including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. 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. GENERAL CONDITIONS PAGC 3 Or 3 Page 36 of 259 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION 0 SPECIFICATIONS ' for 2018 FALL STUMP REMOVAL PROJECT SCOPE OF WORK The Contractor shall provide all labor, equipment, and material necessary to remove the designated stumps in the city owned rights-of-way and city parks in accordance with these specifications. SPECIFICATIONS All stumps and exposed roots shall be ground out to a minimum of 12" below the surrounding soil surface. If there is a mound of soil around the tree stump, this mound shall be ground down level with the surrounding soil. Once the stump (and mound) is removed, it should not look like a tree was ever present at that site. Stumps may have sprouted growth since tree removal. It is the responsibility of the contractor to remove and dispose of this vegetative stump growth before grinding stumps. All wood chips, soil, and other debris created by grinding stump to appropriate level shall be disposed of by contractor. Loam soil (black soil) shall be supplied by the contractor and included in the contracted price. It shall be placed in the ground out areas to fill the voids. This soil must be free of large clods, rocks, and other debris. It shall also be raked level with the surrounding soil. Tree trunks or large limbs falling to the ground will occasionally cause holes or depressions during the tree removal operation. Contractor shall fill in these holes or depressions with the described soil above and seed as described below. SEEDING The new soil shall be seeded with a 50150 mix of Kentucky Bluegrass and Perennial Rye grass (80-90% germination). This seed shall be supplied by the contractor and included in the contracted price. LOCATING UTILITIES All utilities shall be the responsibility of the contractor to locate before any work is done on each and every stump location. MISCELLANIOUS It shall be the Contractor's responsibility to coordinate the removal of automobiles conflicting with the stump removals. It shall be the Contractor's responsibility to contact the local emergency services when major roads are fully or partially blocked for stump removals. Page 1 of Wage 37 of 259 COMPLETION DATE Stump removal project shall be completed by December 31, 2018, unless inclement weather prevents completion of project. e NOTIFICATION Contractor shall notify City Forester at Leisure Services office before entering Park locations. Due to scheduled events or ground conditions, contractor's request to enter a Park may be denied at that time. City Forester and Contractor will then determine a more suitable date and time of entering a Park to remove the specified stumps. DAMAGE PROTECTION All property damaged by the Contractor from the 2018 Fall Stump Removal Project is the responsibility of the Contractor to repair or replace at the Contractor's expense to return to the condition property was before contractor damaged. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission, The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Stump grinder or stump cutter Dump truck Skid loader, tractor, or other equipment with bucket Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this stump removal project. List the year, make and model of the equipment listed. STORAGE OF EQUIPMENT The City of Waterloo shall make no provisions for storage of contractor's equipment on city property. Page Z of 3 Page 38 of 259 is g: I' SIZE OF STUMPS Stump sizes listed are actually the Diameter at Breast Height (DBH) of the tree trunk before it was removed. This diameter of the tree was determined by wrapping a diameter V measuring tape (measuring inches) around the trunk at 4.5 feet from the ground before the tree was removed. Since many trees have a significant basal flare where the trunk meets the ground, the size of the stump will more than likely be larger than the listed DBH. The height of the stump will be 12"or less. If stump is taller than that it will be mentioned in the comments column of the stump list. LOCATIONS OF STUMPS Locations of stumps are in the city owned rights-of-way and city parks. A list of locations is attached, as well as aerial maps of park stump locations. EXTRA STUMP REMOVALS In the event there is sufficient funding, the city will consider the removal of extra stumps from trees that were removed after the stump removal contract letting. These stumps will be subject to the same specifications for removal as the original lump sum stumps. An appropriate completion date for extra stump removals will be determined after communications between the city and the contractor. Page 3 of 3 Page 39 of 259 Z OW E I Zone 1 W.Airline Hwy 000 i 10 1 I W Donald St E.Donald St Zone 9 218 Newell St � -e�wwww��rir " Zone 10 Matt,'l L«�ther ��NYrtrwwwN�� kin9 Jr Dr j University Ave 63 Zone 7 Zone 3 1� Zone 2 Zone 4 Zone 8 Zone 6 .... .,.. . W Ridgeway Ave w E.Ridgeway Ave _ «Y yr v 0 d� 20 Zone 5 MWO 218 W.Shaulis Rd E.Shaulis Rd g a; m M Page 40 of L9 3 u mump T ' +1 'N +1 Lu 'a) aD = -C � CL CL. CL E E E v .w .1 � Ul Lh Ln LU in n n n -0 -0 v a) ai Y LL. LL- LL.. 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Page 78mg&A ii � tl ry , J I � �rdG"M4s �✓�. �- �'� �, �� '�,a - ae.a�.�n,�3+�, r�')nYl�''i�r.�'rt,� �r 3 , X11 tl^" G EI.MI. n r �, of r4 K 6�fi�lf I f Y� N 1 � V y � " h 3 ^d y P 1 m I 440 Idd 0 , 45 r i A n � ' ry Page!q79of 9 ' A n I r > t y a r f s y A.� , r i �a w7 e 1 � i p i J a , i add r Page 80 of 19 M� w x �ypa Y n ;# yr wd ^ Y z ,ups e " I ) I � r L .. 9� r � Y i 4000� vlima H famm � i g w• LUr `, µ , Page 81 s � y • N : �� y W � u b, d Yv F t ZV N� k r L z: n Ldp. r. r` e "IL,w % v � Page OdOIW9 :. ■ "� � C+�v� .gam '`�ng� � � 5 Sk�, ,,�,�"��x.�w '� �m ,�, �� a b��°�'�. �rcx�`s- SSA �i✓ ,�✓ ��r� � i n 14 IMF' IN � K r a S � < '�. ¢�+ llu �`9E � '-. as ■L� � h�`r —�. � 4J �' '�s�r�s�� .� �_ ,rye � �` ■ � � � `y �,'�F s �, , � R �� ATM ,�� "� a '�i,� R' my5 ■ � ��''Rt �� x ,rrgq�rt r�r��.' �-i�c}�' �$� a� -AW➢y � v,a e; � ■ r �'� � �Vf�iY�i a iii �� Vic.i � ..--^.,�,�.-^�^ �a �' o ➢F j�rc s �I t ' ' .:� #c � ��x y' ., 4''"A�� x .�s'7��0 :' s .moi � •. nr t 3 a z X y ✓ IS d AY Y� r t qJ y his s a " "it" .t MR i o- ,fir �a rv�"�n�.",-'' °�' *z,y .r. ,i' s,�" � c ° ��✓ V a a � „ ar v � , A P" Y h ^ 7 9� f " 3x i Page8 159 I 3 I CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2018 FALL STUMP REMOVAL 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 Leisure Services Commission, 1101 Campbell Ave., 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 2018 FALL STUMP REMOVAL PROJECT, in accordance with the contract documents and for the lump sum price for the removal of the 813 stumps along City owned rights-oft-way and parks as listed in the attached documents for the following amount: TOTAL BID PRICE: Dollars ($ ) 2. In submitting this bid, the Bidder understands that the City reserves the right 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. BID FORM page 1 of 2 Page 85 of 259 i 3 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: Addendum No. Date: I I 1 I I 1 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s)to be used on this project to the City of Waterloo by 5:00 p,m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"or "NA". i 11. The bidder has attached all applicable forms. 12. 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. SIGNED: DATE: Name and,ritte BID FORM page 2 of 2 Page 86 of 259 i i STATEMENT OF BIDDER'S QUALIFICATIONS I (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa,) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9, Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications, STATEMENT OF BIDDERS QUALIFICATIONS YPageF67 of 259 r Dated this day of , 20 r U Name of Bidder P d 0 By: Title: State of ) u } ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of , 20 Notary Public My commission expires , 20 i 3 STATEMENT OF BIDDER'S QUALIFICATIONS P,agerW of 259 i g 6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, B as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars {$ lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the_day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney-In-Fact BID BOND PAGE l OF[ Page 89 of 259 Y 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 i S c a cs- cT.a�n cL.�wo rcv to Ts ore vvt�lh� ------ day of---------------------------- 2018. ---- ----------------------------- ------------------------------------- My ------------------------------------ u i Page 90 of 259 i y I NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR V State of ) B i ) County of } being first duly sworn, deposes and says that: L 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 2018 FALL STUMP REMOVAL 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; S. 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 Suhi-ora7e&av&wa-YwDo-beta re,mvielthik _____ day of ______________________ 2018. ------------------------------------ _____-----__________-_-______------ S Ona tu4-e, rite. My ey-p Urek----------------- ______ Page 91 of 259 y EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) i I 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: o 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 C. 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. 1 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 a Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNITY CLAUSE PACE I Or 2 Page 92 of 259 j i I i 3 1 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this I 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. 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 3 0 pu N EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 I Page 93 of 259 I CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION I CONTRACT foi 2018 FALL STUMP REMOVAL PROJECT This Contract for 2018 FALL STUMP REMOVAL PROJECT(the "Contract") is made and entered into on , 2018, by and between the City of Waterloo, Iowa(the"City"), and (the"Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing C. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g, Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten(10)days after the City issues a "Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. S. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Stump Removal Contract-Page 1 of 3 Page 94 of 259 i 3 City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the I City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and p prosecution of work, but if the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. S. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to,the following: unsatisfactory jab performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7)days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above,this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one(2 1) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attu: City Clerk Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii)three(3) business days following the date of deposit if mailed as stated above. u 0 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute u any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Stump Removal Contract-Page 2 of 3 Page 95 of 259 u 1 i '1 I 3 except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. y 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Dollars ($ ) IN WITNESS WHEREOF,the parties have executed this Contract for Stump Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Title: i Stump Removal Contract-Page 3 of 3 Page 96 of 259 CITY OF WATERLOO Council Communication Recominendation of appointment of Timothy Troyer, from the Civil Service list, to the position of Waste Water Operator in the Waste Management Services Department, effective September 4, 2018, pending successful completion of physical exam and drug testing. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date Wase Mannnauge nnennd 11oaarnrkurrecker, Steven Approved 8/8/2018 8:45 AM t.`Ilenp Office ppigby, Nancy Approved 8/8/2018 9.27 AM ATTACHMENTS: Description Type Job Desc.f-up"Bonn Backup Matelr"U Resumeand Coin ar t..,c.tte.rr forr C'ial. „t..,royerr Backup Mauterianll Peirsonnnd ptO]UiSkiorn 6'anirrnu 13aack up Maateriaull Mennen has " aaterrloo Mayor aurnatl (:'icy Canu.unc-ip ('.'over Ma.^aio Recommendation of appointment of Timothy Troyer, from the Civil Service SUBJECT: list, to the position of Waste Water Operator in the Waste Management Services Department, effective September 4, 2018, 12ending successful completion of physical exam and drugtesting. esting_ Submitted by: Submitted By: Steve Hoambrecker, Department Director, Waste Management Services Recommended Action: Request approval of appointment Summary Statement: The Human Resources Committee approved filling this position at their March 29,2018 meeting. Expenditure Required: $55,632.39 plus benefits. Source of Funds: Sewer fund Page 97 of 259 IIID SERVICE E N `EL LE ctrY OF WATERLOO,IOWA OPEN EXAM11NATION WASTE WATER OPERA'YOR DEPARTMENT WASTEAl' AGEI E'N T SERVIC ES SA1,ARY 525.75 per hour with St.00 increase after 6 month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGIAII I G UNIT: MUNICIPAL EMPLOYEES IJI)CAll-,#177 CENERAL STA`[EMENT OF DUTIES 1'eclurical position responsible f`or the overall operation and maintenance of`the Waste Water "treatment Plant and related facilities as assigned. Will be responsible; t`crr performing, operational tasks and duties to keep the wastewater plant in compliance with National Pollutant Discharge Elimination System ( lPDl.,'1S) permit compliance requirements. 'Fhe work is performed under the general direction of` the `treatmerut. Operations Foreman and 'Treatment.Operations Supervisor. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUN("""""TIONS 9. Works outside in all weather conditions; 0justrative Only works near and around mechanical, l"hese functions are considered essential for hydraulic and electrical hazards, noise level successful perf`orman.ce in this job classif icatic:rn. is loud; a,tmospl.uere may contain dust, infectious waste, toxic and explosive gases 'I'he essential fiunc:tions are perfionned according; to or unfavorable natural ventilation; visibility Standard Operating Procedures. "1"lie procedures have might be poor and mobility limited. been developed 1`or the local jurisdiction based on generally accepted standards for wastewater 10. Performs all work duties and activities in treatment facilities. accordance with City policies, procedures and 0SHA, City and Waste Management 1. Mapes operational decisions and ad'instmen:ts Services sal'ety rules and regulations. to insure compliance with NPDFI'S permitted requirements. 1 l. Perfornis all other related duties as assigned. 1 Collects samples f:or routine lab testing. REQUIRED KNOWLEDGE & A1311-THES 1. Understands concepts of" waste water 3. Records and logs various operational data.. treatment and has the ability to utilize that experience to mike operational decisions to 4. Monitors and trouble shoots plant eclt,uipment maintain system compliance:. makings operational adjustment via plant supeiwisory control and data acquisition 2. ability to make simple mathematical (SC AD ) system.. calculations to make operational adju;;tmcnts as necessary. 5. Deports creed for major equipment repairs. 3. Ability to assess complex operations problems and make decisions based on (i. l,if"ts and carries weights up to one hundred standard operating procedures. pounds with assistance as needed. 7. Drives light and heavy-duty equipment as 4. Ability to understand and hollow oral and assigned. written directions. ll. Perfornis safety standby duties when others are working; in confined spaces. 5. Ability to prepare written reports, complete forrris and perform required recpAie rr 259 performance criteria. Must be able to obtain 6. Mechanical aptitude. a Class A or B Commercial Drivers License within 6-month probation. A candidate with 7. Ability to operate utility vehicles, dump any ofthe following will not be considered trucks and other autornotive and ground for employment: loss of license for any i.xiainteriance equipment under all types of reason during the period of candidacy for weather conditions. employment, if the candidate remains without a valid, current license for the 8. Ability to work in confined spaces arid at position when the City issues an offer of considerable heights. employment; loss of license, plea of guilty, plea of no contest or its equivalent or 9Ability to complete daily work sheets and conviction ror OWI, reckless driving or keep thorough operations logs and other major moving violation within the maintenance records. previous five years; four or more citations for rrioving violations within the previous 10. Ability to communicate effectively arid three-year period, excluding speeding maintain working relationships with other violations of 10 mph or less over the posted City employees and supervisors. speed limit; three or more citations for rnoving violations within the previous one. I I Ability to work with people from a broad year period. After appointment to the variety of social, economic, racial, ethnic position, disciplinary action or continuing and educational backgrounds, employment status may be reviewed for the following: four or more moving violations ACCEPTABLE EXPERIENCE & TRAINING within the previous three years, three oi- I High school graduate/equivalent with work more moving violations within the previous experience in one or more of the 1`61lowing. one year or loss of license or conviction for (a) operations or maintenance in a water OWI, reckless driving or other major or wastewater organization; moving violation within the previous IlVe (b) formal education in environmental years; two or rnore at-fault accidents within science; a three-year period while driving on City (c) operational or established skill in business. An applicant"s driving record will purnping,or n'iechanical systems, be reviewed prior to an offer of employment and at least annually after hire. Work experience must be verifiable. OR 5, Must be trained regarding Permit Required Any equivalent combination of education and Confined Space Program as required by experience that provides the knowledge, skills department head and abilities necessary to perform the essential functions of the position effectively ESSENTIAL PHYS'ICAL ABILITIES The following physical abilities are required with or 2. fret once given to candidates with advanced without accommodation. eCIUCatiO11, especially those with Iowa waste water treatment certification. 1.. Sufficient strength to perform assigned tasks inchidiiig but not limited to lifting and 2. Able to obtain State of towa Waste Water carrying up to one hundred pounds with Operator Grade I Certification within I year assistance as needed or to move barrels of employment and Grade 2 within 3 years weighing up to five hundred Pounds with of ernploynient; able to maintain proper equipment. certification - failure to obtain and maintain 2, Sufficient physical and mental stamina to these certifications as indicated will result in work double shifts during flooding or other termination of employment. weather emergencies. 1 lowa Driver's License and good driving 3. Sufficient speech and hearing that perinits, the record based on City of Waterloo driver employee to communicate el"ectiv Page`6b 6DAbg coworkers and supervisors over the telephone or a radio, 6. The (,".ity of Waterloo reserves the right to conduct a background investigation including 4. SUffiCiCut personal mobility that permits the education, employment and criminal history eniployee to operate large arid small vehicles checks on any applicant being considered for in all types of weather, move from one waste this position treatment facility to another and work in cramped spaces or difficult to reach areas, 7. Must submit to and pass Civil Service oral examination. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered WORK SCHEDULE equipment; ability to grasp/grip tools, Scheduled shift is generally 71.00 a.in.-3:00 p.m. with switches and valves, a twenty-minute paid lunch and rotating weekends. Subject to emergency call or- longer shills during 6. Sufficient depth perception, peripheral vision flooding or other emergency conditions. and color vision to work around machincr�,, operate equipment and identify indicator EXAMINATI(')N INFORMATION lights on control panels, Qualified applicants who apply by the deadline date will be required to appear before Orn oral examination T Sufficient hearing to diagnose machinery panel consisting of a Minimum cif three people who problems and to communicate with have expertise in the areas being tested. An coworkers. individual must, receive a minimum average score of sixty points out of one hundred to achieve a passing MISCIELLANEOUS score on the oral examination. The top applicants, as L Must wear personal protective equipment ranked by their scores on the oral examination will be whenever and wherever necessary such as the individuals placed on the certified list. Applicants safety shoes, safety glasses., hardhat, hearing who quality as outlined and are fall time regular protection, respirator arid gloves, employees of' the City of Waterloo shall have one additional point per full year of employment up to a, 2. Must wear standard unif'orm as supplied by maximum of five points added to their final score, City Honorably discharged men and women from the military or naval forces of the United States who 3. Must comply with City of Waterloo qualify per provisions of Chapter 35 of the Code of' Residency policy lbr Critical Employees Iowa and who are citizens and residents ofthe I Jnited (physically reside within ten-mile radius of States shall have five additional points added to their Waterloo City hall-will be given reasonable final score upon submission of their DD 14 or ten compliance period as determined by points added ifthey were awarded a purple heart or department head). Must maintain a local have a service connected.disability. telephone number in order to be contacted during emergencies. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline (late 4. Must subniit to Department of Transportation will be notified of the time, place and date of' the requirements including pre-employment, exarnination, post-accident, reasonable Suspicion, random A.AJE E.O. and return-to-duty/lbIlow-up alcohol and drug Minority, fernale & disabled individuals are testing, encouraged to apply. 