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HomeMy WebLinkAboutCouncil Packet - 10/22/2018 Amended Council Agenda Item Council Meeting Monday, October 22, 2018 MIM Delete Item 9. Resolution awarding bid to Trans Iowa Equipment, LLC of Ankeny, Iowa in the amount of $130,082, for the purchase of a SnoGo Loader Mounted Snow Blower. Item deleted to allow additional staff time to review bid options. THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 22, 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 112 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Michelle Weidner, Chief Financial Officer Agenda, as proposed or amended. Minutes of October 15, 2018, Regular Session, as proposed. Proclamation declaring October 24, 2018 as United Nations Day. Proclamation declaring October 21-27, 2018 as National Lead Poisoning Prevention Week. ORAL PRESENTATIONS I owa 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 Main Street Waterloo to host their annual Winter Wonder'Loo celebration on Saturday, November 24, 2018 from 3:00 P.M. to 7:00 P.M. in Downtown Waterloo at Newton's Park and Black's Building, including street closures on Sycamore Street from Park Ave. to E. 4th Street. Submitted By: Dave Mohlis, Police Captain 3. Request from Javior Adame for a waiver for a concrete driveway located at 1127 Beech Street, 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. Resolution approving request of Donna Miller, of 3462 Dewitt Rd., for a waiver for a gravel farm entrance serving Parcel ID 8814-01-376-005. Submitted By: Jamie Knutson, PE, Interim City Engineer 5. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as November 8, 2018, and date of public hearing as November 12, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Page 2 of 112 Replacement Project, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution setting date of public hearing as November 12, 2018 to approve the request by the City of Waterloo for a site plan amendment to the "M-2,P" Planned Industrial District for an updated site plan for the construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving cancellation of assessment for 1935 Lafayette Street in the amount of$229.94, authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk B. Motion to approve the following: 1. TRAVEL REQUESTS a. Jason Hernandez, Medical Supervisor Class/Meeting: IEMSA Conference (Iowa Emergency Medical Service Association) Destination: Des Moines, IA Dates: November 7-10, Amount not to exceed: $580.00 2018 b. Steve Hoambrecker, Waste Management Service Director Class/Meeting: 12th Annual Four-States Governmental Affairs Meeting - EPA Region 7 Office Destination: Lenexa, KS Dates: October 29-31, Amount not to exceed: $444.00 2018 C. Abraham Funchess, Executive Director and Rebecca Johnson, HR Specialist Class/Meeting: 2018 Vision Tour Destination: Memphis, Birmingham, Montgomery and Selma Dates: November 13-16, Amount not to exceed: $750.00 2018 d. Dave Zellhoefer, City Attorney Class/Meeting: 2018 IMAA Annual Seminar (Iowa Municipal Attorneys Association) Destination: Des Moines, IA Dates: November 15-16, Amount not to exceed: $150.00 2018 2. LIQUOR LICENSES a. BP Fuel, 127 Jefferson Street Class: E Liquor New Application Includes Sunday Expiration Date: 10/24/2019 Page 3 of 112 b. Fareway Stores#951, 40 W. San Marnan Drive Class: B Wine/ C Beer/ E Liquor Renewal Application Does not include Sunday Expiration Date: 11/15/2019 C. Hy-Vee #1 Club Room, 2834 Ansborough Avenue Class: Special Class C Liquor Renewal Application Includes Sunday Expiration Date: 10/16/2019 d. New Star Liquor, 1625 W. 4th Street Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 12/10/2018 3. Bonds. Submitted By: RESOLUTIONS 2. Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel-motel mini grant application for the Senior Scratch Bowling Association in the amount of$2,469. Submitted By: Tavis Hall, Executive Director of Waterloo Convention &Visitors Bureau 3. Resolution approving a Consulting Service Agreement with ShiveHattery Architecture- Engineering in an amount not to exceed $2,250 for professional consultant services to evaluate the existing interceptor lines, and authorize the Mayor to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Director 4. Resolution approving a demonstration and a pilot/demo MSI technology inspection with RedZone Robotics Inc., in an amount not to exceed $10,000. Submitted By: Steve Hoambrecker, Waste Management Services Director 5. Resolution approving termination of Planergy Ground Lease Agreement dated January 2, 2007, and authorize the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Director 6. Resolution approving Acquisition Contract with M and G Capital, LLC to acquire 500 square feet of right-of-way for University Avenue for$1,070, and approving a temporary easement agreement with M and G Capital, LLC in the amount of$2,512.79, located at 3727-3731 University Avenue, in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents. Submitted By:Aric Schroeder, City Planner 7. Resolution approving a request by the City of Waterloo for the Preliminary Plat of Brock 3rd Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue. Page 4 of 112 Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving submission of a Diesel Emissions Reduction Grant Application to replace one (1) 1999 John Deere Motor Grader with a Tier 4 2019 Emissions. Submitted By: Sandie Greco, Interim Public Works Director 9. Resolution approving installation of a speed hump located at 141 South Hackett Road. Submitted By: Sandie Greco, Interim Public Works Director 10. Resolution approving construction plans for paving, sanitary sewer, and storm sewer serving Cedar Valley Crossing, as submitted by Clapsaddle-Garber Associates, Inc. of Cedar Falls, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted By: Dennis Gentz, PE,Assistant City Engineer 11. Resolution approving the donation of land and acceptance of quit claim deed from ANACAPA Associates, LLC for a property located at 536 Dawson Street, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Director of Community Planning and Development ORDINANCES 12. Sewer Rate Increase Motion to receive, file and consider for the first time an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:45 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting Minutes of September 2018. Page 5 of 112 CITY OF WATERLOO Council Communication Minutes of October 15, 2018, Regular Session, as proposed. City Council Meeting: 10/22/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'iice ipn.i'by; 1" mcy Approved p0/16/20tl8 ... 9-15 AM ATTACHMENTS: Description Type Minutes mmf 10/p 5/2018 R.esampm.adon p...,(.-,ttc Submitted by: Submitted By: Page 6 of 112 October 15, 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, October 15, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Mrs. Juon joined the meeting via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Matt Mahler, General Manager Waterloo Water Works 146613 - Schmitt/Amos that the Agenda, as proposed, for the Regular Session on Monday, October 15, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146614 - Schmitt/Amos that the Minutes, as proposed, for the Regular Session on Monday, October 8, 2018, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Six. Motion carried. Proclamation declaring October 17, 2018 as Gentleman Day. Proclamation declaring October 21-27, 2018 as Character Counts Week. Recognition of Al Delagardelle for 30 years of service. Swearing in of two (2) Waterloo Fire Rescue Fire Recruits - Benjamin Weber and Brian Stewart. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if a roundabout will be built at the intersection of University Avenue and Greenhill Road. Mayor Hart explained that a roundabout would not be built at the intersection of University Avenue and Greenhill Road. David Dryer, 3145 W. 4th Street, questioned if the Fire Department is fully staffed and if Station 6 will remain open. He stated that too many firefighters and paramedics responded to a recent call for service. Forest Dillavou, 1725 Huntington Road, commented that Huntington Road receives a large amount of water whenever it rains, that this problem occurs all over town, and that the city does not need to do another study to understand a problem it already knows exists. The city needs to take bids to disconnect footing drains for citizens. Todd Obadal, 124 Amity Drive, stated that last week a development agreement was modified at the airport and that citizens were asked to believe that an honest mistake occurred that allowed the development agreement to state fifty percent rebates were warranted when the contract should have stated seventy percent. Bruce Kaesser, CRC Apartments, thanked everyone at the city for the job they are doing and that everyone tries their best. October 15, 2018 Page 2 Schmitt/Morrissey 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 October 15, 2018, in the amount of$2,653,422.46, 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. 2018-757. 2. Resolution approving the request of Gayle and Jim Christianson for tax exemptions on the construction of home improvements valued at $100,000 for a property located at 50 Medina Road, and located within the Consolidated Urban Revitalization Area (CUBA). Resolution adopted and upon approval by Mayor assigned No. 2018-758. 3. Resolution approving the request of Shane Gardner for tax exemptions on the construction of a new single family home valued at $313,900 for property located at 1216 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-759. 4. Resolution approving request from Robert Hewitt for a waiver for an asphalt driveway located at 4561 W. 4th Street with the elimination of the sidewalk section. Resolution adopted and upon approval by Mayor assigned No. 2018-760. 5. Resolution approving request of Kevin Hemmen for a waiver for a concrete approach located at 324 Duryea Street, and approve eliminating the sidewalk section due to structural concerns. Resolution adopted and upon approval by Mayor assigned No. 2018-761. 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as November 1, 2018, and date of public hearing as November 5, 2018, for the 2018 Tree Removal Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-762. 7. Resolution setting the date of public hearing as November 5, 2018 for a request by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street(former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street(former Waterloo Courier site), with the retention of a utility easement over, under and upon the entire vacate area, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-763. b. Motion to approve the following: October 15, 2018 Page 3 Renewal Date Sunda a. Damon's Sports Bar and Grill, C Liquor Renewal 10/4/2019 x 2122 Kimball Avenue b. Hy-Vee Wine & Spirits #1, B Wine/C Beer/E Renewal 11/14/2019 x 2126 Kimball Avenue Liquor c. Petersen & Tietz Florists & B Native Wine Renewal 10/8/2019 x Greenhouses, 2275 Independence Avenue d. Walmart Supercenter#1496, B Wine/C Beer/E New 9/30/2019 x 1334 Flammang Drive Liquor *Ownership Update* 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration New or Date Re-Appointment James Lentfer Memorial Hall Commission 3/31/2021 Re-Appointment John Mrzlak Memorial Hall Commission 3/31/2021 Re-Appointment Scott McDonald Memorial Hall Commission 3/31/2021 Re-Appointment Jessica Smith ADA Commission 10/15/2021 New 4. Bonds. Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 146616 - Schmitt/Amos that proof of publication of notice of public hearing on 2019 1-Ton Single Cab Pickup Truck with Plow Attachment, as published in the Waterloo Courier on October 4, 2018,be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned how many vehicles the city is purchasing and what happens to the older vehicles. Sandie Greco, Interim Public Works Director, explained that vehicles are sold on an online auction site and the ones that are not able to be sold are discarded. Bruce Kaesser, CRC Apartments, questioned the life expectancy for the trucks. Sandie Greco explained that quite a few trucks arc 15-20 years old and if the repairs exceed the vehicle worth they are replaced. October 15, 2018 Page 4 146619 - Schmitt/Amos that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 765. 