5. The City of Waterloo requires a physical WASTE NVATER OPERA VOR DES(AIPTION 18 March 2018 examination by a physician of the City's choice, including a drug test, to determine if ,in applicant is capable of performing the essential functions of this Job classification, Failure to pass these tests will result in withdrawal of employment offer. Page 100 of 259 TIM TROYER April 26, 2018 To Whom If May Concern: I am writing to apply for the Waste Water Operator position of the City of Waterloo. I believe my experience combined with my drive for perfection make me a strong candidate for this position. With several years of working with the public, compiled with the ten years at the City of Cedar Falls in lift station maintenance (3yrs) and Lab Technician (7yrs) I believe I would be a great addition to your team. I would welcome the opportunity of working with my hands and utilizing my experience. Though my grade 11 certification had expired I am happy to report that I am grade I certified as of April 261h, 2018. Thank you very much for Your time. I look forward to talking with you further about this opportunity. Sincerely, Tim 'rroyer 1304 Oak Park Blvd go-% Cedar Falls, 1A 50613 tibrosco@outlook.com 319.505.7647 Page 101 of 259 TIYE R PROFESSIONAL PROFILE 1304 Oak Park Blvd /d, With several years of sales experience, I truly enjoy the sales Cedar Falls, IA 50613 challenge and daily interaction,with people. However, I Icontinue to gravitate to my previous 10 years of tibrasco@outlook.com f 1 maintenance and Lob Technician experience at the City of Cedar Falls. I enjoy working with my hands and the 319.505.7647 satisfaction if gives me. SKILLS EXPERIENCE Project Management SALES REPRESENTATIVE Problem Solving Harrison Truck Centers, Elk Run Heights 1 2014-current Responsible for spec'ing and selling Class 8 tractors while generating personal sales leads and Knowledge/Experience: continually increasing sales goals Waste Water Operator SALES REPRESENTATIVE Grade I Certified, ACES, Cedar Falls 1 2011- 2014 Former Lob Technician; Cultivated multiple accounts from private Electrical; Plumbing; businesses to government entities Commercial Driver's SALES REPRESENTATIVE License Class A PCA, Conrad 1 2008 - 2011 • Managed sales territories in parts of IA, IL and MO • Central Iowa leader in new accounts acquisition EDUCATION SALES MANAGER LABORATORY SYMPOSIUMS Kryton, Cedar Falls 1 2007 - 2008 University of Iowa I Iowa City, [A * Researched new proprietary items for production LABORATORY ANALYSIS WORK SALES REPRESENTATIVE Iowa State University J Ames, IA Hawkeye Corrugated Box Co., Cedar Falls 1 1996- 2007 * Identified needs and helped design new DIPLOMA packaging to new and existing customers West High School I Waterloo, IA REFERENCES RELEVANT EXPERIENCE Craig Schmeiser 319-575-8525 MAINTENANCE & LABORATORY TECHNICIAN Lyle Krueger 319-268-1082 City of Cedar Falls 1 1980- 1990 Page 102 of 259 PERSONNEL UI T N FORM EASCEIVED MAR ZZ2018 Checkas applicable: To start recruiting or civil set-vice process and/or To till a vacancy 0 Active Civil Service List Expires: A proposed yob description and questionnaire must accompany this form at time of 4;4py Human Resources. sk'#7k 9r9+^###S¢#M;it�'ek#+r###4e##'###ak###st rk###^#ak drir k###^kir############•r:###########'k'#fir###:F k#^ir######dr#########9e### Position Title: ".Nate Water QpgEq:>r _..__ Department: Waste[vlaranerrzcnt._Ssvices_...___ _ deports`I"o: Irian Bowman_ � Work Location: 305 Easton Ave j-'AMploment tattrs: Regular lar pull `I"ime ( Temporary gull Time Born to __ ... Regular part Time Temporary PartTime from _...__._.._ to E] Regular 7-Month ) Intern/Co-op Student from to 1. p of`li�gsition: 1rtt�eccrmmendr�c�_Recruitment;Sources: Civil Service Position: E Yes E]No 1 Internal Posting Only Bargaining Position: E Yes (-] No 0 Internal Posting and External Advertising Bargaining Group: .,_1.7"7 Non-bargaining Position: D Yes E No Complete the following if the requisition is to fill a vacancy: �] New Position or Z Replacement Position for Dan Vatal.� (�perator.M._._-..,...... (Specify fC `u "'of t`imer incumbent) [date incumbent terminated employment; 01.031/1,.8 fate of final payout: 03/02/,18 Anticipated start date: ASAP-05/01/18 No. of hours/week: 40 Work schedule: 7-3 Justification of need for position: Minumum staffing requirements were established to operate the Waste Management Plant and we are currenly below that level. What are the likely consequences if the position is not filled? More overtime, not meeting our minium staffing reaqurements. Efficiencies ofthe operational requirements would be effected. AITROVALS Atintzal sa.laty requirements: _ hourly Rate; ...._...... Benefits: __._..,_._.._.. (Payroll taxes,pension,health ins._msurning family) 1s position budgeted for this and future I`Ys Yes [_]No If no, how will position be ftarrcfed`? Approved subject to the following conditions snit. n.g I.epartK 4 t.t-te Da May rate ChiC^itancal()macer [)ateIuntas7 esources I3irectar Date __ ..__.._. i-c .__ ...___ air- .rs __,_._-_.______..__._____ __...�.. [{umar��ecturces(:o�rarttsttec;Chairperscrrx Cate Created 8/7/2014 Page 103 of 259 CITY OF WATERLOO, IOWA, WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. •Waterloo, IA 50702 • (319) 291-4553 • Steve Hoam►brecker, Director August 8, 2018 Memo to Waterloo Mayor and City Council. RE: Resolution, approving Tim Troyer, Wastewater Operator, Waste Management Services Background Discussion Waste Management has 6 full time wastewater operator positons budgeted and had two vacancies due to the retirements of Dan VanEe and Rick Mild. Both positions were approved by the internal Personnel Requisition Committee. The position was advertised with 29 candidates applying. Seven candidates were selected for interviewing based upon their credentials, with five of those candidates being interviewed. All five of those candidates were approved by the Civil Service Committee on May 31, 2018. Previously council approved filling one of the vacant positions with Nolan Ramusson on.lune 11, 2018. Tim Troyer has previous wastewater experience with the City of Cedar Falls and has been selected from the approved Civil Service list to fill the final open approved vacancy. If approved by the Waterloo City Council, he is available to start on September 4, 2018, depending upon successfully passing a physical and drug screening. This is an essential position in the Waste Management Services Department. Recommended Action it is recommended that the city council approve the associated resolution to approve the appointment of Tim Troyer for the waste water operator position in Waste Management Services Department. Page 104 of 259 CITY OF WATERLOO Council Communication Development Agreement with Dahlstrom Real Estate, LLC, to authorize the sale and conveyance of a portion of City owned property, generally located east of 2535 Midport Boulevard, in the amount of$1.00. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date Plar)rnpabg& Zona iigp; Seliroeder, A.rie C prp)roved 8/8/2018 .. 9.56 AM (' errk Office p^"verrm, 1-e meas Apr)roved 8/8/2018 :11a AM ATTACHMENTS: Description Type p::)evelopnient A.grceirnerit 13adaiirp:b Ma te6a .croaip 11hoto Ba:ckiarpb Materiae Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned propea generally located east of 2535 Midport Boulevard, to Dahlstrom SUBJECT: Real Estate, LLC, in the amount of$1.00, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Dahlstrom Real Estate, LLC, for the construction of a new 200,000 square foot warehouse, with an estimated new taxable value of$8,022,830, with 10 years at 50% tax rebates, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve Development Agreement The City has been working with Dahlstrom Real Estate LLC on a project to construct a 200,000 square foot warehouse on land the city recently acquired Summary Statement: from the FAA. The minimum assessed value for the building will be $8,022,830.00 and will receive rebates for 10 years at 50% on any added taxable value to the property. Expenditure Required: Rebates/Land Source of Funds: Midport TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Page 105 of 259 Alternative: Not approve MIDPORT AMERICA PARK PLAT NO. 3 LOT 20 and UNPLATTED WATERLOO EAST PART SEC 4 T 89 R 13 BEG AT INTERS NLY ROW LINE W AIRLINE HWY& WLY ROW LINE WAGNER RD TH N 600 FT TH W 3300 FT TH S TO NLY ROW Legal Descriptions: LINE ICG RR TH SELY ALONG NLY LINE RR ROW TO NLY ROW LINE W AIRLINE HWY TH ELY ALONG SAID ROW LINE TO PT OF BEG & THAT PART SE SW SEC 4T89R 13 LYING S OF IC RR EXC WLY 875 FT & EXC STREET AND EXC THAT PART PLATTED TO MIDP0RT AMERICA PARK PLAT NO. 1 AND NO. 2 AND NO. 3 Page 106 of 259 Prepared by Christopher S.Wendland P.Q. Box 596 Waterloo IA 50704 Phone 319 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2018 by and between Dahlstrom Real Estate LLC (the "Company") and the City of Waterloo; Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct buildings and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, consisting of approximately 17 acres and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall Page 107 of 259 have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a warehouse facility of 200,000 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. Company must obtain a building permit and begin construction within six (6) months from the date of this Agreement (the "Project Start Date") and substantially complete construction within 12 months thereafter (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as may be provided in this Agreement, provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 2 Page 108 of 259 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Reserved. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of$8,022,830 (the "Minimum Actual Value"), through: 3 Page 109 of 259 (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. 9. Tax Rebates. Provided that Company has completed the Improvements asset forth herein and has executed the Minimum Assessment Agreement asset forth above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Ten 50% rebate each year for any taxable value over the January 1, 2018 value of$22,830 for parcels 8913-04- 476-006 and 8913-04-476-007. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order orjudgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 Page 110 of 259 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City 5 Page 111 of 259 may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 604 Clay Street, Cedar Falls, Iowa 50613, facsimile number 319-483-6806, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 6 Page 112 of 259 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 7 Page 113 of 259 CITY OF WATERLOO, IOWA Dahlstrom Real Estate LLC By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Bre Dahlstrom 8 Page 114 of 259 EXHIBIT "A" Legal Description of Property MIDPORT AMERICA PARK PLAT NO. 3 LOT 20 and UNPLATTED WATERLOO EAST PART SEC 4 T 89 R 13 BEG AT INTERS NLY ROW LINE W AIRLINE HWY&WLY ROW LINE WAGNER RD TH N 600 FT TH W 3300 FT TH S TO NLY ROW LINE ICG RR TH SELY ALONG NLY LINE RR ROW TO NLY ROW LINE W AIRLINE HWY TH ELY ALONG SAID ROW LINE TO PT OF BEG &THAT PART SE SW SEC 4 T 89 R 13 LYING S OF IC RR EXC WLY 875 FT& EXC STREET AND EXC THAT PART PLATTED TO MIDPORT AMERICA PARK PLAT NO. 1 AND NO. 2 AND NO. 3 ,I Page 115 of 259 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2018, by and among the CITY OF WATERLOO, IOWA ("City"), Dahlstrom Real Estate LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project: only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows.- 1. ollows:1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $8,022,830 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before March 31, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 116 of 259 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Dahlstrom Real Estate LLC By: By: Quentin M. Hart, Mayor Title: 6yWVV V?-- By: 2By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss' COUNTY OF BLACK HAWK ) On this day of , 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 117 of 259 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK } Subscribed and sworn to before me on 2018 by OWL- Yb1)"' as �I��Q,i� of Dahlstrom Real Estate LLC. JILL L I(RAAYEN.0RINK •� MM C mmissim Expi es 7 ` Jul 29.2019 N ry FUlic. 3 Page 118 of 259 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Eight Million Twenty Two Thousand Eight Hundred Thirty Dollars ($8,022,830) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK } Subscribed and sworn to before me on , 2018 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public i Page 119 of 259 City of Waterloo Planning, Programming and Zoning Commission July io, 2M8 r iry � I �/i r It✓til rr�wri//r.frw, a JI,�"�l O�J"D`�% 1 if, / arnnn'r` r/ Location of Proposed Building o I� / , � r mw•I I 1 ;,''�3u r�9r�lYlr,,., �m�. r�aa�ni ,. ,:@,. ,✓ tip. N West of 3050 Wagner Road w E Site Plan Amendment to "M-2,P" s Brent Dahlstrom 250 125 0 250 0 � Feet Page 120 of 259 CITY OF WATERLOO Council Communication Resolution approving the City of Waterloo Identity Theft Prevention Policy. City Council Meeting: 8/13/2018 Prepared: 8/8/2018 REVIEWERS: Department Reviewer Action Date Clerk Office i ell lle, Kelley Approved 8/8/20 8 ... tl tl-33 A ATTACHMENTS: Description Type F'oa icy 13aac°ka.tp l aamlaai SUBJECT: Resolution approving the City of Waterloo Identity Theft Prevention Polio Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. This policy establishes how the City of Waterloo will protect its employees, contractors, customers and the organization from damages related to the loss or misuse of sensitive information. This policy will define sensitive information, describe the physical security of data when it is printed on paper, and describe the electronic security of data when it is stored and distributed. This policy enables the City of Waterloo to protect existing customers, Summary Statement: reduce the risk from identity theft and minimize potential damage to the company from fraudulent new accounts. The program will assist in the following: 1. Identifying risks that are potentially fraudulent within new or existing covered accounts. 2. Detect risks when they occur in covered accounts. 3. Respond to risks to determine if fraudulent activity has occurred, and then act accordingly if fraud has been attempted and committed. Page 121 of 259 City of Waterloo Identity Theft Prevention Policy Implementation Date: 1. INTRODUCTION 1. Purpose A. This policy establishesthe Cityof Waterloo will protect its employees, contractors, customers and the organization from s related to the loss or misuse of sensitiveinformation. This policy will define sensitiveinformation, describe physical security of data when it is printed on paper, and describe the electronic security of data when it is stored n istri u . B. This policy enables the City of Waterloo to protect existing customers, reduce the risk from identity t and minimize potential damage to the company from fraudulent new accounts. The program will assist in the following: 1. Identifying risks that are potentially fraudulent within new or existing covered accounts. 2. Detect risks when they occur in covered accounts. 3. Respond o risks to determineif fraudulent activity has occurred, and then act accordinglyif fraud has been attempted and committed. 2. Scope This policy applies to all employees who are exposed to identity theft risks. 11. POLICY GUIDELINES 1. Sensitive Information Policy Sensitive information includes the following items, whether stored in electronic or printed format: 1. Credit card information (e.g., credit car numbers—whole or part; credit car expiration as; cardholder a e ; cardholder adresses). . Tax identification information numbers (e.g., socialsecurity numbers; business identification numbers; employer identification numbers). 3. Payroll information (e.g., paychecs; aystu s). 4. Cafeteria plan check requests and associated paperwork. 5. Medical infor ain for anye toee or customer (e.g., doctor names and claims; insurance claims; r scrip ions; any related rsonl medical information). 1 Page 122 of 259 6. they personal information of a customer, employee or contractor (e.g., dates of birth; addresses; phone numbers; maiden names; names; customer numbers). 2. Hard Copy Distribution ache loee and contractor performing work for the it of Waterloo will comply with the following storage rules: 1. File cabinets, desk drawers, overhead cabinets and other storage areas containing sensitive information will be locked when they are not in use. 2. Storae rooms containing sensitive information and record retention areas will be to( 9 at the end of each workday or when unsupervised. 3. Desks, workstations, work areas, printers, fax machines and commonly-shared work areas will not contain sensitive information documents when they are not in use. 4. Whits boar ds, dry-erase boards and writing tables in common workspaces will be erased or removed when they are not in use. 5. When sensitive information is discarded, it will be laced in a locked, shred bin or immediately shredded. Locked shred bins shout labeled "Confidential paper shredding and recycling." 3. Electronic Distribution A. ache lee and contractor performing work for the City of Waterloo will comply with the following: 1. Internally sensitive information may be transmitted using only approved company email. 2. All sensitive information must be encrypted when stored in an electronic format. 3. All sensitive information that is sent externally must be encrypted and password protected, and can only be sent to ap rove recipients. There should also be a disclaimer statement accompanying message outlining the confidentiality of the message. B. All affected employees will do the following: 1. Integrate the provisions of this policy into their daily activities as applicable. 2. Follow all training, instructions, and directives relative to this policy. 3. Seek clarification whenever there are questions concerning the application ofthis policy into it operations. 11. IDENTITY THEFT PREVENTION PROGRAM 1. Red Flags A. The following red flags may indicate fraud. Any time a red flag or situation resembling a red flag becomes are , notify your supervisor for verification and investigation: 1. Alerts, notifications or warnings from a consumer reporting agency. 2. A fraud or active duty alert included in a consumer report. 2 Page 123 of 259 3. A notice of a credit freeze from a consumer reporting agency in response to a request. 4. A notice of an address discrepancy from a consumer reporting agency as defined by the Fairness and Accuracy in Credit Transactions Act. B. Consumer reports may also indicate a pattern of activity that is inconsistent with the history and usual pattern of the account, such as the following: 1. A recent and significant increase in the volume of inquiries. 2. An unusual number of recently established credit relationships. 3. A material chanTe in the use of credit, especially with respect to recently established cre it relationships. account that was closed for cause oridentified fora use of account privileges by a financial institution or creditor. 2. Suspicious Documents The following documents may be suspicious: 1. Those provided for identification that appear to have been altered or forged. 2. Photograph or physical description on the identification is not consistent with the appearance of an applicant or customer presenting the identification. 3. Information on the identification is not consistent with information provided by the person opening a new account or customer presenting the identification. 4. Information on the identification is not consistent with information on file with the it of Waterloo, such as a signature card or a recent check. 5. An application that appears to have been altered or forged, or gives the appearance of having been destroyed or reassembled. 3. Suspicious Personal Identifying Information The following information may be suspicious: 1. Personally identifying information provided is inconsistent when compared against external information. 2. Personally identifying information provided is associated with known fraudulent activitlas indicated by internal or third-party sources used by the City of Watery(oo. 3. Persona%identifying information provided ist ical of fraudulent activity, as ly indicated y internal or third-party sources use Tby the City of Waterloo. 4. The socials crit er provided is the same as that submitted by others opening an account or other current customers. 5. The address or phone number provided is the same as or similar to the address or phone number submitted by a large number of other customers opening accounts. 6. The customer or person opening the account fails to provide all required personally identifying information on an application or in response to notification that the application is incomplete. 3 Page 124 of 259 7. Personally identifying information provided is not consistent with the personally identifying information that is on file with the City of Waterloo. 8. When using security questions, the person opening the covered account or customer cannot provide authentication. 4. Responding to Red Flags Once fraudulent activity is detected, anemployee must act quickly to protect customers from damages and losses and do the following if potentially fraudulent activity is detected: 1. Gather all related documentation and write a description of the situation. Then, show this information to your supervisor. 2. The supervisor will complete the appropriate additional authentication to determine whether the attempted transaction was fraudulent. 5. Updates to the Plan periodic intervals, the program will be re-evaluated to determine whether all asp�cts of the program are up-to-date and applicable in the current business environment. B. Periodic reviews will include an assessment of accounts covered under the program. C. Red flags may be revised, replaced or eliminated as part of the review. In addition, new red flags may be added. D. The actions established when fraudulent activity is discovered may need to be revised to reduce damage to customers or the City of Waterloo. 6. Training A. Training shall be performed for is employees and contractors who may reasonably come in contact with accounts or personally identifiable information that poses a risk to the City of Waterloo or its customers. B. to may receive additional training in all elements of the policy on an annual basis. C. Employees may continue to receive trainings, as the program is changed. 4 Page 125 of 259 CITY OF WATERLOO Council Communication Resolution approving a Memorandum of Understanding with the Iowa Department of Administrative Services State Accounting Enterprise for participation in the Income Offset Program, and authorize Mayor to execute said document. City Council Meeting: 8/13/2018 Prepared: 8/8/2018 REVIEWERS: Department Reviewer Action Date (' erk Office 1°dcllfle, Ka fley Approved 8/8/2018 � �: � AM ATTACHMENTS: Description Type M()IJ Backup Ma te6a Presernta tt on Ba:ckiiip 1 a tei[.W Resolution approving a Memorandum of Understanding with the Iowa SUBJECT: Department of Administrative Services State Accounting Enterprise for participation in the Income Offset Program, and authorize Mayor to execute said document. Submitted by: Submitted By: Kelley Felchle, City Cleric Recommended Action: Approval. The city is required to enter into a memorandum of understanding with the Department of Administrative Services to participate in the Income Offset Program. Participation would create a new avenue for the Fire Department Summary Statement: to collect on delinquent ambulance payments. Delinquent payments are currently collected and will continue to be collected by a collection agency. Please see the attached memorandum of understanding and power point presentation for more information on Income Offset. Page 126 of 259 MEMORANDUM OF UNDERSTANDING between The Iowa Department of Administrative Services State Accounting Enterprise and City of Waterloo, Iowa for Participation in the INCOME OFFSET PROGRAM SECTION 1. Identity of the Parties. The parties to this Memorandum of Understanding (MOU) are the Iowa Department of Administrative Services, State Accounting Enterprise (DAS/SAE), and City of Waterloo, lows (Public Agency). SECTION 2. Purpose. The purpose of this MOU is to set forth the terms and conditions between DAS/SAE and Public Agency for reimbursement of offsetting liabilities owed to Public Agency as authorized in Iowa Code section 8A.504 and 11 Iowa Administrative Code(IAC) 40, et seq. SECTION 3. Eligibility. To be eligible for offset, both the debt ("debt" means the liability owed to the Public Agency by a member of the public), and the claim ("claim" means the liability owed by the Public Agency to a member of the public), shall be in the form of a liquidated sum due, owing and payable. All applicable remedies with regard to such a debt and claim must be exhausted or the time frame for exhaustion must have expired as a condition precedent for eligibility to participate in the offset program, provided in 11 IAC 40.3 (3). SECTION 4. Compensation. 4.1 Fee. The parties agree that in exchange for participation in the offset program, DAS/SAE shall charge a fee of seven dollars ($7.00) (the "fee") to the Public Agency to which the debt is owed for each individual debt that is placed in the offset program. The fee is to recover costs incurred by DAS/SAE in administering the offset program. 4.2 Deduction when Debt is Offset. If a debt is offset by DAS/SAE under this program, the fee will be deducted from the gross proceeds collected through offset. The fee will be charged for each individual offset event related to an individual debt, 4.3 Billing upon Termination. Following written notice of termination of this MOU, as provided in Section 7 below, DASISAE shall be entitled to compensation. DASISAE shall submit an invoice and proof of claim to the Public Agency within sixty (60) days of the receipt of the written notice of termination as required under Section 7 below. 4.4 Fee Review. DASISAE shall periodically review the costs of administering the offset program. Per Section 9.2 of this MOU, proposed adjustments to the specified fee shall require an amendment. i' is Page 127 of 259 Meinoranduin of Understanding SECTION 5. DAS/SAE'S Responsibilities. 5.1 Offset of Debt. DAS/SAE shall offset liabilities owed to Public Agency by implementing an offset program for Public Agency, developed and managed by DAS/SAE in accordance with Iowa Code chapter 8A and 11 Iowa Administrative Rules 40. 5.2 Compliance with AGA. DAS/SAE will comply with the Accountable Government Act, Iowa Code chapter 8E, in the performance of this MOU. 5.3 Refund of Balance after Offset. Before issuing an authorized payment to a debtor, DAS/SAE shall request verification of the claim pursuant to subrule 40.5. If notification is not made to DAS/SAE by the Public Agency within forty-five (45) days, the amount of the payment shall be released to the debtor or entity. DAS/SAE will apply the offset to the debt only after the Public Agency has notified the debtor as prescribed in subrule 40.4(4). DAS/SAE shall then refund any balance amount due from the Public Agency to the debtor or entity. SECTION 6. Public Agency's Responsibilities. 6.1 Offset Eligibility Program. The Public Agency shall be responsible for developing and maintaining a system for reporting debts eligible for offset and any subsequent claims associated with those debts as required under Iowa Code section 8A.504 and 11 IAC chapter 40 to DAS/SAE at Public Agency's expense. 6.1.1 Minimum Debt Amount. Before a debt may be placed into the offset program, the amount of a debtor's original liability must be at least $50, except when the source of the claim is a tax refund or tax rebate, in which case the debt may be as low as $25. 6.1.2 Debtor's opportunity to challenge placement of debt in offset program. Before a debt may be placed into the offset program, the Public Agency must have: a. Made a good faith effort to collect the debt through other means; b. Provided the debtor advance notice that the debt will be placed in the offset program if not paid when due; and c. Provided a formal or informal opportunity for the debtor to challenge placement of the debt into the offset program, as described in 11 IAC 40.3(4). Page 2 of 6 Page 128 of 259 Memorandum of Understanding 6.2 Formatting Requirements of Debtor Lists. The Public Agency shall provide the list of debtors it wishes to place into the offset program in a format and type prescribed by DAS/SAE. 6.3 Proof of Liability. Public agencies may only place debts into the offset program if the debts are legally enforceable. To establish enforceability the debt shall have been confirmed by mutual agreement of the parties or have been reduced to a final judgment or final agency determination that is no longer subject to appeal, certiorari, or judicial review, or has been affirmed through appeal, certiorari, or judicial review. 6.4 Notification of Changes. The Public Agency shall notify DAS/SAE within I thirty(30) calendar days of any changes in the status of a debt to the state. 6.5 Semi-Annual Certification. The Public Agency shall provide on at least a semi-annual basis, certification of the liability file as prescribed by DAS/SAE. 6.6 Debtor Notification. The Public Agency shall comply with 1I IAC 40.4 when sending notifications to the debtor under this MOU which shall occur within ten (10) calendar days from the date Public Agency was notified by the DAS/SAE of a potential offset. 6.7 Payment of Residual Funds to Debtor. It is the responsibility of the Public Agency to reimburse the debtor for the difference between the amount of liability payable and the amount of the claim payable to the debtor. 6.8 Appeal Process. The Public Agency must provide an appeal process for debtors to challenge each offset after debtors are notified of a potential offset event. The appeal process shall include notice to the debtor and an opportunity for the debtor to contest the amount of the debt through a contested case procedure under Iowa Code chapter 17A or a substantially equivalent process, in accordance with Iowa Code section 8A.504(2)(f) and 11 IAC 40.4(6). SECTION 7. Termination. This MOU shall remain in full force and effect until terminated or cancelled for convenience by written notice of the party wishing to cancel the MOU. Each party agrees to provide the other party with a sixty (60) day written notice of any intent to terminate this MOU. Either party may terminate without advance notice to the other at any time upon a material breach of the Agreement, or violation of Iowa Code section 8A.504 or 1 I IAC chapter 40. SECTION 8. Confidentiality of Information. Information shared between DAS/SAE and the Public Agency shall be deemed confidential pursuant to Iowa Code section 8A.504(2)(b) and shall be disclosed only to the extent necessary to sufficiently identify the debtor(s) liable to the public agency. Identifying information is to be used only for the purpose of participation in the offset program. Page 3 of 6 Page 129 of 259 Memorandum of Understanding SECTION 9. MOU Administration. 9.1 Compliance with the Law. The parties, their employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing services under this MOU, including without limitation, all laws applicable for the prevention of discrimination in employment and the use of targeted small businesses as subcontractors or suppliers. The parties, their employees, agents and subcontractors shall also comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the activities performed under this MOU. 9.2 Amendments. This MOU may only be amended in writing by mutual consent of the parties. All amendments to this MOU must be in writing and fully executed by the parties. 9.3 Third Party Beneficiaries. There are no third party beneficiaries to this MOU. However, this MOU is intended to benefit the citizens and governments in the State of Iowa as well as DAS/SAE and Public Agency. 9.4 Assignment and Delegation. This MOU may not be assigned, transferred or conveyed in whole or in part without the prior written consent of the other party. For the purpose of construing this clause, a transfer of a controlling interest in Public Agency shall be considered an assignment. 9.5 Integration, This MOU represents the entire MOU between the parties regarding participation in the offset program. The parties shall not rely upon any representation that may have been made which is not included in this MOU. 9.6 Headings or Captions. The paragraph headings or captions used in this MOU are for identification purposes only and do not limit or construe the contents of the paragraphs. 9.7 Supersedes Former Agreements. This MOU supersedes all prior Agreements between the parties for services regarding participation in the offset program. 9.8 Notice. Notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing which shall be addressed to each party as set forth as follows: If to DAS/SAE: Jay Cleveland, Chief Operating Officer Department of Administrative Services—State Accounting Enterprise 1305 East Walnut Street Hoover State Office Building, Level 3 Des Moines, IA 50319 Page 4 of 6 Page 130 of 259 Memorandum of Understanding If to Public Agency: Kelley Felchle, City Clerk Authorized Representative 715 Mulberry Street Mailing address Waterloo, Iowa 50703 City, State, Zip Code If a party changes its designated person andlor address hereunder, such change shall be in writing as provided herein. 9.9 Severability. If any provision of this MOU is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this MOU. 9.10 Non-Appropriation. In the event a non-appropriation, de-appropriation, or other legislative or gubernatorial action significantly impairs DAS/SAE'S budget or ability to perform the terms of this agreement, DAS/SAE may immediately terminate this Agreement, 9.11 Indemnification. The following indemnification provisions shall apply to Public Agencies that are not agencies of the State of Iowa subject to Iowa Code chapter 669 and Iowa Code section 679A.19, 9.11.1 Public Agency agrees to defend, indemnify and hold DASISAE and the State of Iowa, its officers, employees and agents, harmless from any and all liabilities, damages, losses, demands, causes of action, claims, settlements, judgments, costs, expenses, and attorney fees, including a reasonable cost attributed to the services of the Attorney General, related to or arising from any violation of this Agreement, any negligent or intentional act or omission of Public Agency, it officers, employees, or agents, and any failure of Public Agency, it officers, employees, or agents to comply with all applicable local, state, and federal laws, rules, and regulations. 9.11.2 Consistent with Article VII, Section I of the Iowa Constitution, Iowa Code chapter 669, and other applicable law, DASISAE agrees to defend and indemnify Public Agency and hold Public Agency harmless against all losses, costs, damages, expenses, attorney fees, claims, demands, causes of action, judgments, and settlements arising out the negligence or wrongful acts or omissions of DASISAE or its officers, employees or agents in the performance of this Agreement. DASISAE shall not defend, indemnify or hold harmless Public Agency or its officers, employees, or agents for any acts or omissions of any type attributable to Public Agency or its officers, employees, or agents. Page 5 of 6 Page 131 of 259 Memorandum of Understanding Section 10. Execution This MOU is fully executed by the following signatures: IOWA DEPARTMENT OF ADMINISTRATIVE SERVICES: Janet E. Phipps Burkhead, Director Date Iowa Department of Administrative Services PUBLIC AGENCY: August , 2018 Authorized Representative Date City of Waterloo, Iowa Public Agency Quentin Hart Printed Name of Authorized Representative Mayor Title l Page 6 of 6 Page 132 of 259 � o iulllll o Z fill ii i U � ami CI*Ift 4-a 0 w ° w C � o o (6 o E U L (n � Co Q � _ � IIIII�II� � n c >.0 co 3 IIII N � do m " ' li L C/) t � � VIII III `= e oCo cn ��I,IIpu � Coa a� yr CO 0 � E a o � m o a � m .f 4-4 E m -o aai r e iii�IlP„ o55CoN Ln � cz T T CO00 4.j Q Illllllll ' III � 3 III c a co � � Co 0) E Q £ d PIVD ° �cu a� a 0 x = t0 cu L >, U EO l0 UI C N O �i�I IV� O Z N V� X tp IO CEA O U) CU cu a m 3 E L !IIIIII� L � T U � O � O Ucu � � N s0 'III N a N � LL cu cn � 0 a `o m a -1--i o c "-' � � DZZ � °- h ��II �IIII `o_ .� `o m E a n VIII a o 70 0o T m E a� m � � o r D m° � — s r c 5 5 ° �+ YarnE � or � mo � � c�i � LL � U " a VIII m T� `o N >' mU me Ta and din " = E Q °� t c � m � y � t� 0N .�-a TN � c ON G5 m 4.4 Ucco yN � c 0 0 to 0 � � °' � °"'",@V➢ ,. m V Y6J .- U OD C: yL C:d - N t� n ]0 � MW CU � >. � U T� >. M Ta ¢ I K N .- _ >. 0 NIS 0 — _ y � F» cm � � � U) o0C) �' mm , � a Il Ilii. CIO 0 Olft ` r I��IIIIII � v0 � (II C m CD CL 5 a Q 9CIO CIO V N y �l F O F- III1711111 cul �IIII � c 0 in � � U U Ow � y c o v CL co 0 o W •i Lo O ry O p_ N 0 o co NC O O LL 11 C Q Co d c-0 d U d N Q l0 C co > 0 f0� �n d ami ''I III 0 -0 m S a� m � = O M o 0 0 o 0 3 a a a li�ll{� 3 „ a o I IIII - o � � co, IIIA ,- � 9 a E C m 0 40 CL CL c CL QCLm c � co M w N fn 'E " o LLft o VJ CITY OF WATERLOO Council Communication Resolution approving Max and Helen Guernsey Charitable Foundation grant application, in the amount of $20,000, for the Lincoln Park Improvements Project. City Council Meeting: 8/13/2018 Prepared: 8/3/2018 REVIEWERS: Department Reviewer Action Date 1 eusu:ure Servs ces 1puutnrn ;, Paul Approved 8/'7/2018 tl2-32 PM (' erk Office Eveum, 1-eA eau Approved 8/8/2018 ... 9.35 AM ATTACHMENTS: Description Type prefin.iiriairy cost:e"italCna to (."oNl it Memo Resolution approving Max and Helen Guernsey Charitable Foundation grant SUBJECT: application, in the amount of$20,000, for the Lincoln Park Improvements Project. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend Approval A conceptual plan for improvements at Lincoln Park has been developed by Summary Statement: Ritland-Kuiper Landscape Architects. Elements of the plan include removing deteriorated concrete/stone work, installing new wider decorative wallc-ways, new signage, seating, lighting, and electrical improvements. Funding for the initial plan was provided by RJ McElroy Trust and Waterloo Community Foundation. Cost of construction of the project is preliminarily Expenditure Required: estimated at$lmillion. McElroy Trust has approved $125,000 for construction and applications are pending for Black Hawk County Gaming Association($600,000) and Schoitz Foundation($200,000). City funds of up to $40,000 would be designated for the project. Source of Funds: Leisure Services Capital Improvement funds (General Obligation Bonds). This project supports the City of Waterloo Strategic Plan, Strategy 1.7: Seek Policy Issue: ways to create a "live, work, play environment with amenities that attract and retain population in Waterloo" and Strategy 4.5: Maintain and develop community services and facilities that support quality of place." Lincoln Park was established in 1854 as a downtown gathering place, and remains as one of Waterloo's busiest parks hosting scores of events annually. The park has not seen major improvements in over 30 years and it is in need Page 144 of 259 Background Information: of a comprehensive "facelift". Many stakeholders have been involved in a series of planning meetings, with a public informational open house planned for 5:30pm May 8, 2018 at the Cedar Valley SportsPlex. Page 145 of 259 H \ \ � Ri I'TLAN D+KU [ PER 501 Sycamore Street,Mezzanine Waterloo,Iowa 507033 LANDSCAPE ARCHITECTS (319) 233-8090 Fax (319) 233-9772 Lincoln Park Enhancements Waterloo, Iowa Preliminary Cost Opinion 06/05/18 QUANTITY UNIT UNIT PRICE COST Site Preparation Traffic Control 1 LS 38000.00 38,000 Mobilization 1 LS 50000.00 50,000 Silt Fence Installation, Removal, Cleanout 1,095 LF 5.00 5,475 Construction Fence 3200 LF 8.00 25,600 Removals, Existing Pavement 2,100 SY 10.00 21,001 Removal (Sunken Plaza) 518 SY 15.00 7,763 Tree Removals 6 EA 1000.00 6,000 Removals, Lighting 4 EA 400.00 1,600 Excavation, Class 10 3,280 CY 5.00 16,398 Site Grading 1 LS 10000.00 10,000 Imported Soils (Fill in Sunken Plaza) 776 CY 30.00 23,290 Exterior Sidewalks Modified Subbase, Compacted 132 SY 8.00 1,060 PCC Pavement, 5" 1,192 SY 55.00 65,572 Brick Tree Aprons 250 SF 15.00 3,750 Exterior Corners Concrete Curb for Brick 205 LF 25.50 5,228 Modified Subbase, Compacted 263 SY 8.00 2,106 Brick Pavers with Concrete Base 2,369 SF 15.00 35,535 Interior Plaza Concrete Curb for Brick 177 LF 25.50 4,514 Modified Subbase, Compacted 208 SY 8.00 1,663 Brick Pavers with Concrete Base 1,871 SF 15.00 28,065 Interior Sidewalks Modified Subbase, Compacted 1000 SY 8.00 8,000 PCC, 6" Concrete-Stamped/Colored 1,000 SY 108.00 108,000 Alt:PCC, 6"Concrete 1,000 SY @ 63.00=$63,000 Electrical Electrical upgrades include the following: 1 LS 159600.00 159,600 Demolition of Existing Ground Power Connection Points (12) LED Pedestrian Light Poles with 50 AMP Receptacles in Base New Power Boxes Replace Existing Power Boxes Electrical Permit Additional Site Amenities Benches 52 EA 1056.00 54,912 Bench Memorials 8 EA 405.00 3,240 Waste Receptacles 4 EA 1200.00 4,800 Entrance Signs 4 EA 15000.00 60,000 Upgrading Water Pits& Drinking Fountain 1 LS 10500.00 10,500 Plantings Seeding 0.39 A 6000.00 2,314 Page 147 of 259 Shade Trees 11 EA 350.00 3,850 SUBTOTAL 767,835 Design Fees 74,000 Contingency(10%) 76,784 TOTAL COST $918,619 Page 148 of 259 CITY OF WATERLOO Council Communication Resolution approving a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the final plat of 3.01 acres for the Kenn Dahl First Addition, to allow for the development of a five(5) lot residential subdivision, located at 4245 West 4th Street. City Council Meeting: 8/13/2018 Prepared: 8/8/2018 REVIEWERS: Department Reviewer Action Date Ppmna ng& Zaaruinng Selirroederr, A.rie Approved 8/8/2018 .M (.1erk Office Evenm, 1:.eAni) Approved 8/8/2018 ... 1 -.15 AM ATTACHMENTS: Description Type 11irnaud Plat Ba:ckiiipb 1 ateirW E ng riccrurngg 1..,elteir Backup Materiaull C4,n-d ca to Obi'S urvu..,y Backup Materiaull Sig,.!)i d R.es irucfive, Covru°nuaurur Backup Ma teriaull Resolution approving a request by Great Plains Survey. Inc. on behalf of SUBJECT: Brian Kennett and Michael DahL for the final plat of 3.01 acres for the Kenn Dahl First Addition, to allow for the development of a five(5)lot residential subdivision, located at 4245 West 4th Street. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: The Planning and Zoning Commission unanimously recommended approval of the final plat at their regular meeting on July 10, 2018. Transmitted herewith is a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the final plat of 3.01 acres for Kenn Dahl First Addition to allow for the development of a five (5) lot residential subdivision, located at 4245 West 4th Street. Included are the following: Summary Statement: • Staff report • Aerial photograph • Final Plat • Legal Description • C ertific ate of Survey • Report of City Engineer Expenditure Required: None Page 149 of 259 Source of Funds: N/A Policy Issue: Land Use and Housing. Alternative: N/A The property is served by West 4th Street from the north and south, which is classified as a Minor Arterial. The proposed plat would not appear to have a negative impact upon the surrounding neighborhood or traffic conditions within the area. West San Martian Drive is about 1/4 of a mile to the north and West Shaulis Road is located 3/4 of a mile to the south, and both of those roads are classified as Minor Arterials. Highway 20 is located a short distance to the north of the property, which is a Principal Arterial, however there is no access to it from West 4th Street, as it is an overpass only. The nearest interchanges being located at Ansborough Avenue to the east and Highway 63 to the west. Sidewalk will be required along the frontage of the Background Information: lots when developed. The property in question was recently rezoned from "A-1" Agricultural District to "R-1" One and Two Family Residence District to allow for the proposed development. The applicant is proposing to plat the property into five lots. Lot 1 has an existing farm house that was built in 1919. There are several outbuildings that would be demolished, with one outbuilding on Lot 5 that would remain. The Ordinance does not allow an outbuilding on a lot without a dwelling, but the lot will be tied by restrictive covenant to Lot 1, which has a house on it, and may be sold to an adjoining property and tied to a different home in the future. The area of West 4th Street is shown on the plat as Tract"A" and will be dedicated as right-of- way. The plat also includes a Tract "B", which will be a non-buildable tract of land intended to be sold to an adjoining property owner. Kenn Dahl First Addition. Waterloo, Blackhawk County, Iowa is located on and embraces the following described premises, to-wit: Legal Descriptions: The North 360 feet of the West 365 feet of the South One- half of the Northwest Quarter of Section No. 8, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa. Page 150 of 259 July 10,2018 REQUEST: Request by the Michael Dahl and Brian Kennett to final plat 3.01 acres into five residential lots, located at 4245 West 4th Street. APPLICANT: Michael Dahl and Brian Kennett, 4245 West 4th Street, Waterloo, Iowa, 50701. GENERAL The applicant is requesting to plat the property into five residential DESCRIPTION: lots for a new low density residential subdivision. Lot 1 is already developed with an existing house and accessory buildings and the other three lots would be for new construction. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood and land use in the area as it consists of SURROUNDING low density residential development, with the of exception multiple LAND USE: family residences to the west along Skyline Drive. VEHICULAR & The property is served by West 4th Street from the north and south, PEDESTRIAN which is classified as Minor Arterial. This rezone request would not TRAFFIC appear to negatively impact vehicular and pedestrian traffic within CONDITIONS: the area. West San Marnan Drive is about '/4 of a mile to the north and West Shaulis Road is located % of a mile to the south, and both of these roads area classified as Minor Arterials. Highway 20 is located a little ways to the north of the property, which a Principal Arterial, however, there is no access to it from West 4th Street as this is a Full Access Controlled highway, with the nearest interchanges being located at Ansborough Avenue to the east and Highway 63 to the west. RELATIONSHIP TO There is no public sidewalk located along the east side of West 4th RECREATIONAL Street, but there is sidewalk along the west side of the street. TRAIL PLAN AND When the land is final platted into new lots, the deed of dedication COMPLETE STREETS notes that sidewalk will be installed by the developer or its POLICY: successors. The goal is to begin working to fill gaps in the sidewalk system. The Shaulis Road recreational trail is located 3/ of a mile to the south at the intersection of West Shaulis Road and Hoff Road. ZONING HISTORY The area in question is currently going through the rezoning FOR SITE AND process before the City Council to be rezoned to "R-1 One and Two IMMEDIATE VICINITY: Family Residential District. Currently, the property is still zoned "A- 1"Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in February of 1969. Surrounding land uses and their zoning are as follows: North — One and two family residences, zoned "R-3" Multiple Family Residence District. South — Single-family residences, zoned "R-1" One and Two Family Residence District. East — One and two family residences, zoned "R-3" Multiple Family Residence District. West — Single-family residences and multiple family residences 4245 W 4`h St—Final Plat PcQLF15113 of 259 July 10,2018 (Timberline Condos), zoned "R-1" One and Two Family Residence District and "R-3,R-P" Planned Residence District. DEVELOPMENT The area has a mix or residential development uses, with some HISTORY: multiple family development, but the area is predominantly one and two family residences. The area has development that was built from 1919 up to until 2016. The development of more low density residential would appear to be suitable with the existing development in the area. BUFFERS/ SCREENING No buffers would be required as a part of this rezoning request. REQUIRED: DRAINAGE: The plat request would not appear to have a negative impact upon drainage in the area. The preliminary plat shows an area for a storm water easement for water detention. FLOODPLAIN: The property in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0284F, dated July 18, 2011. PUBLIC /OPEN There are no schools within the nearby vicinity. Orange SPACES/ SCHOOLS: Elementary, Hoover Middle and West High are the schools that serve this area. The nearest park is Prairie Grove Park, approximately % of a mile to the southwest as the intersection of West 4th Street and West Shaulis Road. UTILITIES: WATER, There is no sanitary sewer located within West 4th Street, and the SANITARY SEWER, nearest 8" sanitary sewer located about 300' to the south at the STORM SEWER, ETC: intersection of West 4th Street and Hoff Road. Engineering has noted that the site would need to be served by this sewer by extending a new sanitary sewer northward to the property in question. West 4th Street has 12" storm sewer and 4" drain tiles within it in. There is a 12" water main that comes northward along the east side of West 4th Street that is stubbed into the property in question and can serve the plat. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential, which equal approximately six housing units per acre, LAND USE PLAN: and the proposed rezone request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting to final plat 3.01 acres into five lots to ZONING allow for future residential development. Lot 1 currently has an old ORDINANCE: farm house that was built in 1919 and four outbuildings, however, two of those outbuildings are located on Lot 2 and 5 and it is proposed to demolish those buildings. The applicant is proposing to sell Lot 5 to the abutting neighbor to the east, which would exceed the 1,800 square foot maximum allowed and variance would need to be granted by the Board of Adjustment. The property in question is 4245 West 4th Street, which is 2.74 acres in size, 4245 W 4`h St—Final Plat P&gtFiV of 259 July 10,2018 however, it is proposed to plat 3.01 acres, which includes the area to the centerline of West 4th Street. The area of West 4th Street is shown on the plat as Tract "A". It appears that West 4th Street is a road that was acquired through a roadway easement, therefore, Tract "A" will need to be dedicated as right-of-way through the final plat process. The lots will meet the minimum requirements for the "R-1" District. The minimum lot size for a single-family house is 9,000 SF and the lot width should be no less than 75' measured at the building line. The minimum lot requirements for two family dwellings is a minimum lot size of 10,000 SF and a lot width of 80' also measured at the building line. Lots 1, 2, 3, 4 and 5 have areas of 0.51 acres (22,215 SF), 0.46 acres (20,038 SF), 0.60 acres (26,136 SF), 0.59 acres (25,700 SF) and 0.46acres (20,038 SF), which is well above the minimum lot size requirements for the "R-1" One and Two Family Residence District. The proposed lots also exceed the minimum requirements of lot width for either a single-family or two- family home. The average lot size of surrounding lots within 250' of the plat is 19,522 square feet. STAFF ANALYSIS — It appears that the submitted final plat meets the requirements of SUBDIVISION the Subdivision Ordinance, and no further changes appear to be ORDINANCE: needed. STAFF Therefore, staff recommends that the request to final plat 3.01 RECOMMENDATION: acres into five residential lots, located at 4245 West 4th Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The plat would provide for new residential development, which would be compatible with already existing development in the nearby vicinity. 3. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 4. The request is in accordance with the Subdivision Ordinance. 5. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. 4245 W 4`h St—Final Plat PcQLF 151 of 259 City of Waterloo Planning, Programming and Zoning Commission July 109 2018 A-1 0 p� �ToR-4 v o J INE LLl VIEW PL M-2,P � TITAN TRAIL R-4 R-P � � Q � B P W QUAIL PL* M-1 1 Pio R-4 AtiFti R-3 N� i M-1 r m KAMILLE CT W.SAN MARNAN DR C-2 C-Z R-4,R-P K SINE DRt _ O o� spy R-3 C-2 5Cp ��'oseQ pgRTR (D R�# B-P c R� �F BCH ST DGF KESTREL� R� oR s zAUDUSON DR CR LU R-3,R-P �° ��RoticyFo S�O� CARASRD pAKOTADR R PG Oi,Q s� FALCON RG THRUSH I)R G A-1 p 2 KITTY HAWK DR �c O S\ uJ Z 81i<q OJ CRY LN 7- TET R R PALOMA PL �FY ti/Q p D o M w CRABAPPLE LN Z O Z O 0 PRS Z O WAXWING �P PARTRIDGE R-3,R-P WILLIAM DR W.SHAULIS RD HAULIS RD N 4245 West 4th Street w-#� 7- E Final Plat s Michael Dahl and Brian Kennett 1,000 500 0 1,000 � � Fee[ Page 154 of 259 City of Waterloo Planning, Programming and Zoning Commission July 109 2018 / 7 li t 1 Area to be Platted r ;I �� g � i �� m�I��Ii IVVIIIIIIIIIIIIII ✓ �o i iu9�u VV i�l„ irr��Gtl��,tll � �II !/� n, ,r r i i . y C <, I Y rl� N 4245 West 4th Street w E Final Plat s Michael Dahl and Brian Kennett 150 75 0 150 Feet Page 155 of 259 w - -=-- 100.00'- __ -- Q TRACT A 0.27 AC. U W z c)- ¢ 3 z c"i z 00 Q cn z cn Co c� _ � Q � CD o c U c3 cz3 cnw 3 = o Q z cn Q L L o c > O O 3 � (n O O F--- Q W Lo N LU 3 = Q +' � C O � c� � z � o 1 (1) C C z � a, OD QU 3 � W M C17 L 3 z � +� Oma = Wu' cn OV, (f) — N m z +� D Q Lc) CDo � N O Fn .. 4--J cn z a� 3 z CD oLL L (D wa Boz �o Oce L O O (1) z o CD (D }' 3 � Ill -C MCO C O O_ I �-- L CO Prepared and Return to: Gregory J. Epping, 3600 1st Ave NE, Suite 101, Cedar Rapids IA 52402; ph. 319-364-2467 DEED OF DEDICATION OF KENN DAHL FIRST ADDITION WATERLOO, BLACK HAWK COUNTY,IOWA KNOW ALL MEN BY THESE PRESENTS: The undersigned, Michael S. Dahl and Angela B. Dahl,husband and wife, and Brian M. Kennett, a single person,being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Jeffrey R. Hutton, a licensed land surveyor, dated the 19th day of June 2018, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa,the same to be known as: KENN DAHL FIRST ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. LEGAL DESCRIPTION Kenn Dahl First Addition.Waterloo, Blackhawk County, Iowa is located on and embraces the following described premises, to-wit: The North 360 feet of the West 365 feet of the South One-half of the Northwest Quarter of Section No. 8, Township No. 88 North,Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo,Black Hawk County,Iowa RIGHTS OF WAY AND EASEMENTS 1. Tract A is hereby conveyed to the City of Waterloo,Iowa for use as public right-of-way. 2. The undersigned hereby grant and convey to the City of Waterloo, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, drain tile, surface drainage, gas, electricity, communication service or cable television,perpetual easements for the erection, laying,building, and maintenance of said services over, across, on and/or under the property as shown on the attached plat. 3. A 20 foot private easement is now granted to and for the benefit of Lot 5 &Lot I for access to and from West 4t" Street as well as for utility services over and across the south 8 feet of Lot 1 and the Page 157 of 259 north 12 feet of Lot 2. Lot 2 will also have a temporary access easement until such time that a residence is erected on Lot 2. Subsequently, Lot 2 will need to construct a new driveway as outlined with section 6 below. RESTRICTIONS AND CONDITIONS The undersigned hereby covenant and agree for themselves and their successors and assigns that each and all of the residential lots in said subdivision be and the same are hereby made subject to the following restrictions and conditions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated,to-wit: 1. Any dwelling that shall be erected on any lot shall have a minimum setback from the front of the lot line of 30 feet or easement line,whichever is greater. 2. Although lots in said Addition may be split or divided in any fashion to provide for more lot area when added to an adjoining lot, no dwelling shall be built or maintained on any partial lot unless said partial lot is combined with an adjoining lot or partial lot so that the resulting lot has no less frontage than the smallest lot as indicated on the plat. 3.No trailer,basement,tent, shack, garage or barn erected in said Addition shall at any time be used as a residence,temporarily or permanently,nor shall any residence of a temporary character be permitted on any lot in said Addition. 4.No single family dwelling shall be constructed,permitted or occupied on any lot herein having square footage floor space, designed, intended and constructed for living quarters, which space shall not include cellars, attics, garages,breezeways,porches, stoops, and other such non- living areas, of less than the following requirements: A. 1,300 square feet for single story houses. B. Any split level house, one and one-half story house, or house of two stories must have total minimum square footage of at least 1,500 square feet. 5. Each single family residence shall have a minimum of a two-car attached garage with a minimum of 400 square feet. 6. The Developer or its successors will install a 4-four foot wide Portland Cement Concrete sidewalk with a minimum thickness of four inches (minimum thickness of five inches through driveways) across the full length of all street frontages of the lot, and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk exists. Said sidewalk shall also be required to be constructed across all street frontages of two (2) or more adjoining lots, or portions thereof,when any owner has acquired said two (2) or more adjoining lots, or portions thereof, upon construction upon one (1) or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. The sidewalk shall be constructed during or immediately after the construction of a residential dwelling on lots 2,3 or 4, or portions of lots as previously described, in the Addition, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or Page 158 of 259 only sidewalk construction for any vacant lots remaining for five (5)years after the date of final approval of the plat, as soon as the construction season permits. Installation of a 4-four foot wide Portland Cement Concrete sidewalk with a minimum thickness of four inches (minimum thickness of five inches through driveways) adjacent to lot 1 shall be completed at the same time as the hard surfaced driveway approach to lot 1 is constructed and prior to November 1, 2018. A hard surfaced driveway approach shall be constructed during or immediately after the construction of a residential dwelling on lots 2,3 and 4 in the subdivision but before issuance of an Occupancy Permit from the City of Waterloo, Iowa. A hard surfaced driveway approach shall be constructed to serve the private easement to lot 5: 1)when the driveway to lot 1 is constructed, or 2) when a residential dwelling is constructed on lot 5 but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or 3)when ownership of lot 5 is transferred from the developer(s)to another owner, whichever occurs first. 7. The owner of each lot, vacant or improved, shall keep his lot or lots free of weeds and debris. Further,the owner and/or occupant of each lot shall jointly and severally be responsible to keep in good order or to maintain the area between the curb line and the property line abutting his property including keeping said area free of holes,pitfalls, stumps of trees, fences,brick, stone, cement or other monument-type mail boxes, stakes,post or rods to which a metal,plastic or similar receptacle designed to hold newspapers are affixed,retaining walls, landscaping brick, block, stone,timber or other similar material, or any other similar obstructions. 8.No obnoxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 9.No dwelling on any lot in said Addition shall be occupied until it meets City of Waterloo requirements for occupancy. 10.No old or used buildings shall be moved upon any of the lots in said Addition for any purpose. 11. All electrical distribution lines and service entrances, all telephone lines and services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of whatever kind or nature shall be installed underground on all lots in said Addition. 12. A perpetual easement is reserved along the lot lines of said lots as shown by the recorded plat for storm water drainage and utility installation and maintenance. There shall be no fences, buildings, large plantings or other obstructions upon or under the property covered by these easements, so that access is available for any equipment and/or persons necessary for the construction,reconstruction or maintenance of said utilities and/or drainage ways. 13.No radio station or short-wave operators of any kind shall operate from any lot which shall cause interference with audio or visual reception upon any other lot. Antennas are permitted if attached to the structure and do not extend more than eight feet above the peak of the home. All Page 159 of 259 other antennas, satellite TV dishes in excess of 24 inches in diameter,poles for radios, and windmills are prohibited. 14.No semi-tractor or commercial trailer exceeding 30' shall be kept or parked on any lot or street in said Addition;provided, however,that this prohibition shall not apply to such vehicles driven in said Addition in pursuit of and in conducting their usual business. A personal use RV or motorhome is allowed to be kept or parked on the property. 15. No shrubs or trees shall be planted so as to infringe upon adjoining property lines based on maximum expected growth and shall be maintained so as not to infringe. 16. No animals, livestock,or poultry of any kind shall be raised, bred or kept on any lot, except that two dogs and/or 3 cats maximum, or other household pets are allowed and then only if they are not kept,bred or maintained for any commercial purposes. Such animals shall be kept under control so as not to constitute a public nuisance and must be kept in compliance with applicable zoning laws and regulations of the City of Waterloo, Black Hawk County,Iowa. 17. All buildings erected on any lot in said Addition shall be constructed in accordance with the Building,Plumbing and Electrical Codes of the City of Waterloo, Iowa. ENFORCEMENT All of the provisions hereof shall be enforceable by appropriate legal proceedings by any present or future owner of the legal or equitable title to any lot in said subdivision. Invalidation of any one or more of the within restrictions by judgment or decree of court shall not be regarded as affecting the validity of any of the other provisions hereof,nor shall any judicial determination with respect to any of the restrictive provisions hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat, all of which such other provisions shall remain in full force and effect. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person or persons owning property in said Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and for the purpose of preventing such acts or to recover damages for such violation, or both, and for costs and reasonable attorney's fees as determined by the Court and not the statute. BINDING ON ALL OWNERS The undersigned and all persons and corporations hereafter requiring any right,title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants,restrictions and stipulations as to the construction of building thereon for a period of twenty-one(21)years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one (21)years and in accordance with Iowa Code Chapter 614.24 and 614.25 (Code of Iowa) or their successor provisions,these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty-one (2 1) years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2015 Code of Iowa. In the event an extension of the covenants,restrictions and stipulations is not filed within the period of twenty-one (2 1)years or successive 21-year period,then the covenants,restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one (2 1)years. Page 160 of 259 SOIL AND EROSION CONTROL Upon the sale,transfer and/or conveyance of a lot by developers,transferee shall take responsibility for any erosion control issues, certifications and/or requirements of the Iowa Department of Natural Resources. Further, all subsequent owners of lots in the subdivision shall be obligated to meet any and all requirements imposed by the Commissioners of the Black Hawk County Conservation District or any other governmental agency,by the authority of Chapter 161A, Code of Iowa,pertaining to soil erosion control plans for certain land distributing activities. This covenant shall be perpetual and not be governed by the time provisions set forth above. STORM WATER DETENTION BASIN There is a storm water detention basin located on the west portion of Lot 4. It shall be the responsibility of the owner of Lot 4 to conduct routine maintenance of the storm water detention basin which includes mowing and keeping weeds,trees, and shrubs under control, in addition to keeping the basin outlet free and clear of obstructions. Any expense to maintain or repair the storm water detention basin shall be the equal responsibility of the five Lot owners and would include removal of accumulated silt,repair of eroded areas, or other repairs or replacement of the basin outlet grate. The owner of Lot 4 is responsible for providing quotes,receipts, and billing/collections for such expenses. Developers hereby grant to the City of Waterloo,Iowa, access to the storm water detention basin for the purpose of inspection and enforcement of any city code or ordinance provisions governing the maintenance of the storm water detention basin. ZONING The developers,Michael S. Dahl and Brian M. Kennett, state that this plat and development shall comply with the R-1 Residential Zoning District Classification Regulations. LIEN FOR ASSESSMENTS Notwithstanding anything contained in this Deed of Dedication to the contrary, any assessment made under the Deed of Dedication shall not be a lien against any property described herein unless and until the City of Waterloo records with the Black Hawk County Recorder a "Notice of Assessment Lien" which notice shall describe the property against which the lien attaches and the amount of said lien. Dated: July ,2018 Michael S. Dahl Angela B. Dahl Brian M. Kennett STATE OF IOWA, COUNTY OF LINN) ss. Page 161 of 259 This instrument was acknowledged before me on July , 2018 by Michael S. Dahl and Angela B. Dahl,husband and wife, and Brian M. Kennett, a single person. Notary Public -- State of Iowa Page 162 of 259 CITY OF WATERL00w IOWA W INEERING DEPARTMENT 715 Mulberry St. e Waterloo, ]A 50703 *Phone (3,19)291-4312 Fax(319)291-4252 City Engineer e email: uify. rr�irr er(�Wvntrlrkct-r t,rr�x o. r August 8, 2018 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT KENN DAHL FIRST ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerel Dennis . Gentz, Assistant City Engineer WE'RE ORIUN FOR YOU! Page 163 of 259 An Equal Opportunity/Affirmative Action Employer ' 8URVEYUR"SCERT|F|CATE 1,Jeffrey R. Hutton, Professional Land Surveyor, do hereby certify that I have made a survey of what is to be known as KENN DAHL FIRST ADDITION, Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described prennises,to'vvi1: The North 360 feet of the West 365 feet of the South One-half of the Northwest Quarter of Section No.8, Township No.88 North, Range No. 13 West of the Fifth Principal Meridian,in the City of Waterloo, Black Hawk County, Iowa. i t i' Prepared by:Aric Schroeder, City of Waterloo Planning and Zoning, 715 Mulberry Street,Waterloo, IA 50703 RESTRICTIVE COVENANT I, Michael and Angie Dahl(husband and wife), and Brian Kennett(single person), owners of real estate located in the City of Waterloo, Black Hawk County, Iowa, commonly known as 4245 West 41 Street and legally described as Lot 1, KENN DAHL FIRST ADDITION(and hereinafter referred to as Lot 1) herein state that we own the adjacent property legally described as Lot 5, KENN DAHL FIRST ADDITION(and hereinafter referred to as Lot 5); for the purpose of maintaining an existing accessory building and allowing accessory uses,which accessory building&uses are directly associated with the use of our principal permitted use on Lot 1. As a result of said ownership, we herein declare that the following restrictive covenants shall govern the use of Lot 5, which restrictions shall run with the land and be binding on the successors, hears and assigns: 1. That Lot 5 shall not be sold individually or further subdivided unless the accessory building is removed or the purchaser of Lot 5 or purchaser of any portion of Lot 5 legally erects a principal permitted use, as defined by the City of Waterloo Zoning Ordinance, or ties Lot 5 or any portion of Lot 5 containing said accessory building to another property with a principal permitted use, as defined by the City of Waterloo Zoning Ordinance, by subsequent restrictive covenant. 