146620 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $40,000.00 Bidder Bid Amount Dick Witham Waterloo, IA $42 713.00 Bill Colwell Ford H $44,803.00 Hudson, IA Voice vote-Ayes: Six. Motion carried. 146621 - Schmitt/Amos that "Resolution approving award of contract to Bill Cowell Ford of Hudson, Iowa, in the amount of $42,713, for the purchase of a 2019 1-ton single cab pickup truck with plow attachment, for the Traffic Operations Department",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 766. 146622 - Morrissey/Amos that proof of publication of notice of public hearing on 2019 Snow Blower for John Deere Endloader, as published in the Waterloo Courier on October 4, 2018, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146623 Morrissey/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146624 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Mr. Jacobs questioned why bids are so varied from the estimate. Sandie Greco explained that one is a blower and the snow go is one that rotates with blades. Staff arc currently researching and contacting other cities and counties to see which one works better." October 15, 2018 Page 5 Estimate: $110,000 Bidder Bid Amount Fair Manufacturers, Inc. Yankton, SD $88,110.00 Trans-Iowa Equipment A $130,082.00 Ankeny, IA Voice vote-Ayes: Six. Motion carried. 146627 - Amos/Jacobs that proof of publication of notice of public hearing on 2019 Service Truck for Street Department, as published in the Waterloo Courier on October 4, 2018, be received and placed on file. Voice vote- Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146628 - Amos/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146629 - Amos/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 769. 146630 - Amos/Morrissey that "Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 770. 146631 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $100,000 Bidder Bid Amount Bill Colwell Ford, Inc. $119,149.00 Hudson, IA Thompson Truck& Trailer D $119,338.00 Dubuque, IA Voice vote-Ayes: Six. Motion carried. iACC1 ) n___INr October 15, 2018 Page 6 This being the time and place of public hearing, the Mayor called for written and oral comments. Todd Obadal, 124 Amity Drive, questioned whether the $55,000 bid amount would cover the entire year and expressed his approval of the deal if this was the case. He asked whether the people whom had subscribed to the prior recycling program would be refunded their money. Sandie Greco explained that she is scheduling a work session to look at the state of recycling world- wide and researching the options at her disposal. Bruce Kaesser, CRC Apartments, questioned if this program is breaking even. Sandie Greco explained that the cost of recycling has increased over the last year. 146634 - Schmitt/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146635 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 772. 146636 - Schmitt/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 773. 146637 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to the Interim Public Works Director for review. Estimate: $55,000.00 Bidder Bid Amount Republic Services $144.54 Per Ton (Processing, Transport, Cedar Rapids, IA Handling, Fuel Recover Fee) Voice vote-Ayes: Six. Motion carried. 146638 - Morrissey/Amos that proof of publication of notice of public hearing on Rental of Four (4) Motor Graders to Support Snow Operations., as published in the Waterloo Courier on October 4, 2018, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. October 15, 2018 Page 7 146640 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 774. 146641 - Morrissey/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 775. 146642 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $128,000.00 Bidder Bid Amount Ziegler Postville, IA $7,000 per grader/month Murphy Tractor Waterloo, IA $9,950 per grader/month Voice vote-Ayes: Six. Motion carried. 146643 - Morrissey/Amos that"Resolution awarding the contract to Ziegler Cat of Postville, Iowa, in the amount of$7,000 per grader, per month for a total of$112,000, in conjunction with the rental of four (4) motor graders to support snow operations, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 776. RESOLUTIONS 146644 - Amos/Morrissey that "Resolution approving 2018 JAG Grant #2018-DJ-BX-0916 for the FY 2018 Edward Byrne Memorial Justice Assistance Grant in the amount of $73,914.00, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorize the Mayor to execute any necessary documents",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 777. 146645 - Amos/Morrissey that "Resolution approving Amendment No. 1 to the Customer Agreement with Sensys Gatso USA, October 15, 2018 Page 8 that "Resolution approving request by Chris E. Boyland for an Encroachment Agreement to allow for a fence 7 feet into the right of way of Wisconsin Street and 2.5 feet to 4 feet in the right of way of Byron Avenue, located at 621 Wisconsin Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 779. 146647 - Schmitt/Amos that"Resolution approving an amendment to the Collections Services Agreement with Credit Bureau Services of Iowa, Inc. of Oskaloosa, Iowa, to provide debt collection services to Waterloo Fire Rescue, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4 1 Street, questioned if this was the same contract that was referred to as a crash tax. Pat Treloar, Fire Chief, explained that a request went to council to bill for certain fire call types but council did not approve the agreement. The resolution on the agenda is to amend the collection agreement with the existing collection agency to inform them that the city is utilizing income offset for ambulance billing. He further explained the amendment. Resolution adopted and upon approval by Mayor assigned No. 2018- 780. 146648 - Schmitt/Amos that "Resolution approving Amendment to the Development Agreement with Avita Developments, LLC to transfer 1.5 acres of land, and authorize the Mayor and City Clerk execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 781. 146649 - Schmitt/Amos that "Resolution accepting donation of 115 Sumner Street from Lederman Bros. Property Management, LLC, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018- 782. 146650 - Morrissey/Amos that the council adjourn to Executive Session at 6:36 p.m. Roll call vote-Ayes: Six. Motion carried. City Attorney Dave Zellhoefer stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section §21.5(1)(c). EXECUTIVE SESSION 146651 - Schmitt/Amos CITY OF WATERLOO, IOWA PROCLAMATION WREREASs the United Nations was founded at the end of World War 11 to bring together a world devastated by war and injustice; and WRERE.AS, the United Nations continues to provide a forum for countries to work together for security and development, to make progress toward combating disease, hunger, and poverty, to support action to combat climate change, and to encourage quality education for all; and WHEREAS, 2018 is the 10th anniversary of the Universal Declaration of Human Rights, in which the nations of the world defined fundamental freedoms to be enjoyed by all people everywhere; and WHEREAS, the United Nations works through a variety of agencies to provide peacekeepers in war-ravaged areas, to support refugees from wars and discrimination, and to encourage international cooperation; and WHEREAS, the United Nations benefits the people of Iowa by protecting the environment, curbing climate change, preventing the spread of infectious diseases,facilitating international air travel, and expanding markets for Iowa farm and factory products by improving standards of living worldwide; and WHEREAS, the United Nations promotes values and practices cherished by Iowans including respect for life,the peaceful resolution of conflict, assistance to those in need,human dignity, and self- government. NOW, THEREFORE) 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim October 24,2018, UNITED NATION S DAY In Waterloo, Iowa and I do hereby encourage all citizens, residents, and visitors to join in observing this day and focusing on the vision of a world filled with peace and justice, brought about by the cooperation of all nations. IN WITNESS WREREW, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 22"d day of October 2018. A'A'A & CITY OF WATERLOO Council Communication Proclamation declaring October 21-27, 2018 as National Lead Poisoning Prevention Week. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date Mayor ()fficc Westphal, Michelle Approved G 0/17/20i8 .... 9-15 AM t`llerk Office i p ipgby, 1" aur cy App roved G 0/17/2018 .... tl 031 AM ATTACHMENTS: Description Type 13u-oedai-nation i....ead 1'oismuing, llrei/erilriori W'eck 2018 Covet Meulio Submitted by: Submitted By: Mayor Quentin Hart Page 16 of 112 0 'OWA PROCLAMATION WHEREA.Sp the City of Waterloo supports a healthy and safe environment for children and is dedicated to the protection of the health of all children; and N ,'E,AS, lead-contaminated paint, dust and soil are commonly found in older homes, specifically those built prior to 1978, and is the primary source of lead exposure of children; and H9 lead poisoning, which is an increased level of lead in the blood, is especially dangerous for children, particularly those under six years of age, and causes serious irreversible health effects; and 'WHEREAS, it is important that older housing units are tested and identified for lead hazards; and M(HEREAS,, it is vital that all citizens of Waterloo, especially parents and child caregivers, are aware of the dangers of lead poisoning and that appropriate screening is sought for their children as a preventative measure; and M(HEREASr, the City of Waterloo has partnered with the following organizations instrumental in the prevention of lead poisoning and the execution of our Lead Hazard Control and Healthy Homes Grant—Black Hawk. County Health Department, Waterloo Fire Rescue, Landlords of Black Hawk County, Operation Threshold, Peoples Community Health Clinic, YWCA, Waterloo Neighborhood Services, Waterloo Housing Authority, Tri-County Child and Family Development Council, Inc., and licensed and registered day care providers. N%'# , THEREFORE, i, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of October 21 –2.7, 2018, as NATIONAL AD 'DIS MNIN Pf tEVIUMON WJEEK 1N INITNESS WIHMOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 22nd day of October 2018. CITY OF WATERLOO Council Communication Request from Main Street Waterloo to host their annual Winter Wonder'Loo celebration on Saturday, November 24, 2018 from 3:00 P.M. to 7:00 P.M. in Downtown Waterloo at Newton's Park and Black's Building, including street closures on Sycamore Street from Park Ave. to E. 4th Street. City Council Meeting: 10/22/2018 Prepared: 10/11/2018 REVIEWERS: Department Reviewer Action Date Flo ce Departrnent Mohiis, Dave Approved 10/11/2018 ... 9.05 AM t.`Ilcap Office p p ig;by 11;amy Approved 10/16/2018 .... 9-.07 AM Request from Main Street Waterloo to host their annual Winter Wonder'Loo SUBJECT: celebration on Saturday, November 24. 2018 from 3:00 P.M. to 7:00 P.M. in Downtown Waterloo at Newton's Park and Black's Building including street closures on Sycamore Street from Park Ave. to E. 4th Street. Submitted by: Submitted By: Dave Mohlis. Police Captain Recommended Action: Approve Request Expenditure Required: Cost with placing and retrieving barricades Source of Funds: General Policy Issue: None Alternative: None Background Information: Annual event, no reported issues. Page 18 of 112 CITY OF WATERLOO Council Communication Request from Javior Adame for a waiver for a concrete driveway located at 1127 Beech Street, 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: 10/22/2018 Prepared: 10/12/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggdrrmeer'nng (iemmtc, gDemmm'ns Approved 10/17/2018 :12 AM (.`Ilemk Office Everrm, 1-eA.mirpproved 10/1`g/2018 -.41 AM ATTACHMENTS: Description Type DW Waiver er 1.12 T 1l m:m cli St Me nio Request from Javior Adame for a waiver for a concrete driveway located SUBJECT: at 1127 Beech Street, 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. Legal Descriptions: ROSE HILL FIRST ADDITION LOT 1 BLK 3 LOT 2 BLK 3 Page 19 of 112 WAIVER 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 "77 (concrete o 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. i Other, s5 I 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk Is constructed. 2. To remove and replace the private driveway, as needed,to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. f I t 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. I 5. To have the driveway constructed according to the specifications and policies of the city Engineer and under his supervision. l 6. This waiver is for this property only. w Attached herewith is a payment { 7. for the purpose of recording this agreement. meet in the amount of seven dollars �.. Op).. Respectfully submitted, 1 l Printed ameof Property Owner wnature of Property Owner �''" Page 20 of 112 f CITY OF WATERLOO Council Communication Resolution approving request of Donna Miller, of 3462 Dewitt Rd., for a waiver for a gravel farm entrance serving Parcel ID 8814-01-376-005. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date p:^nmg'ii X -n ng (nerftc, tem°mfis Approved G 0/17/2018 .M (` erk Ofpnce tlipt") > 114ammcy Approved 10/17/2018 :43 AM ATTACHMENTS: Description Type I..)Wwaiver 881401376005 fnirrm entrance Covet Menlo SUBJECT: Resolution approving request of Donna Miller. of 3462 Dewitt Rd., for a waiver for a gravel farm entrance serving Parcel ID 8814-01-376-005. Submitted by: Submitted By: Jamie Knutson; PE, Interim City Engineer Recommended Action: Recommendation of approval by the City Engineer. 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 Summary Statement: to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. SE SW SEC 1 T 88 R 14 EXC TH S 655 FT LYING SWLY OF LINE 60 FT SWLY& PAR TO SWLY RT OF WAY LINE OF C G W RWY & EXC LEGAL HWYALSO EXC THAT PART LYING IN THE SE SW DESC AS COM AT THE SE COR OF SAID SW 1/4 TH ALONG Legal Descriptions: THE E LINE OF SAID SW 1/4 N 1276.8 FT TH S 89 DEG 311/2 MIN W 33 FT TO WLY ROW LINE OF DEWITT RD BEING PT OF BEG TH S 89 DEG 311/2 MIN W 278 FT TH N 470 FT TH N 89 DEG 311/2 MIN E 278 FT TO WLY ROW LINE OF DEWITT RD TH ALONG SAID ROW LINE S 470 FT TO PT OF BEG AKA PARCEL A IN SURVEY 2011 014648 Page 21 of 112 Yy ,. : i Honorable Mayor and City Council � �` � ['7,11 V :D City Hall Waterloo, lA 50703 u l Y E J L'I Council Persons" d I hereby request a waiver to the driveway and sidewalk specifications for the construction of a o'y __..__ driveway or sidewalk located at fete r= s . alt} (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. 1 elimination of the sidewalk section for asphalt driveways. v_ � placement of a driveway or sidewalk on City right-of-way on an unimproved street. XI Other. d I agree to the following: °I. 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. d 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. d.. 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 I Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars {$7.00} for the purpose of recording this agreement. �m I Respectfully submitted, p y natof PropertOwner Printed Name of Pro ert Owner i�..... .., ..o�ure i Page 22 of 112 CITY OF WATERLOO Council Communication Resolution approving specifications, form of contract, etc. and setting the date of bid opening as November 8, 2018, and date of public hearing as November 12, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Replacement Project, and instruct City Clerk to publish notice. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date 1°p a::nn'rng& Zonr ing Schroeder, Axie Approved 10/17/2018 .., p 0.54 AM 1-111 (. Office Eveni, L-eA.r rn p proved 10/1`1/2018 .... p p:17 AM ATTACHMENTS: Description Type 1'V"V Roof S p ecw Me nio PW Piroposa: t."ove.r Me.n-io Resolution approving specifications; form of contract, etc. and setting the date of bid opening as November 8; 2018, and date of public hearing as SUBJECT: November 12, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Replacement Project, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Source of Funds: Public Works Page 23 of 112 October 23, 2018 Re: City of Waterloo, Public Works—Old CMC Building Re-roof All Bidders, The City of Waterloo is inviting you to bid on the Public Works— Old CMC Building Re-roofing Project, in Waterloo, Iowa. Bids are due by 1:00 pm on November 8, 2018. Bids must be marked Public Works— Old CMC Buiding Roofing Project, attn.: Noel Anderson and Mark Boesen. Bids will be received at the City Clerk's Office at 715 Mulberry Street, Waterloo, IA. Bids received after 1:00 pm on November 8, 2018, will not be accepted, and will be returned unopened. This project consists of reroofing existing flat roof. Existing roofing will be torn off to the existing deck in accordance with the attached specifications. Installation of the new roofing will be done in accordance with the attached specification. Metal deck repairs will be made as needed. The reroofing project must be completed before December 31, 2018, whether permitting. Please contact Ed Abben, Building Maintenance Foreman at 319-269-4688 to schedule a time to visit the site. Thank you, Mark Boesen Facilities Administrator Page 24 of 112 Proiect Scope of Work for the Flat Roof: Existing Roof Demolition 1. Remove the existing built-up roofing and insulation down to the roof decking. Perform disposal in manner complying with all applicable federal, state, and local regulations. (Copy of Asbestos Inspection Report is available upon request) Carpentry 1. New wood blocking of 2x dimensional lumber to be installed around the perimeter as necessary to accommodate new insulation height. 2. Add wood blocking to curb tops to allow for proper flashing heights if needed. Roof Insulation 1. Install 1/8"per foot tapered insulation polyisocyanurate insulation over the whole roof section. Joints of the insulation layers are to be offset at least 6", and must be no wider than 1/4". Install 1/4"per foot tapered polyisocyanurate insulation crickets to divert water to roof drains. Contractor to submit an attached drawing showing tapered layout with their bid. 2. Insulation to be adhered with a foam adhesive which is approved by system manufacturer. Cover board 1. Install 1/4' Dens Deck Prime cover board over the new insulation. 2. Dens deck to be mechanically fastened,per manufacturer's requirements. Roof Membrane I . install a black 60 mil, fully adhered FPDM roof system,per manufacturer's specification. 2. Install necessary flashing and accessories, all produced by the same manufacturer as the field membrane. 3. Parapet wall to be terminated with termination bar before sheet metal trim is installed. Install water block sealant behind the membrane at this termination. 4. Approved Manufacturers: Firestone, GenFlex, Versico & Carlisle Syn-Tec. Page 25 of 112 Sheet Metal Trim 1. Sheet metal trim to be shop fabricated from 24 gauge Colorklad brand prefinished steel sheet metal, gravel stop profile. 2. Install two new scuppers and open-faced downspouts in existing scupper locations to accommodate new tapered insulation system. 3. Install surface mount counter-flashing on parapet walls. 4. One part polyurethane sealant to be installed before installing joint clips, as well as behind surface mount counter-flashing. Warranty 1. The new installation is to be inspected by a non-sales technical representative of the roofing manufacture. 2. After approved inspection, furnish a 20-year, non-prorated, labor and material warranty issued by the roofing system manufacture. Page 26 of 112 CITY OF WATERLOO FORM OF BID The bidder, having fully read this document, hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. TOTAL BID FLAT ROOF: $ ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED): Replacement of deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot below. Page 27 of 112 CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS 2018 PUBLIC WORKS—OLD CMC BUILDING, ROOF REPLACEMENT PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, IA at the City Clerk's Office in City Hall, Waterloo, IA by Thursday, November 8, 2018 at 1:00 pm CST for the Public Works—Old CMC Building Roof Replacement Project. OPENING OF BIDS All proposals received for the 2018 Public Works—Old CMC Building Roof Replacement Project will be opened in the First Floor Conference Room in City Hall, Waterloo, IA on Thursday, November 8, 2018 at 1:00 pm CST, and the proposals will be referred to the Waterloo City Council 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 Public Works—Old CMC Building Roof Replacement Project on Monday,November 12, 2018 at 5:30 pm CST. 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 Street and the Waterloo Community Development Office, 620 Mulberry St., Waterloo, IA 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 for the 2018 Public Works—Old CMC Building Roof Replacement Project in accordance with these specifications. This project is a roof replacement project consisting a 60-mil black EPDM roof system. Project includes tear- off, insulation, rough carpentry and roof related sheet metal, felt, ice/water shield, trims and necessary accessories. Page 28 of 112 CONTRACT PERIOD The work shall be completed no later than December 31, 2018 or earlier if weather permits. This will be dependent and determined by weather conditions. PROPOSALS SUBMITTED All bids must be submitted on the forms supplied by the City of Waterloo. 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, IA, in the sum of not less than five percent(5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the construction of 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. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s)whose bid, conforming to the bid specifications, is most advantageous to the City; price and other factors considered. The intention is not to award the contract at the time of the bid opening, but to award the contract after review of bids and bidder information by the City of Waterloo, such that the award is made within 14 days after the bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after notification of acceptance of the bid, in an amount equal to one hundred percent (100%) 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. Page 29 of 112 AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of S 10,000 in City projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of work completed and work approved by the Building Maintenance Staff. Final payment will be made thirty-one (3 1) days after completion of the work and acceptance by the Building Maintenance Staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to 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 , 2018. City of Waterloo, Iowa Kelly Felchle, City Clerk Page 30 of 112 CITY OF WATERLOO, IOWA BUILDING MAINTENANCE INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS An explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, 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, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on the forms supplied by the City of Waterloo. Before submitting a bid, each bidder shall carefully examine the jobsite, read the specifications and all other contract documents. 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 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 therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. Page 31 of 112 IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS 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. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minor Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractor, vendors and suppliers in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent(10%) for MBE participation on all City funded construction projects that are estimated at$50,000 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime contractor shall make "good-faith efforts" to meet the contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for services being rendered. For more information contact City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Waterloo, Iowa 50703 (319) 291-4429 Page 32 of 112 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTIONS/HUD ACT OF 1968 To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment but the contractor on this project. Opportunities for training and 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, Iowa. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the program area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. VIII. STATEMENT OF BIDDERS QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, submit on the form furnished a statement of the Bidders 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 City of Waterloo 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 City of Waterloo 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 City of Waterloo that the Bidder is qualified to carry out properly the terms of this contract. IX. EXECUTION OF AGREEMENT, BOND AND CERTIFICATE OF INSURANCE 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 numbers of copies as the City, may require. Page 33 of 112 CITY OF WATERLOO FORM OF BID The bidder, having fully read this document,hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. TOTAL BID FLAT ROOF: ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED): Replacement of deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot below. Page 34 of 112 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 12, 2018 to approve the request by the City of Waterloo for a site plan amendment to the "M-2,P" Planned Industrial District for an updated site plan for the construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway. City Council Meeting: 10/22/2018 Prepared: 10/16/2018 REVIEWERS: Department Reviewer Action Date F1pannnn'inn & Zoning Sdiroe<len,Arie R<,peede<l 10/17/2018 ... 918 AM F1 panning& Zoning A.ndera, T1 nn:n Approved 10/1`x/2018 .... 111:37 AM 1"pannnnpnnn & zoning Scll roederr, : .6c Approved 10/1`x/2018 .... 10-.53 AM Cllefl< ()ffice Ifigby, Nancy Approved 10/1`x/2018 .... 11:p 0 AM ATTACHMENTS: Description Type SPA E not x":120 W .irine. IIwy t.:`over Me nno Resolution setting date of public hearing as November 12; 2018 to approve the request by the City of Waterloo for a site plan amendment to the "M- SUBJECT: 2.P" Planned Industrial District for an updated site plan for the construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as November 12, 2018 for a request by the City of Waterloo for a site plan amendment to the "M-2,P" Planned Industrial District for an updated site plan for the construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway. The building is 11,880 square feet and will be a truck terminal for Standard Forwarding trucking company. The building is 54'x 195' and there are truck Summary Statement: docks on both the east and west sides of the building, which allow for efficient loading and transfers between different semi trailers. The initial site plan showed access to the site from West Airline Highway, however, access to the site is gained through MidPort Boulevard, which the City of Waterloo received a RISE grant from the Iowa Department of Transportation to extend. Additional land was approved to be removed by the FAA, which cleared land that was not available for development. The site plan represents the most up to date site plan as the site layouts now and covers all the land. Page 35 of 112 Expenditure Required: None Source of Funds: N/A Policy Issue: Land use and economic development. Alternative: N/A Background Information: N/A Legal Descriptions: Midport America Park, Plat No. 3, Lot 22. Page 36 of 112 Lot 22—MidPort Plat No.3:Site Plan Amendment:Trucking Company 1 March 1,2011 REQUEST: SITE PLAN AMENDMENT OF THE "M-2,P" PLANNED INDUSTRIAL DISTRICT FOR THE DEVELOPMENT OF LOT 22, MIDPORT AMERICA PLAT NO. 3, FOR THE CONSTRUCTION OF A 54' BY 220' (11,880 SQ. FT.) INDUSTRIAL BUILDING APPLICANTS: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL DESCRIPTION: The City of Waterloo is working to relocate an existing trucking company from the Rath area for the development of the Human Services Campus. The Trucking Company project (Standard Forwarding is company, developer/owner is Howard Allen)would be 54' by 220' (11,880 sq. ft.) industrial building and would be an excellent fit for this industrial area. Lot 22, the site for approval, is approximately 6.35 acres in size. IMPACT ON NEIGHBORHOOD: The development would be positive for the continued development of the industrial park. The project has helped the City of Waterloo secure RISE funding for the extension of MidPort Boulevard to the north, which will open up further lots for development. TRAFFIC CONDITIONS: The site would have access onto Airline Highway and/or MidPort Boulevard. UTILITIES: All utilities serve the area, with sanitary sewer, water, gas, and overhead electric in the Airline Highway right-of-way. RELATIONSHIP TO PLAN: This amendment would be in conformance with the classification of this area as Industrial on the Future Land Use Map. STAFF ANALYSIS: The site plan amendment is due to the proposed development of an 11,880 sq. ft. industrial trucking facility on approximately 6 acres of land. The building would appear to meet all required setbacks for the zoning district and deed of dedication for the MidPort Industrial and Business Park. The building design has previously been approved by the Airport Board, and the building is comprised of brick end walls for the office portion, a metal clad exterior for future expansion on the northern end, and the two easterly and westerly sides being primarily doors for the trucking operation. The building location is setback for appropriate truck movements on the interior of the site, and the owner and his developer are finalizing the information for the access points. They had preliminary wanted to have access on both Airline Highway and MidPort Boulevard, but may go to an access point only off of MidPort Boulevard at this time. The irregular shape of the lot makes this site slightly larger than a normal lot size for an 11,880 sq. ft. building, and the need for trucking turning movements on the irregular shape contributes to that as well. A landscaping plan is also being formulated at this time, which will work to emphasize the street trees and screening of parking areas, per the covenants of the Park. STAFF RECOMMENDATION: Therefore, staff recommends the proposed site plan amendment for the proposed Trucking Company development be approved for the following reasons: 1. The request is in conformance with the Future Land Use Map, which classifies this area as Industrial. 2. The request is located within the Primary Growth Area per the City of Waterloo Comprehensive Plan. 3. The request would appear to meet the guidelines of the "M-2,P" District and be beneficial to the continued development and redevelopment of the MidPort Industrial Park. 4. The request would appear to be a beneficial company to the Airport area development. TruckingCoTruckingCo M2Pamnd.doc Page 37 of 1118 Request by City of Waterloo for Site Plan Amendment to the "M-2, P" Planned Industrial District for the construction of a 54' x 220' (11 ,880 SF) industrial building. � i Y G a /L �IIIIIIII w� ,aFP Alrllne HWy l e Ilol li uuuuuml°°IIIIIIIIIIII III � u MISS l������ 1 � ✓rro/ /r ® Area in Question r r I I I r. (ave%;,,;; m! .r"" lNm, a rig ,� , >�•, -F LI, 16 P, 4�8 'g W, jE i I " , oz aw .10 1. lb a n. P, FY Mkaa� 6 .61,z iE Q V;a 8 0 X qz H- --12 'o � I <7, 11 22 1. V, T 6 1.om vi I o Z -H 5 d'i 1. W, pp -6w < O&H,-0,12 ----.,," > Id ON S�M OEC �5 V'l e 0 q Z, JLJ S' z A az F �,q� �, 0— x.6— 2 o z .56 W, 361� 0 I �US-.t- �i ', �O p 5 1 '..-1� S 9 P-,Z, �2 W F5� 0 n 4 z 15 Ul Acmes OF 3k,,Ill M1010)1 /> w Yd' OEt X" le' . � � � . « . \ 01, y . » ^ . � J +� Page 40 of 119 1 raw JIM �Yrry TEL 4:. lim " _ 4 m - f !W s V/ Y Page 41 of 1192 APPLICATION SITE PLAN ANIENDMNET TO A "R-P", &4M-P99 1 66C-Pll 9 66B-P"9 66S-199 OR 66C-Z'9 DISTRICT CITY OFWATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WAI'ERLOO, IOWA 19.291.4366 New or Overall Amendment 3 Individual Building Minor change ____(check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name(please print): Address: Phone /z 2� Fax: Crty: b. Status of applicant: (a)Owner (b) Otheil _(CHECK ONE): If other explain:__ C, Property owner's name if different than above (please Address: Phone: f'ax: City:____ State:--Zip:.-----.--- 2. PROPERTY INFORMATION: a. General location of site plan to be amended:­��� 07 b. Legal description of property or portion to be amended: q7t­ C. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: %c. Current zonmg:_­/,,1?,'1`/'1 /-71 f, Reason(s) for site plan amendment and proposed use(s)of property: F F g, Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary):-__ Please Note: If applicant is not the owner of the property,the signature of the owner must be Secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200(for new or overall amendment), $100 (for individual Building), or$0 (for minor change)(payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law, Any major change in any of the information given will require that the request go back through the process, with a now filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify Linder oath and Under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo,,Cuil: C,,,oll-h'i in making their decision. The undersigned authorize City Zoning Officials c ,g to enter the property in adc's"t",ion egard to the request. Signature of Applicant Date Signature of Owner Date 94 Page 42 of 11 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 1935 Lafayette Street in the amount of$229.94, authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 10/22/2018 Prepared: REVIEWERS: Department Reviewer Action Date `11erk Office p p ig))y, Na-icy Approved G 0/17/2018 .... H6 p 6 P I Resolution approving cancellation of assessment for 1935 Lafayette Street in SUBJECT: the amount of$229.94, authorize City Clerk to notify Black Hawk CountX Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 43 of 112 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 10/22/2018 Prepared: REVIEWERS: Department Reviewer Action Date �:^n�gdmneen'namp ip gp) , 1" mmcy A.pproved G0/19/20tl8 ... 3:33 P ATTACHMENTS: Description Type ❑ 1:3orids for cou:mnefl aapjprovaap 10=.18 Backup l ammlaap SUBJECT: Bonds. Submitted by: Submitted By: Page 44 of 112 i i - CITY OF WATERLOO , IOWA CITY ATTORNEY'S FFIC 715 Mulberry Street • Waterloo,IA 50703 (319)291-4327 Fax(319)291-4286 a ' 4s October 19, 2018 Mayor Quentin hart and City Council Members City Hall. Waterloo, IA 50703 Dear Mayor Hart and Council Members: I have examined the bond :filed with the City Cleric/Auditor's Officeup to the close of business on October 19, 2018. j Of the bond submitted, 1 was approved and Cwas rejected, as shown ori the; attached list. Very truly yours, i . � I D o D IR. ZELLI-TOEF"ER. Waterloo City Attorney DI?,Z:sda �! i i I I CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU An Equal opportunity/Affirmative Action Employer Page 45 of 112 BONDS FOR COUNCIL APPROVAL OCTOBER 22, 2018 RIGHT OF WAY CONSTRUCTION BOND(EXPIRES 4/30/2019) AMOUNT$15,000.00 7900473866 BEARD&VAN HEIDEN CONTRACTING, LLC GRUNDY CENTER, IA i. i i i Page 46 of 112 RIGHT OF WAY CONSTRUCTION BOND No. 7900473866 Applicant's Telephone Number: ' KNOW ALL MEN BYTHESE PRESENTS: That U\, KA/a\, Bcurg& Van Heiden Contracting, of . Grundy Center A . Street City State aaPrincipal, and Nationwide Mutual Insurance Company of Des Moines V\ . as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, |mvvo, a Surety Bond in the sum of Fifteen Thousand Oo||ana /$15.000.00\ must be filed with the City Clerk/Auditor of the City of Waterloo, |ovva, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the b bounden Bezird6LVaoHcido Contracting,LLC of GrundX Center 1A will faithfully per-form any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or Linder said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (Nnn). (her), (!Uern), ora violation of said Ordinances occurring during the life of this bond; and if (he), (mho)' (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), /hgA. (their) doing, protecting Or completing the work, (hen this obligation to be null and void, otherwise to remain in full force and effect. The effective date ofthis Bond is May 1. 