2. That so long as the owners, successors, heirs or assigns own both Lot 1 and Lot 5, an existing accessory building may remain on Lot 5, which accessory building and accessory uses are to be compatible with the principal use on Lot 1 and permitted by the City of Waterloo Zoning Ordinance. 3. That this restrictive covenant, as mentioned in Paragraph 1, shall not apply if both Lots 1 and 5 are sold as a unified parcel. 4. That these restrictive covenants have been placed on the real property in order to comply with the requirements of the Zoning Ordinance of the City of Waterloo. f 5. That none of these restrictive covenants shall be rescinded without the express written consent of the City Planner or his/her authorized designee, except that these restrictive covenants shall automatically terminate if any of the following occur: 1) the accessory building is demolished and any accessory uses removed from Lot 5, 2) a principal permitted use is built on Lot 5 or on any portion of Lot 5 containing said accessory building or accessory uses, or 3)Lot 5 or any portion of Lot 5 containing said accessory building and any accessory uses is tied to another property with a principal permitted use by subsequent restrictive covenant. Page 165 of 259 � I Michael Dahl, Owner A Dahl, towner - Brian Kennett, Owner Subscriband.sworn bef re me, a Notary Public, on this. day of _ , 20 " Notary Public in and for the State of Iowa Original Recorded Farm to be returned to: Planning and Zoning Department 715 Mulberry 5t,Waterloo TA 50703 a�A1At s� TIM ANDER r Comm ISSION NO.772518 My Co R lS 1 tO, N EXPIRES rows 11 T i I Page 166 of 259 CITY OF WATERLOO Council Communication Resolution approving Amendment to the Development Agreement with Village Creek Rentals of Waterloo, Iowa, approved November 20, 2017, for a nine month extension for construction to be complete, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date Ppuunrrnpnn r& Zoniiig Sepurroederr, A.rie R.<'jeeled 8/8/2018 ... pip-00 AM Ppmunpnngg& zonnir'Ig Mnpper, Aad6enrn~ne Approved 8/8/2018 ... 10-00 AM PlaimpIg,& zonninIg Sclliroe<ierr, A.6c Approved 8/8/20](S ... 10:05 AM (1erp< (..)ince Eveui, L-eA.mn Approved 8/8/20](S ... 11:p 6 CSM ATTACHMENTS: Description Type .rnueiidrnierft to devc°p()pu:nen:nt agi .-ee:::ent Backup Ma eriall 1..Ipto n L..ot Map Backup Manerinull Clnapnnners p:.,ot Map Bacp<unp:r Mar,'dill ted irnnn:p Appruve(i irn 2017 Bacl uup:r Mira riall Resolution approving Amendment to the Development Agreement with SUBJECT: Village Creek Rentals of Waterloo, Iowa, approved November 20, 2017, for a nine month extension for construction to be complete, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve Development Agreement The City of Waterloo is working with Village Creek Rentals, LLC to allow for construction of residential properties on the lots located at 1005 Chalmers,1017 Chalmers and a parcel of land at the northeast coiner of Upton Ave and Ansborough Ave with values no less than$50,000. The developer will also be constructing a 3,250 square foot commercial building with a total value of no less than$140,000. Upon the issuance of a certificate Summary Statement: of occupancy for each residential property the developer will receive $5,000.00 as reimbursement of the allocated portion of the Purchase Price and an additional$5,000.00 as an additional incentive payment for a total incentive of$10,000.00 for each residential property per the new 657A lot development policy. The developer still intends to complete the project but has been delayed in starting the project and is requesting the 9 month extension. Page 167 of 259 Expenditure Required: $10,000 per residential Unit per new 657A lot development policy. Source of Funds: Bond Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not approve The City acquired the lots at 1005 Chahners and 1017 Chalmers through the Background Information: state 657A process for dilapidated structures. The City purchased the lot located at the northeast corner of Upton Ave and Ansborough Avenue in 2015 for developmental purposes. Lot 6, Block 16 Downing Place, City of Waterloo, Iowa(1005 Chalmers Avenue, Waterloo) Also: Lot 7 Block 16, Downing Place, City of Waterloo, Iowa(1017 Chalmers Avenue, Waterloo) Also: A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Legal Descriptions: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 168 of 259 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2018 by and between Village Creek Rentals, LL (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated November 20, 2017 (the "DA") concerning the development of property as described in the Agreement. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to said property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County as Doc. No. 2018-14847. B. The parties desire to amend the DA and the MAA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Paragraph a of Section 3 of the DA is stricken in its entirety, and the following new paragraph a is substituted in its place: a. Construction. Developer must complete the Residential Improvements on a schedule by which one (1) home is completed by September 30 of each calendar year from 2019 through 2022. The Commercial Improvements must be completed by September 30, 2020. If during any calendar year Developer has not obtained a building permit and in good faith begun construction of the respective improvements by April 1 of the year when completion is required, then at City's option title to any part of the Property on which development has not been completed shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, Page 169 of 259 Page 2 consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to such part(s) of the Property shall revert to the City after the end of said extended period. 2. Section 6 of the DA is amended to insert 1140,000" in substitution of the blank space that appears in the first paragraph. 3. Section 1 of the MAA is amended to strike "December 31, 2019" therefrom and to substitute "September 30, 2020" in lieu thereof. Section 2 of the MAA is amended to strike "December 31, 2029" therefrom and to substitute "December 31, 2030" in lieu thereof. 4. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA VILLAGE CREEK RENTALS, LLC By: By: Quentin Hart, Mayor Jason Strelow, Manager Attest: Kelley Felchle, City Clerk Page 170 of 259 r �N V uuuum uum a�p„`�lo ' V i uul II III i / Ip it f � U � pG / i � I Nete Base map data souroe-s Black Hawk County. I'll 11P does not represents survey norablry C1tL� OI Waterloo, Iowa etautmed f",d oiwd y t e data k heated tare n. expressed ty Impied by Bleck Hawk County,tM1e Blank Hawk County Assessor,ortM11-ty, oyees. me c ry or warenoo makes no warra,ry,e.praaa or N meed as to theamurasy or rhenfoonaton shown Dn tI's map and expressly d'sdams ram ry rot the acouraoy rM1e'eoi.users shoed rete'to Mal pats.surreys,` d,d deeds,ern.located at the &ask Hawk County Assessors Of"for complete and annnmte m(ormaEon Page 171 F IF,l'�'I ,�` / / r r I SII' UU Illi IIS (I ti�V Illlllili n Y / r i III III (4I � YI ' ll� Hill 1111 CitLj of Waterloo, Iowa Residential Development Lots 1005 Chalmers n,e aaaemapd-aouIe 11t Nawy, ,I11 1017 Cl al ers ,, mapdnesth,nepneaen, survey nolabnty Chal N mid fon the accuracy If by B1,data dkfnea,ed M1ene n ,the,exprk—s tyA —I, - kCounry the Black liawk County Asse h plo— The Cd,-Waterloo mak y preaa or W E turdad.astn,heaP— f f sho -/rr on iM1s map and expne—hI d- til-yfor the urecythened. ,dIddhd,,refer toodf t ids,surveys,n;corded deeds,etc.located at the S Black Hav,k County Assessor s ORice for complete andaaaara,enforrt,a,on. Page 1 2 0 2 9 i�ii�E�i��ii��iii viii ii i i�ii iii i ��a�ii�M�i��i iii iii��i Doc ID: 008351550017 Type: GEN Recorded: 03/13/2018 at 12:20:55 PM Fee Amt: $87.00 Page I of 17 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2018-00014847 .X6�_ wawk-0 Pr6epar 1 r Inforrnalion: Christopher S.Wendland, PO Box 596,Waterloo, Iowa 50704 (319)234.5701 Name Address city Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of NnVP0dhtk")0, 2017 by and between Village Creek Rentals, LLC ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct a single-family or two-family home and related improvements on property located at 1005 and 1017 Chalmers Avenue and parcel 8913-22-153-031, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, .the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Developer for the sum of $15,001.00 (the "Purchase Price"), allocated as $5,000.00 for each of 1005 Chalmers, 1017 Chalmers, and the Upton East Parcel (defined below), and $1.00 for the Upton West Parcel (defined below). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does Page 173 of 259 1 DEVELOPMENT AGREEMENT Page 2 not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will make the following improvements upon the Property. For purposes of this Section 2, the two lots on Chalmers Avenue are referred to as the "Chalmers Lots", the east side of parcel 8913-22-153-031 is referred to as the "Upton East Parcel" and the west side of parcel 8913-22-153-031 is referred to as the "Upton West Parcel." The line of the division between the Upton East Parcel and the Upton West Parcel is a northerly extension of the east line of the alley running between Lots 1 and 71 of Galloway Vt Addition. Together, the Chalmers Lots and the Upton East Parcel are referred to as the "Residential Properties." All improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. a. Residential construction. Developer will construct on each of the Chalmers Lots a single-family dwelling having a value of no less than $50,000 upon completion, and shall construct on the Upton East Parcel a twin home for single family on each side. Each dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Home Improvements"). The floor plan and exterior features of each dwelling shall be subject to approval by City. The Residential Properties, the Home Improvements, and all site preparation and development-related work to make the Residential Properties usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Residential Project". b. Commercial construction. Developer will construct on the Upton West Parcel a commercial building of no less than 3,250 square feet, including installation of related parking, sidewalk, landscaping and other improvements (collectively, the "Commercial Improvements"). It is anticipated that the Commercial Improvements will have a total value of no less than $140,000. The Upton West Parcel, the Commercial Improvements, and all site preparation and development-related work to make the Upton West Parcel usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Commercial Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: Page 174 of 259 i DEVELOPMENT AGREEMENT Page 3 a. Construction. Developer must complete the Residential Improvements on a schedule by which one (1) home is completed by December 31 of each calendar year from 2018 through 2021. The Commercial Improvements must be completed by December 31, 2019. If during any calendar year Developer has not obtained a building permit and in good faith begun construction of the respective improvements by April 1 of the year when completion is required, then at City's option title to any part of the Property on which development has not been completed shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to such part(s) of the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by an annual deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if demolition or construction, as applicable, is not completed within the allowed period of extension, the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney-in-Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. 5. Additional Development Incentives. Upon issuance of a certificate of occupancy for each Residential Property, City will pay to Developer the sum of $5,000.00 as reimbursement of the allocated portion of the Purchase Price for that Residential Property and the sum of$5,000.00 as an additional incentive payment, for a total incentive of $10,000.00 for each of the Residential Properties. For the avoidance of doubt, the $10,000.00 payment for the Upton East Parcel will be paid only after a certificate of occupancy has been issued for both units in the twin home. Page 175 of 259 DEVELOPMENT AGREEMENT Page 4 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Upton West Parcel. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Upton West Parcel, which shall be fixed for assessment purposes, below the amount of $ (the "Minimum Actual Value"), through: (i) willful destruction of the Upton West Parcel, the Improvements thereon, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. 7. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Residential Project and the Commercial Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 8. No Encumbrances; Limited Exception. Until substantial completion of the Residential Project and the Commercial Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property lying within any such phase, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the particular Residential Project or Commercial Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. Each Residential Property, the Upton East Parcel and the Upton West Parcel may be mortgaged or encumbered only to support the construction of improvements on that particular part of the Property. Developer may not cross-collateralize any part of the Property to support the construction of improvements on any other part of the Property. 9. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. Page 176 of 259 DEVELOPMENT AGREEMENT Page 5 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly.organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 12. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 13. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or Page 177 of 259 r DEVELOPMENT AGREEMENT Page 6 certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-2914571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Village Creek Rentals, LLC, 1118 Ansborough Avenue, Waterloo, Iowa 50701, Attention: Jason Strelow. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and Page 178 of 259 DEVELOPMENT AGREEMENT Page 7 they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19, Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA VILLAGE CREEK RENTALS, LLC By: , A 6 wt ,6son R. Strelbw, Manager Attest: Page 179 of 259 Exhibit "A" Legal Description Lot 6, Block 16 Downing Place, City of Waterloo, Iowa (1005 Chalmers Avenue, Waterloo) Also: Lok 7 Block 16, Downing Place, City of Waterloo, Iowa (1017 Chalmers Avenue, Waterloo) Also: A parcel of land located in park of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East fine of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 180 of 259 r Exhibit "A-1" Upton Parcel Legal Description A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. I. i Page 181 of 259 i' EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of kh A L�,IL1 )c�'by and among the CITY OF WATERLOO, IOWA ("City"), VILLAGE CREEK RENTAL, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A-1" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development ("Project") of an area within the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $140,000 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2019. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2029. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Page 182 of 259 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA VILLAGE CREEK RENTALS, LLC By: By:, Jason Stre)ow, Manager By: STATE OF IOWA ) ss. COUNTY OF BLACK HAWK - �" day of On this L,)e,,v Qb�"T , before me, a Notary Public in and for the State of Iowa, personally appeared Vw. Wvkoev and evi,o, ty4me personally known, who being duly sworn, did say that they are the Mayor"and"t I i1N� k' Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of klwu kpl,"' its City Council, and said Mayor and,"City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Page 183 of 259 4 Notary Pub i Fl- STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK } Subscribed and sworn to before me on ). y , iW_ �� 1'-� by Jason Strelow as Manager of Village Greek Rentals, LLC. Notary Public AG, �1P� DREAW oSTEB.COMMISSION NO.764042 I t Page 184 of 259 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than one hundred forty thousand Dollars ($140,000) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. �Kessor for Black Hawk County, Iowa 3 Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on Z,t/ by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. I A =ADRIENNE MILLER 0 1 so 9 09 COMMISSION NO. 809109 MY 0 m SS ION EXPIRES A" y 3 My COMMISSION EXPIRES FEBRUARY 23,2021 �34otary Public Page 185 of 259 STATE OF IOWA, } I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: Sale and Conveyance of Black Hawk County, SS Chalmers Drive to Village Creek Rentals Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, BIack Hawk County, Iowa, once commencing on the 10th day of November, 2017 in the name of said NOTICE OF PUELICIHEARING newspaper, and that the annexed rate of advertised is eHishMvgVe" hr , l11hat NO,Pft. the regular legal rate of said newspaper, and that the dayrirNelembar zo17 al5:so p�, in; following is a correct bill for publishing said notice. the Harold;E Getty t dunsll OharnIJers,in g p g Crty HaWIn the Ci "W Walerlgo,'Iowa,a py..40 hoarinw11 a held by the ouncit:. of the OiEy bf Walerioo;tawa the sale ansl conveyance of Illy' owned .properly Printer's Bill $28.80 lonatad near Ghalmws Dnve aril at�Ihe: W.Nost.'comer oI Anshoro. h and Upton Avenu.ein 1heamcunl aI15 001,` toVrTaga�reekRenlels LLO tngludinga; 'psvefoprn@nt Agreen3;anl legally;cfescr3-- bed.48 LOT 6 BI pCK 16.DOWNING'PLACE, CITY OF;r WATERLOO tOWA'. (1005 CHALMER;AVENUE;WATERLOO) AL50, 'LOT 7 BLOCK 16, EibA NG PLACE CITY OF'WATERLOO fOWA 1017: CHA AS AVENUE;'WATERLOO ALSO.: A PARCEL Oh LAND LOCATED IN FART OF LOTS "A .AND -6 IN HUMMEL�ADPITION.TO WATERLOQ,i IOWA,DESCRIBED AS FOLLOWS BEGINNING ATTHE;SOUTHEAST GOR• NOR SAID 156 THENCE 'NORTHH 131,DEGREFiEES;t3 MINUTES 52; SECONDS:EAST 104 02 FEET ALONG: THE EAST QNI=Or SAID LOT NO e THENGE -:NORTH 89 DEGREES 25'' Sl ed MINUTE8.28 SECONDS WEST,`11668 rrzET TO.A POINT ON THEUST LINE: OF THE WESF,ii FEET OFSAID LOIS: NO "B THENCE NOPITH 01 DEGRrES: 27 MINliTES 26 SECONDS `:EAST, HEArCE BOLITHL eOG DE=0.REE3 8- Subscribed and sworn t0 before me this i' MIN13TE5 56 SECOND$WEST;"76,07 PEET THENCE"SOUTH 01 DEGREES 22 MINUTES 05 SECONDS ,WEST.' fiarm&�.D., soL].H LINE,OF SAID.LOT..Nfl�A%. Day of 20 THENCE :SOUTH .89 DEGiiEES 25: MINUTES 26 SECOl3DS EA�uTO, TH1 s rEET ALONG SAIA: LINE TO THE (,7 MCIPOJNT OF 13EG1NNINCa EXCEPT THE EASTERLY 20 FEET THEREOr IN EVEN WIDTH Anyone who rs interested may appear al; said Iima;and place and be hear. C—)M or may. Notary PUl]11C 111e wnitenobjectlon vilh the city Clerk,:: y City NaII,.yNaterloo Iowa before the date:- set Tor safd;;heanng B�y order (..the Cptincil of the'Ci of y4fale?fao this 61h day of November;2017.. Received of Kele ':Felchle. �.ty Glerh:. the sum of s Dollars. In full for publication of the above notice. ' hPN1AL qd j-0 IGKINSTtif`Y1 r COMM ION M382AIS MY E ia;a romp F �I Page 186 of 259 5 CITY OF WATERLOO Council Communication Resolution approving application for an Iowa Department Of Transportation Traffic Safety Grant for traffic signalization of Greyhound Drive and West Ridgeway intersection, and authorize the Mayor to execute said document, and rescinding Resolution No. 2018-571. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date "1)-•iffic Operalno s Evemi, L-eA i) Approved 8/8/201 .. 9.48 A Resolution approving application for an Iowa Department Of Transportation SUBJECT: Traffic Safety Grant for traffic signalization of Greyhound Drive and West Ridgeway intersection, and authorize the Mayor to execute said document, and rescinding Resolution No. 2018-571. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution and rescind resolution No. 2018-571 to increase funding request. The application is for installing traffic signals and four(4)monitoring Summary Statement: cameras and connecting to the fiber optic network along with the addition of a right turn lane. Expenditure Required: $310,000.00 Source of Funds: $310,000- Construction cost- 100% covered by Grant City will be responsible for design- GO Bond Policy Issue: Goal 2- Strategy 2.2- Enlist all City departments and staff members to promote a safer community. Our recent data collection and observation shows a very high number of Background Information: right turners requiring a right turn lane. The intersection has been experiencing an increase in the number of right angle crashes including injury crashes. Traffic is expected to increase with new developments. Page 187 of 259 CITY OF WATERLOO Council Communication Resolution approving Acceptance of Improvements of the Audubon Heights Sixth Addition, and receive and file two-year maintenance bond from Midwest Development Co., of Cedar Rapids, Iowa. City Council Meeting: 8/13/2018 Prepared: 8/7/2018 REVIEWERS: Department Reviewer Action Date 1^c)&ee6ng pCrnu,IISOnu, Ianiie Approved 8/'7/2018 5.46 PM (Ierk Office Eveni, t: eAnnu) Approved 8/8/201 ... 9.33 AM ATTACHMENTS: Description Type Maim Bo rud.....:A.udubon lleup::j is ixfli A.ddiflon Covet Memo CE's lott 7r... :u:iidu.iill o n 11e,�gjiits Sp x.tl.b A.Afifioiri (:"oNleir Memo Resolution approving Acceptance of Improvements of the Audubon SUBJECT: Heights Sixth Addition, and receive and file two-year maintenance bond from Midwest Development Co., of Cedar Rapids, Iowa. Submitted by: Submitted By:Dennis J. Gentz, PE, Assistant City Engineer The improvements required as a condition precedent to the approval of Audubon Heights Sixth Addition, Waterloo, Iowa; namely paving and the Summary Statement: installation of sanitary sewer and storm sewer have been completed in substantial conformance with the construction plans, standards, and requirements of this office. Page 188 of 259 MERCHANTS - 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 KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 1AC588398 That Midwest Development Co. of Cedar Rapids,lA as Principal, and the Merchants Bonding Company(Mutual) as Surety are held and firmly bound unto the City of Water oo in the penal sum of One-Million,One-hundred,Twenty-five thousand,Seven-hundred,Twenty-four and 67/100 ($1,125,724.67 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 16th day of July 2018 WHEREAS, the Principal entered into a certain contract, dated the 13th day of September 2017 with the City of Waterloo ' to furnish all the material and labor necessary for the construction of public improvements at Audubon 6th Addition in the City of Waterloo,Black Hawk County,IA 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 2 years from the date of acceptance of the work under said contract; and 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 � �pa Merchants Bandin Co rry(Mutual) for valuable WHEREAS, the 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 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 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 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. Midwest Development Co. Principal By Approved Kyle Skogman President i By Merchants Bonding Company(Mutual) By CON 0304(2115) Kurt Feller,Attorney-in-Fact Page 189 of 259 f 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 lown(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Chad Smeby;Joan K Tobin;Kurt Feller their true and lawful Attorney(s)-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. This Power-of-Attorney is granted and is signed and seafed 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. l "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. j 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 24th day of July 2017 0 � :� POMERCHANTS BONDING COMPANY MERCHANTS NATIONALBOWDING,((MUTUAL) INC.UA t� 2003 . 4o y; 1933 c, By _y. • President STATE OF IOWA "°°' •"' COUNTY OF DALLAS ss. On this this 24th day of July 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. ALICIA K.CRAM Commission Number 767430 r My Commission Expires V J A.prfl 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 force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my Band and affixed the seal of the Companies on this day of NA <_� O. ems: o Cc =� 2003 - 1933 c; Secretary POA 0018 (3/17) ,A�4iov..�s~6 Page 190 of 259 FE WAYNE CL.AASSEN ENGINEERING AND SURVEYING, INC. 2705 University Avenue P.O. Box 898 Waterlog, Iowa 50704 Fax 319/235-0028 319/2.35-6294 August 7, 20118 Dennis Gentz,PE City of Waterloo 715 MulberryStreet 'I Waterloo, IA 50703 RE: Audubon Heights Sixth.Addition Municipal Public Improvements Dear Dennis: The above project has been completed in substantial conformance to the approved construction plans and specifications with the exception of sidewalks to be constructed on Crabapple Lane and Falcon Ridge as per Construction Plan Sheet 33. It is our understanding that the developer and the City have made arrangements for construction of this sidewalk. We recommend acceptance of the streets, sanitary sewers and appurtenances for this project and are attaching the following in support of this recommendation: 1. Asbuilt Construction Plans 2. A tabulation of the street and sewerage items and their associated construction costs. 3. A two (2) year Maintenance Bond from Merchants Bonding Company for these improvements. 4. Final. Lien Waivers from: a. Dave Schmitt Construction Co. Inc. for Skogman work b. E&F Paving Company, LLC for Skogman Work c. Manatt's, Inc. for Skogman Purchases d. Manatt's, Inc. for Dave Schmitt Construction Co., Inc. Purchases e. Construction Materials, Inc. for Dave Schmitt Construction Co., Inc. Purchases £ Tiedt Nursery for Skogman Purchases g. Tiedt.Nursery for Dave Schmitt Construction Co., Inc. Purchases h. BMC Aggregates LC for Skogman purchases i. BMC Aggregates LC for Dave Schmitt Construction Co., Inc. purchases j. Forterra Pipe &Precast for Dave Schmitt Construction Co., Inc. Purchases k. Wieser Precast Inc. for Dave Schmitt Construction Co., Inc. Purchases 1. Hall and Hall Engineers, Inc. for Skogman work 5. CES-Sanitary Sewer Main low pressure air test results-passed 6. CES-Sanitary Sewer Manhole vacuum tests results-passed 7. CES-7130/2018 letter to Iowa DNR on sanitary sewer completion Page 191 of 259 I' 2 8. Sanitary Sewer and service pipe and drain the material sheets 9. Sanitary Manhole Shop Drawings 10. Storm Intake Shop Drawings 11. Storm Sewer Pipe material Sheet 12. Terracon Soil Compaction and P.C.C. testing summary. I HEREBY CERTIFY THAT THIS PLAN AND SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED rip, PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. Liceiised 40 9408 1OWd WILLIAM J.C/-.AASSEN DATE P.E.NO, 9408 10nal MY REGISTRATION RENEWAL DATE IS 12/31/19. foff""" PAGES OR SHEETS COVERED BY THIS SEAL: "f Very truly yours, WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. William J. C laa en, P.E. WJC/dad Enclosures (FolderWisc CorresTennis Gelitz-Audubon Heights 6"AddAtr) Page 192 of 259 CITY OF WATERLOO Council Communication Resolution approving the sale of kitchen equipment from the Public Market building, in the amount of $2,815.00, to Wilson Restaurant Supply, and authorize the Mayor and City Clerk to execute any necessary documents. City Council Meeting: 8/13/2018 Prepared: 8/8/2018 REVIEWERS: Department Reviewer Action Date Ppiuu nt ng& Zoniiig Selirroederr, uric Approved 8/8/2018 ... p 0.03 AM t." e k Office ice i veni, >C: eAnnuu Approved 8/8/2018 .. p p-.16 AM ATTACHMENTS: Description Type Wilson QL11 utC iaair equ:aplp pie°int Ba ckuaipb MateirU Backes A.ucflon Ecp,djpirie,rut Backup Ma teriaull Resolution approving the sale of kitchen equipment from the Public Market SUBJECT: building; in the amount of$2,815.00, to Wilson Restaurant Supply and authorize the Mayor and City Clerk to execute any necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the sale of kitchen equipment Recently the City of Waterloo entered into a lease agreement with Verve for a new Kombucha& Bistro to be located within the Public Market building. Verve has expressed they do not need some of the kitchen equipment for their business therefore the City is selling the unwanted Kitchen equipment. Staff did receive bids from two local entities. One from Wilson Restaurant Supply and one from Backes Auctioneers. Wilson Restaurant Supply came in with a bid of$2,815.00 for the equipment listed below. This includes the removal of the items from the Public Market. Summary Statement: Backes came in with a quote of a fee of 25% of the gross proceeds sold from equipment sales along with an additional$600 to remove the equipment from the Public Market. The equipment to be sold includes: 4 deli cases 1 label printing scale 1 espresso cappuccino machine 1 meat saw Page 193 of 259 2 stainless steel work tables 1 sandwich prep station. Expenditure Required: None Source of Funds: N/A Sale of City owned equipment Policy Issue: Strategic Plan Goal#3.1 Continue to implement& Explore new options for revenue generation for the City. Alternative: NA Page 194 of 259 Quote 08/02/2018 Project: From: RIVERLOOP, CITY OF WATERLOO Wilson Restaurant Supply Jamie Wilson 5746 Westminster Dr. Cedar Falls, IA 50613-6962 (319)277-9000 319-277-9000 101 (Contact) Project Code: RIVERLOO Item Qty Description 1 2 ea DISPLAY CASE, DELI MEATS&CHEESES Howard-McCray Used 51" McCray Deli Case 2 2 ea DISPLAY CASE, DELI MEATS&CHEESES Howard-McCray Used 99" McCray Deli Case 3 1 ea LABEL PRINTING SCALE Detecto Thermal Label Printing Scale with Pole, up to 4,000 PLU, 30 label Y� formats plus 6 custom labels, 54 preset keys, standard RS-232C, 30 Ib. C 2 capacity, 15-3/4" x 9-3/5" stainless steel platter, auto span adjustment, auto zero tracking, includes soft ware 4 1 ea ESPRESSO CAPPUCCINO MACHINE Rancilio Group North America Used Espresso Machine 1 ea 1 year parts, 1 year labor warranty 1 ea Installation 1 ea 208-220v/60/1-ph, 20 amp,4300 watts, NEMA 6-20P,standard 1 ea Water filtration kit required for warranty, QTSX-2PG water filter is acceptable to most locations; Water hardness should be within 2-4 gpg (see RGNA Water Quality Statement); failure to comply to the RGNA water quality statement will void warranty. 1 ea Anthracite Black InitiaL RIVERLOOP, CITY OF WATERLOO Page 104A:99 Wilson Restaurant Supply 08/02/2018 Item Qty Description 5 1 ea MEAT SAW, ELECTRIC r Skyfood Equipment Used Meat Saw 6 lea WORKTABLE,STAINLESS STEEL TOP John Boos Used Work Table 30x96 /%ilio 7 1 ea WORK TABLE,STAINLESS STEEL TOP John Boos Used Work Table--24x48 8 1 ea SANDWICH/SALAD PREPARATION REFRIGERATOR True Manufacturing Co., Inc. _r r-1Used Sandwich Prep Table �r Total $2,815.00 Acceptance: Date: Printed Name: Project Grand Total: $2,815.00 Initial: RIVERLOOP, CITY OF WATERLOO Page 14 OEFAM�K� Y AUC TIONEER S & R E A L T City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Contract Agreement Thank you for choosing Backes Auctioneers (Backes) to perform auctioneering services for the City of Waterloo concerning excess food service equipment. We can add it to our On Line Auction that is scheduled for Wednesday August 15, 2018. We have agreed as follows: 1. COMMISSIONS Backes will receive a fee equal to Twenty Five (25%) of the gross proceeds from equip- ment sold in return for performing auctioning services. In addition, each buyer shall be charged a fee equal to sixteen (16%)percent of their total purchases, which shall be part of Backes' total fee for performing auctioneering services Backes will pick up equipment, catalog, tag, lot and tag all items sold. This fee is $600.00 dollars. This is an online only auction. Proxibid auction platform will be used for this auction. 2. MISCELLANEOUS The auction will be held on Wednesday August 15, 2018. Sellers will convey free and clear title on all items sold at the auction. Any and all liens on equipment should be disclosed to Backes before monies are sent out and Seller realizes they have the responsibility to satisfy the lien Holders and inform Backes of such liens. Seller will hold harmless Backes when distributing the monies. Backes will provide full auctioneering service including display, lot and tagging of equipment and fixtures. Backes will over see removal of all equipment. Once this contract has been agreed upon and signed, no equipment that was scheduled to be auctioned can be sold without Backes' knowledge. If there are items sold, Backes will be entitled to the full commission on the items sold. Backes Auctioneers pledges to take every reasonable step to market your equipment to all potential buyers, to secure the greatest possible sale proceeds, to conduct the auction with the highest degree of professionalism and to do all things necessary for a successful auction to the best of their ability. Approved in all respects as to form and content on this day of , 2018. Sincerely Yours, :� ✓JacG6 Randy Backes, President Backes Auctioneers City of Waterloo, Owner 6605 Dubuque Road-PO Box 107-Raymond,Iowa 50667 800-876-8070 Fax: 319-226-3024 www.backes-auction.com email:backesgforbin.net Page 197 of 259 Page 198 of 259 CITY OF WATERLOO Council Communication Resolution approving Convention and Visitors Bureau recommendation for funding a hotel/motel Mini-Grant application, in the amount of$2,174, in conjunction with the Mid America Chin Christian Church Convention. City Council Meeting: 8/13/2018 Prepared: 8/8/2018 REVIEWERS: Department Reviewer Action Date Fiiiw)ce p^ve�i, ;C. eA.a-i a Approved 8/8/2018 .. tl tl-37 AM ATTACHMENTS: Description Type (iu ira Applicaflon p:::laacicca:p:r Maateriiaap Resolution approving Convention and Visitors Bureau recommendation for SUBJECT: funding a hotel/motel Mini-Grant application, in the amount of 52,174, in conjunction with the Mid America Chin Christian Church Convention. Submitted by: Submitted By: Tavis Hall, Executive Director of Waterloo Convention& Visitors Bureau Recommended Action: Approve recommendation. Mid America Chin Christian Church Convention is a first-time event that organizers hope to make into an annual event with a 5-year rotation. They will be marketing through 12 church congregations and attendees will be coming from Illinois, Wisconsin and Arizona. Summary Statement: In addition to faith-based services, the organizers have added a soccer tournament, with 15-20 soccer teams to utilize the Soccer Complex for 2 days (Saturday morning and Monday morning). They will also utilize the exhibition hall for 2 days at the Convention Center for worship. Most attendees will come in Friday night and depart Monday afternoon. Expenditure Required: $2,174 Source of Funds: FY 18 Hotel/Motel Mini-grant funds. Policy Issue: None. Alternative: Do not fund. They are expecting around 1,000 attendees with 75% from outside Black Background Information: Hawk County. They are expecting 250 rooms for 3 nights, totaling 750 room nights. Page 199 of 259 Council Communication City Council Meeting: July 30, 2018 Prepared: July 19, 2018 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Mini-Grant recommendations Submitted by: Tavis Hall Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding mini-grant. Applicant: Mid America Chin Christian Church Convention Event Details: August 31 - September 3, 2018 at the Waterloo Convention Center Summary: Mid America Chin Christian Church Convention is a first-time event that organizers hope to make into an annual event with a 5-year rotation. They will be marketing through 12 church congregations and attendees will be coming from Illinois, Wisconsin and Arizona, In addition to a faith-based services, the organizers have added a soccer tournament, with 15-20 soccer teams to utilize the Soccer Complex for 2 days (Saturday morning and Monday morning). They will also utilize Exhibition Hall for 2 days at the Convention Center for worship. Most attendees will come in Friday night and depart Monday afternoon, Attendance: They are expecting around 1,000 attendees with 75%from outside Black Hawk County. They are expecting 250 rooms for 3 nights, totaling 750 room nights. Projected room nights They are expecting 250 rooms for 3 nights for a total of 750 room nights. Projected economic impact: $261,031 ROI (Economic Impact based on requested funds): With a request of $2,174, the yield return would be $120.07 per dollar requested. Request: $2,174 (mini-grant) Use of funds: The funds will be used for Convention Center facility rental and the Soccer Complex field rental. Source of Funds: Hotel-motel tax mini-grant fund Policy Issue: None Alternative: Do not provide funding or provide recommendations for alternate funding. Page 200 of 259 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 Total Request: $3000.00 Total Project Cost: $57000.00 1. Contact Information/Background Information Mid America Chin Christian Church Name of Event/Project: Event/Project Date: August 31 -S Waterloo Chin Christian Church Name of presenting organization: Non-Profit Organization:W1 For-Profit Organization: Waterloo Chin Christian Church Check payable to(if different than above): 455081077 FEIN Number: Pastor Thian Za Vum Contact person: 1737 Cornwall Avenue Address: Waterloo IA 50702 City: State: Zip: Phone number: 319-429-9132 Email: pavum80@gmail.com N/A Organization web address: Please describe your organization. Include information about mission,history,staff,volunteers,etc.? Please also describe how your organization collaborates with others in the community throughout the year. Is a member of the Waterloo City Council on your Board of Directors? YES:NO 7 How does your organization market to/reach an audience outside of Black Hawk County? 1.13y through Mid America Chin Christian Fellowship 4 Page 201 of 259 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application Have hotel-motel tax grants been received for this project previously? YESE] NO Z 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. N/A 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. 2. Please share the following information about your project/event: a. Please describe the project and specify the goals/expectations. 1.Our goal is to know the love of God,to love our neighbor, and to know that we all are one in Christ. b. Please describe the mechanism for measuring to see if expectations are met. 1.Survey 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. around one thousand peoples. a. How many people do you expect to attend? around 750 peoples. i. Of those, how many will be from outside Black Hawk County? b. What method was used to determine this information? 1.Total number of churches,total congregation size of each church. c. What will be the mechanism for tracking/measuring attendance? How are you adjusting it from the prior year? 1.Each attending church will submit survey. d. What are your expectations for hotel room use in Waterloo? 1.Total number of room nights 250(room)x 3(nights)=750 room nights 5 Page 202 of 259 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application e. How will you track room use? 1.By Church name and survey. f. Do you have room blocks? Yes W1 No F] i. If so, how many rooms? 100 rooms What are the Rates? $95 plus tax g. When are rooms typically booked? 1.August 31/2018 h. How long will people stay? 1.Three days and three nights i. How many people stay in a room?2-4 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? 1.This is a first time event looking to make annual with 5 years rotation. k. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism-related? How much does this grant funding mean to the success of your event? What are your expectations for attendance with and without grant funding? N/A I. For event-related capital projects only: Please describe how this ties into your organization's mission, and how the project allows you to draw additional people to Waterloo. N/A 6 Page 203 of 259 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application 4. Is this a new project or idea? YES7 NO If yes,please describe, in detail, how this project explores a new idea,new direction, is innovative or a new project? 1.1owa Chin Christian Fellowship is an annual event. But this is the first Mid-America event with congregations from Illinois,Wisconsin,and Arizona. 5. Are there significant changes to the event/application from previous years? YESO NOW] If yes, please describe, in detail,those changes. Examples could include changes in marketing efforts, expansion of the event schedule,etc. 1. First year event. 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? 1.Showcases all of waterloo: Downtown,Soccer compley and near crossroads. 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. 1. By mailing and email 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. $30,000.00(congregation a. Total Income: membership dues) $57,000.00 b. Total Expense: $27,000.00 c. Net Profit(Loss)for the event: 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? 1.To cover up all our expenses facility rental($2,000.00 per day,x 2),soccer fields($3,000.00 to 4,000.00 facility rental) 7 Page 204 of 259 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application e. How will profit(if applicable) be used by the project/organization/business? 1.Not a revenue generating event. Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? 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 forfunding 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. 07/03/2018 Signature of Applicant Date 8 Page 205 of 259 CITY OF WATERLOO Council Communication An Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the"M-2,P"Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. City Council Meeting: 8/13/2018 Prepared: 7/10/2017 ATTACHMENTS: Description Type Staaff'R p or9. C."over Merrno Oveave ew Map Cover Merru o A.eriaai Map Cover Mena-flo Sine Plan Cover Memo /pplicaal:ori (..'over Memo Motion to receive, file, consider, and pass for the third time and adopt an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in SUBJECT: Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the"M-2,P"Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request by Dahlstrom Real Estate for a site plan amendment to the"M-2,P"Planned Industrial District to allow for the construction of a 200,000 SF warehouse/office located west of 3050 Wagner Road. The applicant is requesting to construct a new industrial warehouse building up to 200,000 square feet. The request to construct the industrial warehouse building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Airline Highway which is a minor arterial and Wagner Road which is a collector road. Page 206 of 259 The nearest recreational trail is the Cedar Valley Lake Trail which is located in George Wirth State Park. There are no sidewalks in the area. The area in question has been zoned "M-2,P"Planned Industrial District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North— Vacant Land, zoned"M-2,P"Planned Industrial District. South—AS PRO asphalt manufacturing plant, zoned"M-1"Light Industrial District. East— Jerald Sulky Company zoned "M-2"Heavy Industrial District. West— Standard Forwarding and Fed Ex Ground, zoned"M-2,P"Planned Industrial District. No buffers would be required as a part of this rezoning request. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. It will be necessary that a storm water detention plan is submitted, as well as a S WPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The surrounding area consists of industrial buildings built between 1961 and 2012. A portion of the property is located within Zone A: 100 year flood plain which will require the building to be one-foot above the base flood elevation as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0167F, dated July 18, 2011. Lincoln Elementary School is located 1.68 miles to the southeast, George Washington Carver Academy is located 2.37 miles to the southeast, and East High School is located 3.70 miles to the southeast. The nearest open space is George Wirth State Park which is located 0.93 Summary Statement: miles to the southwest. There is a 12" sanitary sewer line located on the north side of Airline Highway. There are 12"water lines in Wager Road, Airline Highway, and Midport Boulevard. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to construct a 200,000 SF building with a 25-lot parking lot. The area in question is zoned"M-2,P"Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to Page 207 of 259 provide for the orderly planned growth of industries in large tracts of allow, allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires I parking space for every 2 people employed at the facility and the site plan shows 25-parking spaces. The Site Plan does not label setbacks and that information will need to be added. During Tech Review Engineering noted that they would like to see the driveway coming out to Airline Highway moved east to align with the entrance to ASPRO on the south side of the street. Elahi sent an email requesting that the driveway coming out to Wagner Road be moved to the north. Engineering also noted that there would be a fee to hook up to the sewer. There was one connnent filed about the Site Plan supporting the project but requesting that the traffic signal at Wagner Road and Airline Highway be made permanent. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment in the "M-2,P"Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the ftial site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. 2. That the building be a minimum 1' above the base flood elevation. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. MID PORT AMERICA PARK PLAT NO 3 LOT 20 and UNPLATTED WATERLOO EAST PART SEC 4 T 89 R 13 BEG AT INTERS NLY ROW LINE W AIRLINE HWY& WLY ROW LINE WAGNER RD TH N 600 FT TH W 3300 FT TH S TO NLY ROW LINE ICG RR TH Page 208 of 259 Legal Descriptions: SELY ALONG NLY LINE RR ROW TO NLY ROW LINE W AIRLINE HWY TH ELY ALONG SAID ROW LINE TO PT OF BEG & THAT PART SE SW SEC 4 T 89 R 13 LYING S OF IC RR EXC WLY 875 FT & EXC STREET AND EXC THAT PART PLATTED TO MIDPORT AMERICA PARK PLAT NO 1 AND NO 2 AND NO 3 Page 209 of 259 September 12,2017 REQUEST: Request by Dahlstrom Real Estate for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 200,000 SF warehouse/office located west of 3050 Wagner Road. APPLICANT(S): Dahlstrom Real Estate 604 Clay Street, Cedar Falls, IA 50613 GENERAL The applicant is requesting to construct a new industrial DESCRIPTION: warehouse building up to 200,000 square feet. SURROUNDING The request to construct the industrial warehouse building LAND USES AND would not appear to have a negative impact upon the IMPACT ON surrounding area as it would appear to be compatible with NEIGHBORHOOD: other industrial development in the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Airline Highway CONDITIONS: which is a minor arterial and Wagner Road which is a collector road. RELATIONSHIP TO The nearest recreational trail is the Cedar Valley Lake Trail RECREATIONAL which is located in George Wirth State Park. There are no TRAIL PLAN AND sidewalks in the area. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "M-2,P" Planned FOR SITE AND Industrial District since the adoption of the zoning ordinance in IMMEDIATE VICINITY: 1969. Surrounding land uses and their zoning designations are as follows: North — Vacant Land, zoned "M-2,P" Planned Industrial District. South —ASPRO asphalt manufacturing plant, zoned "M-1" Light Industrial District. East— Jerald Sulky Company zoned "M-2" Heavy Industrial District. West— Standard Forwarding and Fed Ex Ground, zoned "M- 2,P" Planned Industrial District. BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING/ The applicant will need to submit and execute a landscaping LANDSCAPING plan for the site during the building permit approval process. REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. DEVELOPMENT The surrounding area consists of industrial buildings built SPA-West of 3050 Wagner Road Page 1 of Page 210 of 259 July 10,2018 HISTORY: between 1961 and 2012. FLOODPLAIN: A portion of the property is located within Zone A: 100 year flood plain which will require the building to be one-foot above the base flood elevation as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0167F, dated July 18, 2011. PUBLIC /OPEN Lincoln Elementary School is located 1.68 miles to the SPACES/ SCHOOLS: southeast, George Washington Carver Academy is located 2.37 miles to the southeast, and East High School is located 3.70 miles to the southeast. The nearest open space is George Wirth State Park which is located 0.93 miles to the southwest. UTILITIES: WATER, There is a 12" sanitary sewer line located on the north side SANITARY SEWER, of Airline Highway. There are 12" water lines in Wager STORM SEWER, ETC. Road, Airline Highway, and Midport Boulevard. .............................................................................................................................................................................................................................................................................................................................................................. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. COMPREHENSIVE The proposed site plan amendment would be in conformance LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct up to a 200,000 SF ZONING building with a 25-lot parking lot. ORDINANCE: The area in question is zoned "M-2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries in large tracts of allow, allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires 1 parking space for every 2 people employed at the facility and the site plan shows 25- parking spaces. The Site Plan does not label setbacks and that information will need to be added. During Tech Review Engineering noted that they would like to see the driveway coming out to Airline Highway moved east to align with the entrance to ASPRO on the south side of the street. Elahi sent an email requesting that the driveway coming out to Wagner Road be moved to the north. Engineering also noted that there would be a fee to hook up to the sewer. STAFF ANALYSIS — There is no platting required for this request. SUBDIVISION SPA-North of 1318 Martin Road Page 2 of Page 211 of 259 July 10,2018 ORDINANCE: STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "M-2,P" Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. 2. That the building be a minimum V above the base flood elevation. SPA-North of 1318 Martin Road Page 3 of Page 212 of 259 City of Waterloo Planning, Programming and Zoning Commission July io,2oi8 M-1 R-1 a M-2,P o� �o M-2 WAIRLINEHWY n a r rn 1� C7s M-1 0 z gR�A�wAyST � U A-1 WYTH RD A-1 218 o z R-3 R-2 a = C-1 z, 3 R-2 N West of 305o Airline Highway W* E Site Plan Amendment to "M-2,P" Dalhstrom Properties LLC 1,000 500 0 1,000 ®R� Feet Page 213 of 259 City of Waterloo Planning, Programming and Zoning Commission July io, 2M8 r iry � I �/i r It✓til rr�wri//r.frw, a JI,�"�l O�J"D`�% 1 if, / arnnn'r` r/ Location of Proposed Building o I� / , � r mw•I I 1 ;,''�3u r�9r�lYlr,,., �m�. r�aa�ni ,. ,:@,. ,✓ tip. N West of 3050 Wagner Road w E Site Plan Amendment to "M-2,P" s Brent Dahlstrom 250 125 0 250 0 � Feet Page 214 of 259 t� w a r w , I! , � �J�r�yrr�siuny « r / p C n I " r 0 Y a r � 9 r 1;� I (, � ti%'�� ✓ Ili%� �8 /'N� 1/ w , uu o I �� r �, .,.,. � .;� ,� , .. ��. `� �w��, r .Mn �! I� �'�y 'fir �l, ¢ � , �� / i �� % ` � G�, i �i 4 � r�, [ � o ��.. � .. Gw rVl �i u�9 1�Y�q ,, r a o k� ', �� l �' ''%y , _u t �o,� d �� ' , o � t �,,, �...w �� _. . . ___-� o;: y �� .. � •• � � r i�. .J� � �, e �� — ... y� � � � f� ��i� �� 'i �� ,, ,��'�<' a�, r � � ;"' ��r� ;, °� o �� "�" � �, '�� ' �," ma. � ..i�i m�� t� 'iil I�yi� iiY� Fiu Y' ��' ��' I i i � ori .� � � � u , '� s5 � �,- v� _ � u bf` pro^ � �� /y� �. ��, � a ,i,�.�. .wwu �„ � � � ��o �.wiu �� P� � �� eek, {V,�� ,ll, J ;� ��w ✓„ �� e m �� f t�l1�d, I� i it � i i //, � �„ �. �� ii ` r, u�� o��i it �� . � �f�� iiii �4 i� ..i l y '�� ', �� i !�� r ry � M. ' �� .�ryeV r ,. i W i II ! « :r I w w � f' I r Yll j �f I � r �API /Uri i�rl, l n, I v IIIIIIIIIIIIIII r r, I � f MhW r APPLICATION SITE PLAN A,MENDMZETO A ""R-P9% Nr DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319291.4366 lNeworOveraflAniendniellt New ...................... lndMdual Building Mnnor changebe approved by staff) (check one)(Minor Change inust I. APPLWATION INFORMATION: a- Applicant's name (please print): ....... Address: 604 gay St. Phone• 319-768-7150 Fax: -— ———--—----------------- City: Cedar FaUs State: �A Zip' 50613 .- .- '_''---------------—--—-------- ....... 1), Status of applicant: (a)Owner_>L(b)Other (CHECK ONE): If other explain: ........._ ................ Property owner's narne if different than above(please Address: City:..._............. ...... .......... 2, PROPERTY 'INFORMATION: a General location of site plan to be arnended: N.W. corner of Airfin� H[g a &We .......... .-gner Rd,.,,,----——--__-- ......................w_.. ..I..... b L,egal description of property or portion to be aniended: Mid Port Ainenca Park Rat No. 3,Lot 2(t&UnpWted Watehoo East Part Sec 4 T 89 R 13 Begin at Int Nly row fine W Airline Hwy&Ny row line Wagner Rd th N 600 ft th W 3300 ft th S to My row fine tCG RR th SEly along My RR row to My row Rne W krfine Hwy th any abng%aid row line to pont of Beginning&triat part SE SW Sec 4 T 89 R 13 lying S of tC RR exc Ny 875 ft&exc street and exc that pail ptatted to Mid America Park Pat No.1 &No.2& No, C' Dimensions of proposed site plan amendment: Rou9Ny1,,.065ftx610ft d. Area of proposed site plan amendrnenc,..Bq�N 6�6486thaE____ ......... e. Current zoning: C-.P................ f, Reason(s) for site plan antendment and proposed use(s) of property: Add new warehouse&future expansion space ............. ............ Conditions (if any)agreed to (does not affect existing conditions unless specified): ...................................... ............. .......... ............ hOther pertinent information(use reverse side if necessary):_____ ---....................... Please Note: Wapplicant,is not the owner of the property,the signature ofthe oNvner unrest be secured. 1f it is the intent to �Ubdivide (split) any land, vacant or improved in cornjunction with this request it inust go through a platting process (scparate from site plan amendment request). The filing fee of$200 (for new or overall amendment), SO(fior individual Building), or$0(for minor change)(payable to dic (lity of'Waterloo) is required, This fee is non-refundable. LJ oder rues condition shall said sum or ally pall thereof be rellmded for failUTC of said amendment to be enacted into law. Any major change in any of the information given wffl req,uire that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the sarne or portion of the same property shall be filed with or considered by the planning, Programming, and Zoning ('orrunission until four (4) months have elapsed from the (late of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all infiontlation on this request and submitted along V'14h it is tme and Correct, All information submitted will be used by the Waterloo Planning, Programming, and Zoning ("ornmission and the Waterloo City Council in ntaking their decision. The enders hied authorize City Zoning Officials to enter the property in question in regards to the request. J rrl 71�1 11--_e'---0fAppI i cant Date Signature of Owner Date Page 218 of 259 CITY OF WATERLOO Council Communication Amendment No. 5 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan. City Council Meeting: 8/13/2018 Prepared: 6/26/2018 REVIEWERS: Department Reviewer Action Date 1° aaauan'iuIg& zonu ing Sdp roederr, A.ric Approved 7/31/2018 ii ... 11.38 AM Q. Ileup< Office Eveam, L_eA.uiri Approved pp/1/201 .. 11-.58 Aad ATTACHMENTS: Description Type N1° No as Baad<uup MaateirU P&Z Mcnao Backup l aateriaall ❑ aaeirp,,fl 11aack upr 1" ate iaall paictu:ures 11aackupa Materiaall Motion to receive, file, consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, Comfy of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City SUBJECT: of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal project. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo recently approved a purchase agreement with John and Dessie Rottinghaus to purchase 19.08 acres of land along North Ell,Run Road. The acquisition is contingent on the area being annexed into the City of Waterloo, and the Northeast Industrial TIF District expanded to include the site, so that TIF funds can be utilized to acquire the site. The City has initiated steps to annex the land, but has obtained consent of Black Hawk County for both the annexation and the TIF expansion, so that we can proceed with the TIF expansion prior to completion of the annexation. The Page 219 of 259 acquisition area is approximately 19.08, while the annexation is approximately Summary Statement: 20.22 acres, as it includes adjoining right-of-way of North Elk Run Road. The TIF expansion area is approximately 24.57 acres, as it includes additional right-of-way of North Elk Run Road. Amendments to a TIF Plan require a consultation with taxing entities, which was held on July 17, 2018. The amendment will also update projects and include additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission reviewed the proposed amendment at their regular meeting on June 5, 2018 and unanimously recommended approval of the amendment. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 220 of 259 Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA,50703 319-291-4366 Return to preparer after recording. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 5 - 2018) Page 221 of 259 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the City of Waterloo should develop the Northeast Industrial Area into a nationally recognized industrial park. This is made possible with the construction of North Elk run Road, the sewage lagoon, and the proposed Martin Luther King Drive. The Northeast Industrial Area Urban Renewal and Redevelopment Plan presents a proposal for the location of an industrial park on various lands at and near the Northeast Industrial Area. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan,pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 222 of 259 TABLE OF CONTENTS I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA-ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING &ZONING COMMISSION RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 Page 223 of 259 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING L. BLACK HAWK COUNTY CONSENT TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AND TIF DISTRICT, AMENDMENT NO. 5 3 Page 224 of 259 I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description(See Attachment`B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Northeast Industrial Area Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Northeast Industrial Area Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. 4 Page 225 of 259 (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Northeast Industrial Area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision,removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Northeast Industrial Area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, rail, traffic control,parking, skywalks, street amenities, etc., which may be necessary as the area is developed. (6) All of the objectives adopted by the original plan adopted in 1993, Amendment No. 1 adopted in 2004, and Amendment No. 2 adopted in 2015. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. C. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan in that both strive to: 5 Page 226 of 259 a. Maintain the City's role as a regional center of commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets,rail, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, rail access, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for 6 Page 227 of 259 necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the Northeast Industrial Area. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. C. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. 7 Page 228 of 259 The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. Northeast Industrial Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the Northeast Industrial Area. The known and anticipated projects are listed in Attachment D. In the future this list of projects may be amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets,rail, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds,potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Northeast Industrial area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, rail, sidewalks, walkways or other places within the Project Area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo Planning, Programming and Zoning Commission (when required) and a public hearing is held. 8 Page 229 of 259 F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment «F») G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment"C" attached to the latest Plan amendment. II. PROJECT BUDGET A. Narrative The Northeast Industrial Area Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed,but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known and anticipated projects are listed in Attachment"D". 1. Acquisition of property. 2. Tax rebate program The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each new taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10)years, or twenty(20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2)to pay off public improvements (street and/or parking improvements, extension of skywalks, etc.) associated with enhancing the new development and/or the 9 Page 230 of 259 total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of 5500.00. This program is not applicable to the Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers,parking, streetscape, bridge improvements, skywalks, sidewalks, rail, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. The tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets,rail, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements,parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 10 Page 231 of 259 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, HQJC, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A-K. A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming &Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting Tax Increment Financing District K. Notice of Public Hearing L. Black Hawk County Consent to Northeast Industrial Area Urban Renewal and Redevelopment Plan and TIF District, Amendment No. 5 11 Page 232 of 259 c a Q x rn c LU J p =3 J O mi o c am p , S'O v W N CL U p v £w z x O ■ i d Lu co Ln LL 0 w LL CL z o x W ° J i- Z W z __ �._ _� A..1 •-••- -�W O8N(1a>1-73�'N m 'N LO V W zRON i to NOOA_L 1 �V J H M ■ �� GJ j wt�j l0 ■ O V W o V S( L CA. �Jo� �G V� z y z d rL -LU zi OMi , I ca w ' v N7b00383a z .......... :.. ...... .. II it z } r. 4-0 �11, L C/) Y .W OW W -j Z W- ao lSb3HlaON ;"aO1SH3HlaON CO W holo.,. .. o z - __ ....