20 18 ^ through April 30. 2 Witness our hands this 11th dayof October . 2 Beard &Van Heiden Contracting, PRINCIPAL PLEASE MAIL TO: By: Qh/ of Waterloo, Iowa Engineering Department Printed Name: 715Mulberry Street AW Waterloo, |A 50703 Nationwide 2�mtu ll (�ompany SURETY Qp 4174,1 -0 By: �A S - Updated 1-24-00 \ / PLEASECOMPLETECHECKLISTONREVERSE �|D� BEFORE �Ut�O8| | | ING BOND. Page 47 Of 112 i, NationwiM Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company'and collectively as"the Companies"does hereby make,constitute and appoint: Larry D. Slegh each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute an its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of Fifteen Thousand Dollars($15,000.00) and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may requ€re;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive offer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument Jo be ealed4A,1 §= signature of its officer the I st day of 1�4ay 2017 , Antonio Albanese, Vice President of Nationwide Mutual insurance Company, National .ltutiulrw!¢ep� ,��yloAnrrr°� Casualty ompany,AMCO Insurance Company,Allied Property and Casualty Insurance Company rtt� � � wvcurr f:JEAUr �`* $EAL,;*� ACKNOWLEDGMENT APF • STATE OF NEW YORK,COUNTY OF NEW YORK:ss 111046,1; Alf`' On this Ist day of May , 20€7 ,before me came the above-named officer for the Company aforesaid,to me perianally known to be the officer described in and who executed the ��r preceding instrument,and he acknowledged the execution of the same,and being by me duly 1asua jt ♦bcsw>1:rµ1 sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed o~ cp oTFyCo /,` ouour ��1 hereto is the corporate seal of said Company,and the said corporate seal and his signature were fn `5 duly affixed and subscribed to said instrument by the authority and direction of said Company. L704 � SEAL � BARRY T.BASSIS SAL *.• f' Notary Public,State of New York f 1, kOfilES� �� No.026A4656400 Ohio Qualified � ` �=r u:.�'° rte♦ Quati[ied in New York County Notary Public Commission Expires April 3f)._2019 My Curnmission Expires CERTIFICATE April 34,2019 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included thefein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate ld Company this 1 tth day of October . 2018 �T This power of attorney expires: April 30,2019 Assistant Secretary B0J 1(05-17)00 Page 48 of 112 CITY OF WATERLOO Council Communication Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel-motel mini grant application for the Senior Scratch Bowling Association in the amount of$2,469. City Council Meeting: 10/22/2018 Prepared: 10/15/2018 REVIEWERS: Department Reviewer Action Date llot p/1"✓otet Ddwscre6onary Evei, L-e mini Approved 0/15/2018 tl2-00 PM Fui):p'ig(..'mrnuTfiltee ATTACHMENTS: Description Type C.ouc- H p e[terr° Cover Merriio p=3i.tdgen (.'overr- ei :b:w AppppcarrWrri Cover Verrurro Resolution approving the Convention and Visitors Bureau Board SUBJECT: recommendations for funding a hotel-motel mini grant application for the Senior Scratch Bowling Association in the amount of$2.469. Submitted by: Submitted By: Tavis Hall, Executive Director of Waterloo Convention& Visitors Bureau Recommended Action: Approve Recommendation. This annual bowling tournament, made up of bowlers of all ages, has been in Waterloo for years,but without our financial support, they will have to move Summary Statement: the tournament out-of-town. They've made adjustments with an eye toward increasing visitor overnights. This year, after some adjusting, they anticipate a stronger Friday evening showing(during their singles matches). Page 49 of 112 Council Communication City Council Meeting: October 8, 2018 Prepared: October 2, 2018 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Hotel/Motel Tax Mini-Grant Recommendation Submitted by: Tavis Hall, Experience Waterloo (Waterloo CVB) Applicant: Senior Scratch Bowling Association Event: 50/50 Singles, Teams, Doubles Tournament Dates: November 30 - December 2, 2018 Summary: This annual bowling tournament, made up of bowlers of all ages, has been in Waterloo for years, but without our financial support, they will have to move the tournament out-of-town. They've made adjustments with an eye toward increasing visitor overnights. This year, after some adjusting, they anticipate a stronger Friday evening showing (during their singles matches). Attendance: Over 250 people attending, 85% of which coming from out- of-county. Projected room nights 100+ anticipated room nights Projected economic impact: $129,835 ROI (Economic Impact based on requested funds): With a request of $2,469, the yield return would be $52.59 per dollar requested. Request: $2,469 (mini-grant) Use of funds: The funds will be used to supplement prize money. Source of Funds: Hotel-Motel Tax Grants Policy Issue: None Alternative: Do not fund. Background Information: This tournament has been in Waterloo for years, but without this funding they will move the tournament out of town. They have also added a singles event on Friday, with a goal of increasing hotel nights. Page 50 of 112 Entry Fees 13700 Sponsors: United Beverage 500 Fusion Realtors 100 Berkshire Hathaway One Realty Centre 100 New York Life (Jeff Fitzpatrick) 150 Community 1st National Bank 100 Robert Schaufenbuel (Cedar Rapids) 100 Yaw Auto Salvage (Des Moines) 100 Grants: Mini 2231 CVB 769 Neon Sign Raffle Tickets 50 Bracket Money SSBA 1100 Total Income 19000 Expenses Linage (Cadillac XBC) 3524 Tournament Expense (SSBA) 868 Prize Fund 14608 Total Expense 19000 Page 51 of 112 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application Year-Round(Mini)Grant Applications -part of the City of Waterloo Hotel-Motel Tax Grant process The Waterloo Convention&Visitors Bureau (CVB), on behalf of the City of Waterloo, is accepting grant requests for event-related that will have a positive impact on the tourism industry in Waterloo. Grant requests may be from either for-profit or non-profit organizations (non-profit must be qualified under IRS Section 501c). This application is intended for those events that will draw greater than 50%of attendance from outside Black Hawk County and requests are limited to a maximum of$3,000. The hotel-motel tax grants have been established to reach the following goals which will be used to score applications: The hotel-motel tax grants have been established to reach the following goals: 1. Recognize and support events that have a significant economic impact on Waterloo 2. Support organizations and activities that strengthen the perception of Waterloo 3. Support applications that are clear, complete and well thought-out Overall scores may be increased when an application demonstrates the following: • A strong room night impact,with demand generation at a time of need • New projects OR projects that have significant changes from prior year's event. Grants meeting either of the above criteria will have scores increased by 0.5 for each. Applications should specifically show how the event or project brings visitors to Waterloo, both for this event or project,and in the long-term as well. Grants are not intended to provide long-term or operational support, but are intended to support marketing and event efforts that help advance the goals above. The grants are also intended to assist new projects as they begin,especially those that are unable to apply for funding through the larger grant application process. Those entities receiving funding through a mini-grant should ensure that they are submitting future applications through the larger grant process. Grant Requirements: • Applications for funding must be received at least 60 days in advance of the event occurring. • Application must score a minimum of 65%to be eligible for funding. • Applicants MUST have a Federal Employer Identification Number(FEIN) in order to apply. • Grant funds will be paid only after the project has occurred,and are reimbursement for money spent. Copies of invoices and proof of payment must be provided. • Applicants must show matching funds of 50%or more for the project. The grant will fund no more than 50%of the total project cost. Only funds directly involved with the project may be used as match. Organizational operational funds may not be used to match the grant funds. o If the total project cost is less than what is provided in this application,the approved grant payment will be reduced and would fund no more than 50%of total project cost. • Organizations may apply for a maximum of$3,000. 1 Page 52 of 112 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application • Funding must be used for the project designated on this application or funding may be forfeited. Any changes in the project must be approved prior to the project occurring. • All project printed materials,signage or advertising must contain the words, "#IDigWaterloo" and a logo provided by the Waterloo CVB. • All project printed materials,signage or advertising must contain the words, "Sponsored in part by a City of Waterloo Hotel-Motel Tax Grant" and a logo,which will be provided at the request of the grantee. • In the event that the event(s) included in an application materially change from the original application, said application will be re-scored by the Waterloo CVB Board and funding will be adjusted appropriately based on the revised scoring percentage and how similarly scored applications were funded during the initial annual funding distribution. o A material change will be defined as a change to the economic impact of more than 25%. However, if the economic impact is greater than 25%but less than $50,000, no adjustment will be made to the award. Fundable items: • Advertising and Marketing(Print/Electronic/Billboard) • Event-Related Capital projects o Includes purchase of equipment that allows the applicant to operate events more effectively, draw more out-of-county visitors and have financial benefit to the organization in the long term. Applicants should show with specific data how the purchase provides a long-term impact on tourism in Waterloo. . • Direct mail campaign expenses related to the event/project. Includes materials,design and postage. • Entertainment related to the event/project • Honorariums for speakers, officials,etc. o Travel expenses(including hotel rooms and mileage) may be included as allowable honorarium payments with prior approval from the Waterloo CVB. Food and beverage costs are not allowed. • Printed materials that promote visits to the event/project prior to the event occurring • Prize funds and/or purses o Prize money paid in cash MUST be acknowledged in writing by recipient(s) in order to qualify for reimbursement. No exceptions will be allowed. • Travel Shows o Funding for booth space and registration fees • Bid money for events,tournaments,conventions,etc. • Basic facility rental costs o Costs such as food/beverage and staff time are not fundable • Event-related security and safety services • Marketing and design services • Transportation to and around Waterloo for the event Non-Fundable Items: • New construction, renovation, restoration, installation of new fixtures and other capital projects that are not event-specific. • Annual operating expenditures • Professional services 2 Page 53 of 112 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application o Includes legal, engineering,accounting,auditing,consulting or other services not expressly listed as fundable • Salaries,wages or administrative fees • Travel expenses of staff and guests not expressly listed as fundable • Tangible personal property, including but not limited to,copy/fax machines, computer equipment,other office equipment or furniture, light fixtures, musical instruments, permanent collections and exhibits • Program books,trophies, medals, plaques, bumper stickers,table tents,shirts, hats, banners,flags, stationary,etc. • All food and beverage • Toll-free phone numbers, in-house postage,or material inventory • Membership solicitation materials and donations/contributions to sponsors • Reprinting of current brochures • Prizes for fundraisers, raffles,or events(including electronics,gift certificates, etc.) • Interest or reduction of deficits or loans • Anything contrary to state or federal law or local ordinance Note:Project-related expenses that are non fundable may be shown as matching funds General instructions: Applicants must include one electronic copy of the grant,sent to aaron@travelwaterloo.com. Every effort will be made to review applications at the CVB Board Meeting immediately following the receipt of all grant materials. The CVB Board meets monthly on the third Tuesday of the month. All materials should be received by the CVB by no later than the second Monday of the month for consideration that month. Note:Awarded grant money will be distributed in full from the City of Waterloo approximately one month following the recipient's submission of one hard copy and one electronic copy of the completed project evaluation form for the funded project. Evaluations are to be returned within 30 days of the completion of the event or project. Failure to provide this final report will result in the delay or loss of grant funds. Failure to utilize grant funds for the use(s)provided in this grant application may result in funding being disallowed, reduced or delayed. Use of approved funds for non fundable items will result in funding being disallowed or reduced. 3 Page 54 of 112 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$20,000,00 1. Contact Information/Background Information Name&Date of Event/Project:50/50 Singles,Team,Doubles Tournament/November 30th, December 1St&2nd Name of presenting organization:Senior Scratch Bowling Association/CadillacXBC Non-Profit Organization: For-Profit Organization: Yes Check payable to(if different than above)SSBA/Cadillac XBC FEIN Number 20-4908836 Contact person Rich Eighme Address 1980 Winston Place City: Waterloo State: Iowa Zip: 50701 Phone number: 319-239-8148 Email: RnKurban@aol.com Organization web address www.Iowabowl.com 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. We have run this annual bowling tournament for the last 21 years here at Waterloo at Cadillac Lanes/Cadillac XBC. The team event of this tournament has been held on Saturday with many of the bowlers staying overnight for the Sunday doubles. Last year we are added a singles event on Friday evening which resulted in an additional 21 entries,which increased the number of stayovers from Friday to Saturday and then to Sunday. This season we have pushed the start time for the Friday Singles evert to an hour earlier to allow bowlers from further away to attend. We feel this should add additional entries. Now with singles,doubles,and team events bowlers now have a 4th All Events entry. Is a member of the Waterloo City Council on your Board of Directors? NO How does your organization market to/reach an audience outside of Black Hawk County? Entry blanks are sent to each bowling center in Iowa and surrounding states that have participated in the past tournaments,as well as through the GIBA(Greater Iowa Bowling Association)and the SSBA(Senior Scratch Bowling Association) Have hotel-motel tax grants been received for this project previously? YES 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. 4 Page 55 of 112 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application 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. b. Please describe the mechanism for measuring to see if expectations are met. 3. Based on past history of this event(in Waterloo and/or in other communities)please provide as much specific information as you can about attendance and hotel use. a. How many people do you expect to attend? 250+ Of those, how many will be from outside Black Hawk County? 85% b.What method was used to determine this information? Collecting data from previous years tournaments c.What will be the mechanism for tracking/measuring attendance? Asking bowlers to fill out a survey upon checking in to the tournament. How are you adjusting it from the prior year? We will try to get a larger percentage of bowlers to take part in the survey. d.What are your expectations for hotel room use in Waterloo? 100+rooms e. How will you track room use?Survey f. Do you have room blocks? Rates? We are working with Ben Trueg at the Hampton Inn by Hilton g.When are rooms typically booked? A few weeks prior to the event h. How long will people stay? Duration of the tournament i. How many people stay in a room?2-3 j. Please include event attendance and hotel use history if applicable.Where has the event been held before? Waterloo Only How many participants/spectators were involved previously? Estimated at 50+ k. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business.This tournament draws a far larger percentage of out of town and out of state bowlers then normal local tournaments. How is this project tourism-related? As many of the bowlers travel with family,many of whom seek out other things to do while the tournament is going on as well as after. How much does this grant funding mean to the success of your event? Part of what drives this tournament is the added prize money it offers. What are your expectations for attendance with and without grant funding? 185+ 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. 4. Is this a new project or idea? NO If yes, please describe, in detail, how this project explores a new idea, new direction, is innovative or a new project? 5.Are there significant changes to the event/application from previous years? NO If yes, please describe, in detail,those changes. Examples could include changes in marketing efforts, expansion of the event schedule,etc. 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? Waterloo and this tournament is one of the,if not largest anticipated bowling tournaments in the state. Entries fill up for the Sunday doubles event more than a month in advance with pre-paid entries. Since there is a maximum number of entries due to the limited number of lanes CadillacXBC have to offer. There always are several entries on a waiting list. 5 Page 56 of 112 Waterloo Hotel-Motel Tax Grant (Mini Grant) Application 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. mailing entry blanks and marketing through bowling websites and other internet sites such as Facebook 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. Based on last year 2017 a.Total Income: $19,000.00 b.Total Expense: $19,000.00 c. Net Profit(Loss)for the event: $0 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? Grant money will be used for added prize money for the 4 events of the tournament weekend. e. How will profit(if applicable) be used by the project/organization/business? Event prize money Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? No Acknowledgment and Signature 1 have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau.To the best of my knowledge,the information contained in this application and its attachments is accurate and complete.The Hotel-Motel Tax Grant funds are reimbursement funds for project funding already spent,and are to be used for the express purpose as stated in the Grant Application.1,the undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo Convention and Visitors Bureau Board of Directors far funding will be withdrawn.My organization will be responsible for refunding any portion of grant funds already received or far covering the costs for portions of the project that are non-fundable or not stated herein. Rich Eighme 8/29/2018 Signature of Applicant Date 6 Page 57 of 112 CITY OF WATERLOO Council Communication Resolution approving a Consulting Service Agreement with ShiveHattery Architecture-Engineering in an amount not to exceed $2,250 for professional consultant services to evaluate the existing interceptor lines, and authorize the Mayor to execute said document. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date /Quarte Maaruange nueiit ploa tribrrecker, 8leveti Approved 10/17/2018 ... �0.57 AM t.`Ileuk Office Eveni, 1: eA. nira Approved 10/17/2018 -.09 AM ATTACHMENTS: Description Type Meunrio to Waat floo Mayor an(] (" ty Couurncil Me nio 1)SA S 1 vel IQutta:°rry Backup Maateriaall Resolution approving a Consulting Service Agreement with ShiveHattery SUBJECT: Architecture-Engineering in an amount not to exceed 52;250 for professional consultant services to evaluate the existing interceptor lines; and authorize the Mayor to execute said document. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Recommended Action: Recommended to approve resolution authorizing agreement with S hriveflattery Expenditure Required: $2,250.00 Source of Funds: Sewer funds Page 58 of 112 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT ' 3595 Caston Ave. - Waterloo, IA 59702 - (319) 291-4553 Stege H'oambrecker, Director October 17, 2018 Memo to Waterloo Mayor and City Council: Approving Contracts, Red Zone and Shiveatt ry Demonstration Project, East Interceptor Background Discussion Treatment Plant flows directly parallel the respective flows of the Cedar Diver. As the river flows go up and down, so do the incoming flows to the treatment plant. It is suspected that there is some level of infiltration/inflow,, (I/I) directly responsible. We have a CIP project to evaluate both the east and west interceptor sewers on each side of the Cedar River. The east side interceptor is the suspected potential major area for excessive I/I. We would be using this demonstration project with reduced pricing to perform that analysis on 2,000 feet in this area. Ped Zone has a relatively new product, NISI equipment. This equipment provides synchronized laser, sonar, 12S gas and CCTV. We are getting a reduced cost as this would be a demonstration project. The engineering firm, Shive Hattery, will be providing a report from this evaluation. Depending upon the result, it may be possible to utilize this technology for the entire project, potentially saving overall project costs. Recommended tion It is recommended that the city council approve both the resolution approving the contract with Meed Zone in the amount of$10,000 along with a separate agreement with Shive r-lattery providing the report in the amount of$2,250, The funding source will be the sewer funds. Page 59 of 112 PROFESSIONAL SERVICES AGREE"'MEN'T ATTN: Steve Hoambrecker CLIENT: City of Waterloo, IA Waste Management 715 Mulberry Street Watedoo, IA 50703 PROJECT: City of Waterloo-Wastewater East/West Interceptor Evaluation PROJECT LOCATION: Waterloo, [A DATE OF AGREEMENT: September 27, 2015 PROJECT QESCR1F177()N Thank you for the opportunity to provide professional consultant services to evaluate your existing interceptor lines. The evaluation will be limited to approximately 2,000 LF of your overall system, and conducted as part of a pilot/demo with the robotic equipment of RedZone Robotics (RZ). RZ will perform Inspection Services with their advanced technology Solutions (separate contract with City of Waterloo). This pilot/demo inspection, partnered with our engineering solution services, is intended to be used as a resource as the remaining system is programmed for inspection and evaluation. The remaining system can be addressed through an amendment at a later date, SCOPE OF SERVICES We will provide the following services for the project: Civil Engineering These services will consist of the following tasks: AA)Alternatives Analysis and Supplier Recommendation Services 1) Initiation of discussions with Interceptor inspection service providers that specialize in River Stage IM such as has been experienced by the City of Waterloo, IA, ( CoMpleted ) 2) Solicitation of budgetary price and delivery proposals from those service providers judged to be most capable and cost-effective, ( Cornpleted ) 3) Meetings with City Staff to discuss best candidate areas for trial inspections as well as budgetary proposals to finally determine the most prudent path forward. ( CoMpleted 4) Coordinate the delivery of an actionable proposal from RZ to City of Waterloo. BB) RedZone (RZ) Robotic Inspection Pilot Services 1. Pilot coordination with the City, RZ, and other nearby Cities interested in the technology. 