{ ,, co .:3n v doHsia w - Ni laedwea �. � z W. 11 11 Lu Lu � mHIM I Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Oripainal Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5t"Principal Meridian in the City of Waterloo,Black Hawk County,Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89,Range 12,thence West along the South line of said Section to a point that is sixty-six(66)feet West of the West line of the East one-half (1/2) of the Southeast quarter(SE 1/4) of said Section,thence North along a line sixty-six(66)feet West of the West line of said East one-half(1/2)to its intersection with the South line of the North one-half (1/2) of the Northwest quarter(NW 1/4) of the Southeast quarter(SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter(1/4) of said Section,thence Northerly along the West line of the Northeast quarter(NE 1/4) of the Southeast quarter(SE 1/4) said Section to the Southwest corner of the Southeast quarter(SE 1/4)of the Northeast quarter(NE 1/4) said Section,thence West along the South line of the North one-half(1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter(SW 1/4) of the Northwest quarter(NW 1/4) said Section,thence East one hundred ninety-four and four tenths (194.4) feet,thence North parallel to the West line of said Section to the North line of said Section,thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15,Township 89, Range 12 to the Northwest corner of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) said Section, thence East along the North line of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) to the Northeast corner of said quarter(1/4)quarter(1/4) said Section,thence South along the East line of the Southwest quarter(SW 1/4)of the Southwest quarter(SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said South Right-of-Way line to its intersection with the East line of the Southeast quarter(SE 1/4) of the Southwest quarter(SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo,thence South following the current(1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22,Township 89, Range 12,thence continuing South along the East line of the Northeast quarter(NE 1/4) of the Northwest quarter(NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section,thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±,thence North 40°01'01"West 166.19 feet,thence North 15°32'50"West 194.91 feet,thence North 02°34'55"West 174.45 feet,thence North 32°18'09"East 115.17 feet, thence North 57°10'27"East 111.27 feet to the South line of the Union Pacific Railroad Right of Way,thence South 70°11'41"West along said South Right-of-Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27"East 190.29 feet, thence South 73°13'02"East 119.21 feet, thence South 61°04'21"East 154.14 feet, thence South Page 234 of 259 40°08'51"East 145.09 feet, thence South 24°47'31"East 141.92 feet, thence South 9°45'15"East 287.51 feet,thence South 0°06' West 261.27 feet,thence South 14°18" West 256.24 feet,thence South 65.02 feet,thence West 766 feet to the East line of North Elk Run Road,thence South 70 feet along said right- of-way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South 60 feet,thence East 165 feet,thence South 0'07'14"East 777.35 feet,thence South 81°02'06" West 255.19 feet,thence South 94.32 feet to the South line of the Northwest quarter(NW 1/4) of said Section,thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12,thence North along said West line to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right-of-Way line through Section 21,Township 89, Range 12 to its intersection with the West line of Southeast quarter(SE 1/4) of the Northwest quarter (NW 1/4), of Section 21,thence South along said West line to the Northwest corner of the Northeast quarter(NE 1/4) of the Southwest quarter(SW 1/4) said Section,thence East along the North line of the Southwest quarter(SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate liinit line of Waterloo,thence South along the East line of the Southwest quarter(1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast '/4 of said Section, except the Southeast '/4 of the Southeast '/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest '/4 of the Southeast '/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section,thence North along the West line of said Section to the West '/4 corner of said Section,thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast'/4 of the Southeast'/4 of said Section,thence South along the West line of the Northeast'/4 of the Southeast '/4 of said Section to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right of Way line to the South line of the North'/Z of the Northeast'/4 of the Southwest '/4 of Section 20 Township 89 Range 13,thence East along the South line of North ''/z of the Northeast '/4 of the Southwest''/4 and the South line of the North%z of the Northwest'/4 of the Southeast '/4 to its intersection with a line 66 feet West of and parallel to the West line of the East '/z of the Southeast '/4 said Section,thence South along said parallel line to the South line of said Section,thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue),thence Northerly along the centerline of Northeast Drive, as now established,to North line of the South 990' of said Section,thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Except the following areas removed from the Amendment No. I area by Amendment No. 3 (2017): Page 235 of 259 The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County,Iowa. Also except a parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21,Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. I area located in Section 20, Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,but not excepting that part of the West%of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West '/2 of the Southeast '/4 of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive(formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian,Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right-of-Way, except the North 990 feet thereof. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County,Iowa. And, A parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County,Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. And, That part of the above described Amendment No. I area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa, except that part of the West ''/z of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and except that part of the North 5 acres of the West '/z of the Southeast'/4 of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and except the Union Pacific Railroad Right of Way. Page 236 of 259 Amendment No. 5 area (2018) (Amendment No. 5 Subarea) The Northwest '/4 of the Southwest '/4 of Section 15, T89N, R12W, Except the North 1/2 thereof, Black Hawk County, Iowa. And, That part of the right-of-way of North Elk Run Road described as follows: Beginning at the Southeast Corner of Section 16, T89N,R12W,thence West along the South line of said Section 16 to its intersection with a Southerly extension of the Westerly right-of-way line of North Elk Run Road,thence Northerly along said Southerly extension of the Westerly right-of-way line of North Elk Run Road and the Westerly right-of-way line of North Elk Run Road to its intersection with the Westerly extension of the South line of the North '/2 of the Northwest'/4 of the Southwest Quarter of Section 15, T89N, R12W,thence Easterly along said Westerly extension to its intersection with the East line of said Section 16,thence South along the East line of said Section 16 to the Point of Beginning, City of Waterloo,Black Hawk County,Iowa. Page 237 of 259 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2015 January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165 Legal Bonding Rate 5% Legal Bonding Limit $ 188,507,108 Less Outstanding G.O. & Other Debt ($ 94,503,764) Unused Gross bonding Capacity $ 94,003,344 50% of legal limit Page 238 of 259 Attachment D- Northeast Industrial Park Amendment No. 5 (2018) Project Proposals Proposed Budgets 1) Future or Anticipated Acquisition $2,800,000 2) Future or Anticiapted Demolition $500,000 3) Site Improvements, platting $2,000,000 4) Water&Sewer $2,000,000 5) Legal fees, consulting fees, and related expenses $500,000 associated with administration and operation of the Urban Renewal Area 6) Miscellaneous (certification, environmental) $300,000 7) Railroad extension $700,000 8) Twin City Tannery- rebates $61,000 9) Veteran Enterprises- rebates $70,000 10) Ferguson Enterprises- rebates $625,000 11) Eagles Wings (Harris Cleaning) - rebates $40,000 12) ConTrol - rebates $150,000 13) Heavy water prospect- infrastructure and rebates $500,000 14) Light Industrial prospect- rebates $1,800,000 15) Rottinghaus Acquisition $400,000 Total $12,446,000 Page 239 of 259 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo,plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety(90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty(30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). 16 Page 240 of 259 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program,persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Community Planning&Development Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Community Planning & Development Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. 17 Page 241 of 259 ATTACHMENT G A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 5 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Long Range Use Plan for this area, NOW THEREFORE, BE IT RESOLVED that the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 5 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2018. Craig Holdiman, Chairperson ATTEST: Aric Schroeder, Secretary CERTIFICATE We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning Programming &Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming &Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. Craig Holidman, Chairperson Aric Schroeder, Secretary 18 Page 242 of 259 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES 19 Page 243 of 259 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING 20 Page 244 of 259 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING 21 Page 245 of 259 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING 22 Page 246 of 259 ATTACHMENT"L" BLACK HAWK COUNTY CONSENT TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AND TIE DISTRICT,AMENDMENT NO. 5 I The undersigned Black Hawk County hereby consents to the City of Waterloo, Iowa, to include the territory illustrated by the map in the attached Exhibit`°A" and that has been legally described in the attached Exhibit"B"in the Northeast Industrial.Area Urban Renewal and j Redevelopment Plan and TIF District,Amendment No. 5. i Said consent to include the territory in the TIF District is to comply with Iowa Code Section 403.6 and 403.17 for an "area of operation" for an urban renewal project. By: Date: " t Craig chair, Black Hawk County Board of Sup6 iso I 1 Page 247 of 259 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: June 1, 2018 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Expansion to the Northeast Industrial Area Urban Renewal and MEMBERS ................... Redevelopment Plan and TIF District—Amendment No. 5 MARGARET KLEIN Planning staff is proposing to amend the Northeast Industrial Area Urban Ward I Renewal and Redevelopment Plan and TIF District to expand the TIF District by BRUCE one additional parcel, and right-of-way of North Elk Run Road. The expansion JACOBS represents a proposal for the improvement and location of commercial and Ward industrial development and provides for public improvements in order to increase PAT the tax base and employment opportunities in the Northeast Industrial Area MORRISSEY Urban Renewal and Redevelopment Plan area. Ward 3 JEROME The expanded area would include a 19.08 acre parcel of land on the east side of AMOS North Elk Run Road,just northeast of 4455 Remington Road, and a portion of Ward North Elk Run Road right-of-way, for a total area of 24.57 acres. The parcel is CHRIS currently owned by John and Dessie Rottinghaus and the City of Waterloo has an SHIMP agreement to purchase the property. The property, along with the adjacent right- Wards of-way of Elk Run Road, are proposed to be annexed into the City of Waterloo SHARON UON and included in the TIF District, and would be available for future development. The amendment will also update projects and project budgets to be included in the JAUON Plan, and include other general updates to the Plan. STEVE Attached is a map showing the proposed expansion area for Amendment No. 5. SCHMITT At-Large If you have any questions on the amendment, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! Page 248 of 259 An Equal Opportunity/Affirmative Action Employer g City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 II iywrr �!J'J � ��/'li, °'Ni�9 ., , i ��I'Y� t' Ul/` rh"1 rr�"'.Id sw i,", ��, i rvoiryrVi✓��, �,Ir'tlr �I; H N � pl !o ; IIIA s 7/,i V" IJ GI r /r r " Area in Question REMINGTON RD REMINGTON RD REMINGTON NEWELL ST NEWELL ST ,;,.NEWELL ST„„ ,„ NEWELL ST NEWELL ST,, NE J Exl In T F Ar �N. ✓ �, „ ,:. 6 ,ll„�/r //... ,.,earl-,. � / / ,� / �I� Nv r / w� l /,. ;4:5.1°i110� e� N NW of 4455 Remington Road W E Urban Renewal Area and TIF s Expansion 5 250 o eoo • City of Waterloo Feet , ' Page 249 of 259 TIF Expansion — N or 4455 Remington Road WIN Looking southeast from North Elk Run Looking northeast from North Elk Run Road near the northwest corner of the Road near the southwest corner of the property. property. 111 ilk i�VI!!iiii,;: r n e Y Looking west across North Elk Run Road Looking southwest across North Elk Run at the John Deere Tractor Works. Road at Tyson Fresh Meats. Page 250 of 259 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of the conclusion of employment for Stan Seda, Maintenance, effective July 30, 2018 with recoininendation of approval of payout of$25,568.86 for unused benefits. City Council Meeting: 8/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date 11in na ti 1�eso urccs p:9unm n, 1 amm e Approved 8/7/2018 ... 9-38 A t."clerk Office ppp;by, 114ammmcy Approved 8/7/2018 9.54 Aad ATTACHMENTS: Description Type Communication from the Waste Management Services Department on the SUBJECT: notice of the conclusion of employment for Stan Seda. Maintenance, effective July 30, 2018 with recommendation of approval of payout of 525.568.86 for unused benefits. Submitted by: Submitted By: Page 251 of 259 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 60703 Today's Date: 81112018 Effective Date: 7/30/2018 Employment Date: 61111973 To: City Council Members Re: Notice of Severance Department Waste!Nana gem nt Job Title/Classification Maintenance This Is to report that the employment of Stan Seda with the City of Waterloo has been severed by reason of: B Retired Disability Related P1 No 0 Yes Resigned Termination El Other In accordance with City Policy,It Is requested to allow payment which consists of the following: t3eneflts Total Hours (x)Hourly Rate Total Payouk Vacation-Accrued 116 $ 28.10 $ 3,259.60 IVacation-Current 40 $ 28.10 $ 1,124.00 jUsable Sick Leave (x)25% $ -Frozen Sick Leave 1223.54 $ 28,10 (x)60% $ 20,628,88 IPersonal Hours 20 $ 28.10 $ 562.00 IComp Time Pay -0.2 $ 28.10 $ (5.62) ,Unscheduled Leave l $ 10therPay 71L T $ Total Payment Comments: Approved by ,,S;Aj Date Human Resou Date r(esEy 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 6/22/I I Council Agenda Date: 0 Accruals Elstatus 0-9 Page 252 of 259 CITY OF WATERLOO Council Communication Communication from the Cedar Valley SportsPlex- Leisure Services Department on the notice of the conclusion of employment for Jacob Frederick, Fitness Specialist, effective July 6, 2018 with recommendation of approval of payout of$4,028.75 for unused benefits. City Council Meeting: 8/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date 11inma ti 1�eso urccs 1 amm e Approved 8/7/2018 ... 9.37 AM t."clerk Office Ifigby, 114ammmcy Approved 8/7/2018 9.53 Aad ATTACHMENTS: Description Type Communication from the Cedar Valley SportsPlex- Leisure Services SUBJECT: Department on the notice of the conclusion of employment for Jacob Frederick, Fitness Specialist, effective July6. 2018 with recommendation of approval of payout of 54,028.75 for unused benefits. Submitted by: Submitted By: Page 253 of 259 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 7/10/2016 Effective Date: 71612018 Employment Date: 1211712013 To: City Council Members Re: Notice of Severance Department Cedar Valley SportsPlex-Leisure Services Job Title/C lass if icati on Fitness Specialist This is to report that the employment of Jacob Frederick with the City of Waterloo has been severed by reason of: El Retired Disability Related El No 0 Yes ❑ Resigned Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate jVacation.Acjrued 41 $ 22.57 $ 925.37 jVacation-Current :] 98 $ 22.57 $ 2,211.86 lUsable Sick Leave 1 0 $ 22.57 (x)25% $ -Frozen Sick Leave 0 $ 22.57 (x)60% $ IPersonal Hours 1 32 $ 22.57 $ 722.24 Comp Time Time Pay 7.5 $ 22.57 $ 169.28 Unscheduled Leave 0 $ - Other Pay 0therPay $ Total Payment Comments: ii Approved by 54Date 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 6128111 Council Agenda Date: El Accruals E]Status EI-9 Page 254 of 259 CITY OF WATERLOO Council Communication Communication from the Engineering Department on the notice of the conclusion of employment for Eric Thorson, City Engineer, effective July 31, 2018 with recommendation of approval of payout of$8,010.00 for unused benefits. City Council Meeting: 8/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date 11in na ti 11eso urccs 1:9monm n, 1 amm e Approved 8/7/2018 ... 9.37 AM (."clerk Office 1pp;i)y, 114ammmcy Approved 8/1/2018 9.53 Aad ATTACHMENTS: Description Type Communication from the Engineering Department on the notice of the SUBJECT: conclusion of employment for Eric Thorson, City Engineer, effective July 31, 2018 with recommendation of approval of payout of$8,010.00 for unused benefits. Submitted by: Submitted By: Page 255 of 259 CITY OF WATERLOOm IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 81212018 Effective Date: 713112018 Employment Date: 613011974 To: City Council Members Re: Notice of Severance Department Engineering Job Title/Classification City Engineer This is to report that the employment of Eric Thorson with the City of Waterloo has been severed by reason of: El Retired Disability Related El No El Yes El Resigned Termination Other In accordance with City Policy, it Is requested to allow payment which consists of the following: I Benefits Total Hours (x)Hourly Rate I Vacation-Accrued 116 $ 53.40 $6,194.40 IVacation-Current Usable Sick Leave 1 8 $ 53.40 25% $106.80 lFrozen Sick Leave I lPersonal Hours 1 32 $ 53.40 $ 1,708.80 lComp Time Pay jUnscheduled Leave jBirthday Comments: Approved by'/,9:,U,Cj C-'�-" Date Huma Resourr es 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 6128111 Council Agenda Date: Cl Accruals []status F-1.9 Page 256 of 259 CITY OF WATERLOO Council Communication Civil Service Commission minutes from May 31, 2018. City Council Meeting: 8/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date flutnari Resmirces Du[mu , 1,mcc A.pproved 8/7/208 ... 9:36 AM t]errk Office fIng))y, T" ars cy Approved 8/'7/2018 .. 9.53 AM ATTACHMENTS: Description Type SUBJECT: Civil Service Commission minutes from May 31, 2018. Submitted by: Submitted By: Page 257 of 259 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. Thursday,May 31,2018 1St Floor Conference Room—City Hall Members Present: Barry Haskins, Lovie Caldwell, Ethel Washington Member Absent: Abraham Funchess (ex officio) Others Present: Rudy Jones, Cheryl Huddleston Moved by Haskins, seconded by Washington to approve the May 31, 2018 Agenda. Motion carried. Moved by Caldwell, seconded by Haskins to approve the March 30, 2018 Minutes. Motion carried UNFINISHED BUSINESS The Civil Service List for Waste Water Operator— Waste Management Services was presented for certification. The personnel requisition was approved on 3/29/18 and the Civil Service Commission approved the job description and testing criteria on 3/30/18. There are 2 vacancies due to retirements. The position was advertised in the Courier, on the City website, notices sent to the agencies and organizations on the Affirmative Action list, posted in all City departments and the Cedar Valley Alliance website. We received 29 resumes and 7 candidates were invited to interview. Panel members were Brian Rath and Brian Bowman from Waste Management and Cheryl Huddleston from Human Resources. Two cancelled. The list has 5 white males. Moved by Haskins, seconded by Washington: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Waste Water Operator for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next year(May 31, 2018—May 30, 2019). CERTIFIED LIST Timothy Troyer Matthew White Nolan Rasmusson William Hunt Aaron Schroeder Motion carried. The Civil Service List for Senior Rehabilitation Specialist—Community Planning & Development was presented for certification. The personnel requisition was approved on 12/14/17 as Manager of Rehabilitation Services but later downgraded and reclassified due to budget constraints. The job description adds some additional responsibilities from Rehabilitatin Specialist but not as much responsibility as the Manager. The job description and testing criteria were approved by the Civil Service Commission on 3/30/18. There is a vacancy due to a retirement. The position was posted in all City departments as a promotion. We received 1 resume and the candidate was interviewed by Rudy Jones and Angie Fordyce from Community Development and Cheryl Huddleston from Human Resources. The list has 1 white male. Moved by Washington, seconded by Haskins: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Senior Rehabilitation Specialist for the City of Waterloo, Iowa Community Planning&Development Department. This list shall exhaust upon appointment. Page 258 of 259 CERTIFIED LIST Matthew Chesmore Motion carried. The Civil Service List for Intake Specialist — Community Planning & Development was presented for certification. The personnel requisition was approved by Human Resources on 8/17/17 as Administrative Assistant but later downgraded and reclassified due to budget constraints. This is a new position. The job description and testing criteria were approved by the Civil Service Commission on 3/30/18. The position was advertised in the Courier, on the City website, notices sent to the agencies and organizations on the Affirmative Action list, posted in all City departments and the Cedar Valley Alliance website. We received 15 resumes and 3 candidates were invited to interview. Panel members were Rudy Jones and Angie Fordyce from Community Development and Cheryl Huddleston from Human Resources. One candidate cancelled. The list has 1 white male and 1 white female. Moved by Haskins, seconded by Caldwell: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Intake Specialist for the City of Waterloo, Iowa Community Planning & Development Department. Appointment(s) shall be made from this list for the next year(May 31, 2018 —May 30 2019). CERTIFIED LIST Eric Kramer Monica Card Motion carried. Updates Medical Supervisor—Fire Rescue The Civil Service Commission approved the job description on 2/2/18 and the personnel requisition was approved on 5/30/18. There is a vacancy due to a retirement and the position will be posted as a promotional in all Fire Stations. Police Recruit— Police Department The personnel requisition was approved 1/10/18 and the Civil Service Commission approved the job description and testing criteria on 3/30/18. The current Civil Service list expires 5/18/18. The position was advertised extensively - besides the Courier, the City website, the Affirmative Action List, all City departments and the CV Alliance website, it was also posted on policeone.com, policerecruit.com, Monster, the National Minority Update website and the College Central Network. We received 75 resumes. The physical ability and written exams are scheduled for 6/1/18; those who pass those processes will be interviewed the week of 7/9/18. NEW BUSINESS None OTHER BUSINESS None With no further business, moved by Washington, seconded by Haskins to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission Page 259 of 259