2. Coordinate and provide onsite representation, coordination, and supervision during the RZ Inspection. Rqed 2M9111/10/035 ;hp"e HoT�'fy 6 P0 I,d,g Kqmh,IA 1 P'��VAf ' �,m ;P)"M 1 ,hf haUerv; )If, Page 60 of 112 Page 2 oat. 3, Review electronic and hard copy data from the Rai Inspection results, and deliver fully reviewed (QA/QC) RZ data to the City. 4, Shive-Hattery to review and analyze Redzone Robotics information, and provide final report with recommendations to the City. 5. Development of written budgetary proposals should the project expand beyond the 2000 LF pilot/demo to the full length of the interceptor lines (approx. 20,000 LF) CLIENT RESPONSIBILITIES It will be your responsibility to provide the following:. 1, Identify a Project Representative with full authority to act on behalf of the Client with respect to this project. The Client Project Representative shall render decisions in a timely manner in order to avoid delays of Shive-Hattery's services, 2. Legal, accounting, and insurance counseling services or other consultants, including geotechnical, or vendors that may be necessary, The Client shall coordinate these services with those services provided by Shive-Hattery. 3, Provide to Shive-Hattery any available drawings, survey plats, testing data and reports related to the project, either hard copy or electronic media. Electronic media is preferred. 4. Unless specifically included in the Scope of Services to be provided by Shive-Hattery, the Client shall furnish tests, inspections, permits and reports required by law, regulation or code including but not limited to hazardous materials, structural, mechanical, chemical, air pollution and water pollution tests. SCHEDULE We will begin our,services upon receipt of this Agreement executed by you which will serve as a notice to proceed. COMPENSAVON Wastewater EastMest Interceptor Evaluation Fixed Fee $2,000 $250 $2,250 ESTIMATED TOTAL $2,000 $250 $2,250 EegL Typg • Fixed Fee-We will provide the Scope of Services for the fee amounts listed above. E J�x ns e�s Estimated amount-The estimated expense amounts above will be reimbursed in accordance with our Reimbursable Expense Fee Schedule in effect at the time that the expense is incurred. We will not exceed the amounts without your prior authorization. See attached Standard Hourly and Expense Fee Schedule. The terms of this proposal are valid for 30 days from the date of this proposal. I" z liojed218M�-'/M/035 I SepefnberM 2018 SH1VB--[A'T Page 61 of 112 �Iage,3 of 7 ADDITIONAL SERVICES Unless specifically stated in the Scope of Services, any resilient design related services including areas of resistance, reliability and redundancy (i,e, flood protection, storm/tornado shelter, emergency generators, utility backup, etc,) are not included in this proposal. The following are additional services you may require for Your project. We can provide these services but they are not part of this proposal at this time, 1, Services outside of those stated above and to include the remaining system. OTHERTER MS STANDARD TERMS AND CONDITIONS Copyright(P)Shive-Hattery March 2016 PARTIES "S-H"shall mean Sriive-i-lattery, Inc.,Shive-Hattery A/E Services,P,C,, or Design Organization,a Division of Shive-1-iattery, Inc. "CLIENT'shM mean the person or entity executing this Agreement with"S-H" LIMITATION OF LIABILITY AND WAIVER OF CERTAIN DAMAGES The CLIENT agrees,to the fullest extent of the law,to limit the liability of S-H, its officers,directors,shareholders, employees,agents,subconsultants,affiliated companies,and any of them,to the CLIENT and any person or entity claiming by or through the CLIENT,for any and all claims,damages,liabilities,losses,costs,and expenses including reasonable attorneys'fees,experts'fees, or any other legal costs , in any way related to the Project or Agreement from any cause(s) to an amount that shall not exceed the compensation received by S-H under the agreement or fifty thousand dollars($60,000),whichever is greater.The parties intend that this limitation of liability apply to any and all liability or cause of action,claim,theory of recovery,or remedy however alleged or arising,including but not limited to negligence,errors or omissions,strict liability,breach of contract or warranty,express, implied or equitable indemnity and all other claims,which except for the limitation of liability above,the CLIENT waives. CLIENT hereby releases S-H,its officers,directors,shareholders,employees,agents,subconsultants,affiliated companies,and any of them,and none shall be liable to the CLIENT for consequential,special,exemplary,punitive, indirect or incidental losses or damages,including but riot limited to loss of use,loss of product,cost of capital,loss of goodwill,lost revenues or loss of profit,interruption of business,down time costs,loss of data,cost of cover,or governmental penalties or fines. INDEMNIFICATION Subject to the limitation of liability In this Agreement,S-H agrees to the fullest extent permitted by law,to Indemnify and hold hanniess the CLIENT, its officers,directors,shareholders,employees,contractors,subcontractors and consultants against all claims,damages,liabilities,losses or costs,including reasonable attorneys'fees,experts'fees,or other legal costs to the extent caused by S-H's negligent performance of service under this Agreement and that of its officers, directors,shareholders,and employees. The CLIENT agrees to the fullest extent permitted by law,to Indemnify and hold harmless S-H,its officers,directors, shareholders,employees,agents,,subconsultants,and affiliated companies against all damages,liabilities,losses, costs,and expenses including, reasonable attorneys'fees,expert's fees,and any other legal costs to the extent caused by the acts or omissions of the CLIENT,its employees,agents,contractors,subcontractors,consultants or anyone for whom the CLIENT Is legally llabW HAZARDOUS MATERIALS -INDEMNIFICATION To the fullest extent permitted by law,CLIENT agrees to defend,indemnify,and hold S-H,its officers,directors, shareholders,employees,agents,consultants and affiliated companies,and any of them harmless from and against any and all claims,liabilities,losses,costs, or expenses Including reasonable attorney's fees,experts'fees and any other legal costs (including without limitation damages to property,Injuries or death to persons,fines,or penalties),arising out of,or resulting from the discharge,escape,release,or saturation of smoke,vapors,soot,fumes,acids,alkalies,toxic chemicals,liquids,gases,polychlorinated biphenyl, petroleum contarninants spores,biological toxins,or any other materials,irritants,contaminants,or pollutants in or into the atmosphere,or on,onto,upon,in,or into the surface or subsurface of soil,water,or watercourses,objects,or any tangible or intangible matter,whether sudden or not. Proiect 21829 1 V G 0/035 1 SseII)iembe20, 2018 SH IVEEF-1,44 1 Page 62 of 112 FlaY4 of STANDARD OF CARE Services provided by S-ti Linder this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circurnstances on projects of similar size, complexity,and geographic location as that of the Protect. Nothing in this Agreement is intended to create,nor shall it be construed to create,a fiduciary duty owed by either party to the other party. BETTERMENT I he CLIEN I recognizes and expects that certain change orders may be required to be issued as the result in whole or part of Imprecision,incompleteness,omissions,ambiguities,or inconsistencies in&H's drawings,specifications,and other design, bidding or construction documentation furnished by S-1-i or,in other professional services performed or furnished by S-H under this Agreement(herein after in this Betterment section referred to as S-H Documentation). If a required item or COMponent of the Project is ornitted frorn S-H's DOCUrnentation,the C LIEN T is responsible for,paying all costs required to add such item or component to the extent that such item or component would have been required and included in the original S-Ft Documentation. In no event will S-H be responsible for costs or expense that provides betterment or upgrades or enhances the Value of the Project. RIGHT OF ENTRY The CLIENT shall provide for-entry for the employees,agents and Subcontractors of S-f-I and for all necessary, equipment. While S­H shall take reasonable precautions to minimize any damage to property,it is understood by the CIJENI that in the normal course of the project some damages may occur,the cost of correction of which is riot a part of this Agreement. PAYMENT Unless otherwise provided herein,invoices will be prepared in accordance with S-H's standard invoicing practices,then in effect arid will be submitted to CLIEN I`each month and at the completion of the work on the project. invoices are due and payable upon receipt by the CLIENT If the CLI ENT does riot nrake payment within thirty(30)days after the date the invoice was mailed to time CLIENT,then the arnount(s)due S-H shall bear interest due from the date of mailing at the lesser interest rate of 1.5%per rrionth compounded or the olaXirTIUM interest rate allowed by law. In the event that S-I-I files or takes any action,or incurs any costs, for the collection of amounts due it from the client,S-H shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it Under this Agreernent. Any failure to comply with this term shall be grounds for a default termirrafion. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. if file termination is for default,the non-terminating party may Cure the default before the effective date of the termination and file termination for default will not be effective 'The termination for convenience and for default, if the default is not cured, shall be effective seven(7)days after receipt of written notice by the non-terminating party. In the event that this Agreernent is terminated for Vie convenience of either party or terminated by S-H for the default of the CLIENT,then S-H shall be paid for services performed to the termination effective date, including reirnbursable expenses due,and termination expenses attributable to the termination, In the event the CLIENT terminates the Agreement for the default of S-H and S-H does not cure the default,then S-H shall be paid for services performed to the termination notice date,including reirnbursable expenses due,but shall not be paid for services perforrned after the termination notice date and shall riot be paid termination expenses 'termination expenses shall include expenses reasonably incurred by S41 in connection with the termination of the Agreement or services,including,but not firnited to,closing out Project records,termination of subconsultants and other persons or entities whose services were retained for the Project,and all other expenses directly resulting frorn file termination. INFORMATION PROVIDED BY OTHERS S.1-1 shall indicate to the CUENT the information needed for rendering of services hereunder, The CLIENT shall provide to S H such information, including electronic riledia,as is available to the CLIENT and the CLIENT's consultants and contractors,and S- 1-4 shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes trial it is difficult for S-f-I to assure the accuracy,completeness and sufficiency of such client-furnished information,either because it is provided by others or because of errors or ornissions which may have occurred in assembling the information the CUENTis providing Accordingly,the CLIEN F agrees,to the fu[lest extent permitted by law,to indemnify and hold harmless S-H,its officers,directors,shareholders, employees,agents,subconsultants and affiliated companies,arid any of them, from and against any and all claims,kabilifies, losses,costs,expenses(including reasonable attorneys'fees,experts'fees,and any other legal costs) for injury or loss arising or allegedly arising from errors,emissions or inaccuracies in documents or other information provided by file CiJENT. UNDERGROUND UTILITIES information for location of underground utilities May C(iffle from the CLIENT,third parties,and/or research pedormed by S.-H or its subcontractors. S-H will use the standard of care defined in this Agreement in providing this service. The information that S-H nlust rely on from)var'OUS utilities and other records may be inaccurate or incomplete. Therefore,the CUENT agrees,to the fullest extent permitted by law,to inderonry and hold harmless S-11,its officers,directors,shareholders,employees agents, subconsultants,afffliated companies,and any of them for all claims,losses,costs arid damages arising out of the location of underground utirities provided or any information related to underground utilities by S-H under this Agreement 218291 l I/i 0/035 J SeiAen ibe,u 20, 2018 CEE)"F" FIVE Page 63 of 112 �"Iage 5(A CONTRACTOR MATTERS CLIENT agrees that S-H shall riot be responsible for the acts or ornissions of the CLIENT's contractor,Or subcontractors,their employees,agent,%,C011SUltantS,suppliers or arising train contractor's or subcontractors'work,their employees,agents, consultants suppliers or other entities that are responsible for performing work that is not in conformance with the construction Contract Documents,if any,prepared by S-H under this Agreement.S-H shall riot have responsibility for means,rriethods, techniques,sequences,arid progress of construction of the contractor,subcontractors,agents,employees,agents,consultants,or others entities. In addition,CLIEN'r agrees that S-H is riot responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIEN I and contractor. SHOP DRAWING REVIEW if,as part of this Agreement S-H reviews and approves Contractor Submittals,such as shop drawings,product data,samples and other data,as reqtiired by S-hi,these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the infOrTnation expressed in the contract docurrients This review shall riot include review of the accuracy or completeness of details,such as quantities,dimensions,weights Or'gauges,fabrication processes,construction means or methods,coordination of the work with other trades or construction safety precautions,all of which are the sole responsibility of the Contractor. S--Ks review shall be conducted with reasonable promptness while allowing sufficient time in S-H's judgment to permit adequate review. Review of a specific item shall not indicate that S+i has reviewed the entire assembly of Much the itern is a component. S+i shall not be responsible for any deviations from the contract d0GUQ1entS riot brought to the attention of&H in writing by the Contractor. S-H shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If,as part of this Agreement S-I-j is providing opinions of probable construction cost,the CLIENT understands that S-H has no control over costs or the price of labor,equipment or materials,or over the Contractor's method of pricing,and that S-H's opinions of probable construction costs are to be made on the basis of:S-F-I's qualifications and experience. S-H makes,no warranty, expressed or implied,as to the accuracy of such opinions as compared to bid or actual costs CONSTRUCTION OBSERVATION If,as part of ihis Agreement S-H is providing construction observation services,S-H shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors'work and to determine if the work is proceeding in general accordance with the Contract Docurnents. Unless otherwise specified in the Agreement,the Cl IEN-r has not retained S-1-4 to make detailed inspections or to provide exhaustive or continuous project review and observation services. S- H does not guarantee the performance of, arid shall have no responsibility for,the acts or omissions of any contractor,its subcontractors,ernployees,agents,consultants,suppliers or any other entities furnishing materials or perlOrr'ning any work on the project. S-1-i shall advise the CLIENT if S.-H observes that the contractor is not performing in general conformance of Contract Documents, CLIEN f shall determine if work of contractor should be stopped to resolve any problems. OTHER SERVICES 'The CLIENT r-nay direct S-FI to provide other services including,but not limited to, any additional services iderififled in S-H's proposal if S-H agrees to provide these services,then the schedule shall be reasonably adjusted to allow S-1-i to provide these services. Compensation for such services shall be at S-H's Standard Hourly Fee Schedule in effect at the tirne the work is performed unless there is a written Amendment to Agreement that contains an alternative compensation provision. OWNERSHIP&REUSE OF INSTRUMENTS OF SERVICE All reports,plans,specifications,field data and notes and other documents,Including all dOCLArrients on electronic media,prepared by S-H as instruments of service shall remain the property of S-H, The CLIENT shall riot reuse or make any modifications to the plans and specifications without the prior written authorization of S-H, The CLIENT agrees,to the fullest extent permitted by law, to defend,Indemnify and field harmless S-H its officers,directors,shareholders,employees,agents,subconsultants and affiliated companies,arid any of thern frorri any and all clairns,losses,costs or damages of any nature whatsoever arising out of,resulting from or in any way related to any unaLithorized reuse or modifications of the construction documents by the CLlEN r or,any person or entity that acquires or,obtains the plans and specifications from or through the CLIENT without the written authorization of S-H DISPUTE RESOLUTION If a dispute arises between S-Fi and CLIENT,the executives of the parties having authority to resolve the dispute shall meet within thirty(30)days of the notificafion of the dispute to resolve the dispute. If the dispute is riot resolved within such thirty(30)(Jay time period,CLIENT and S-H agree to submit to non-binding mediation prior to cornmencernent of any litigation and that non-binding mediation is a precondition to any litigation. Any costs incurred directly for a mediator,shall be shared eclually between the parties involved in the mediation, EXCUSABLE EVENTS S-H shall not be responsible for any event or circumstance that is beyond the reasonable control of S+i that has a demonstrable and adverse effect on S-H's ability to perforrri its obligations under this Agreement or S+I's cost arid expense of performing its obligations under this Agreement(an"Excusable Event"),including without limitation, a change in law or applicable standards, Sep4ernbor20 20l8 c-si-i iv,c-Lz r" RY Page 64 of 112 Pagr':"'6 of 7 actions or inactions by a governmental authority,the presence or,encounter of hazardous or toxic materials on the Project,war (declared or undeclared)or other arn'red conflict,terronsm,sabotage,vandalism,riot or other civil disturbance biockade or ernbargos,explosion,epidemic,quarantine,strike,lockout,work slowdown or stoppage,accident,act of God,failure of any governmental or other regulatory authority to act in a tirnely manner,unexcused act or ornission by CLIENT or contractors of any level (including,without limitation,failure of the CLIENT to furnish timely Information or,approve or disapprove of S-H's services or work product promptly,delays in the work caused by CLIENT,CLIENT's Suspension,breach or default of this Agreernent,or delays caused by faulty performance by the CLIEN'T'Orr by contractors of any level) When an Excusable Event occurs,the CLIENT agrees S-H is riot responsible for damages,nor shall S H be deemed to be in default of this Agreement, and S+1 shall be entitled to a change order to equitably adjust for S-H's increased time and/or cost to perform its services due to the Excusable Event ASSIGNMENT Neither party to this Agreement shall transfer,sublet or,assign any rights under or interest in this Agreement(including but riot limited to monies that are due or monies that may be due)without the prior written consent of the other party. SEVERABILITY,SURVIVAL AND WAIVER Any provision of this Agreement later field to be unenforceable for any reason shall be deemed void,and all remaining provisions shall corihnue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and S-H shall Survive the completion of the services hereunder and the termination of this Agreement The failure of a party to insist upon strict compliance of any term hereof shalt/not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW -This Agreement shall be governed pursuant to the laws in the state of the locale of the S-F-I office address written in this Agreement. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of S-H to provide equal employment opportunities for all S-Fi enforces the following acts and amendments as presented by Federal government or State governments:"T"itle VI I of the Civil Rights Act of 1965,Age Discrimination in Employment AC F(AREA),Americans With Disabilities Act(ADA), Iowa Civil Rights Act of 1965,and Illinois Human Rights Act 775II.CS 51, S-H will not discriminate against any employee or applicant because of race,creed,color,religion,sex,national origin,gender identity,sexual orientation,marital status, ancestry,veteran status,or physical or Mental handicap,unless related to performance of the job with or,without accommodation COMPLETE AGREEMENT This Agreement conOtLites the entire and Integrated agreement between the CLIENT and S-H and supersedes all prior negotiations, representations ions and agreements,whether oral Orr written. If the CLIENT issues a Purchase Order of which this Agreement becomes a part,the terms of this Agreement shall take precedence in the everit of a conflict of terms. Flmet 21829 i P/10/03 5 I Seplornbe@20 2018 SHh/B--i,/,gymrri Page 65 of 112 Pag(,„ 7'of 7 AGRE'EMFFNT This proposal shall become the Agreement for Services when accepted by both parties, Original, facsimile, electronic signatures or other electronic acceptance by the parties (and returned to Shive- Hattery) are deemed acceptable for binding the parties to the Agreement. The Client representative signing this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the Client. Thank you for considering this proposal. We look forward to working with you. If You have any questions concerning this proposal, please contact us. Sincerely, SHIVE-HATTERY, INC. Jordan Dreyer, Project Manager jdreyer@shive-hattery.com ---------- AGRE EMEN7 ACCEPTE-D AND RVI EFS' ALITHORIZED r0 PROCEED CLIENT: City of Waterloo, IA BY: TITLE: (signature) PRINTED NAME: LATE ACCEPTED: CC: Tim Wilson, Shive-Hattery, Inc. Fli oied 2 1�R,291 F/10/031,5 I Seiu�oi nho 20 20 8 SF-fl'VB-14�, 'ER"Y" Page 66 of 112 STANDARD HOURLY and REIMBURSABLE EXPENSE FEES SCHEDULES Effective January 1, 2018 to December 31, 2018 STANDARD HOURLY FEES: PROFESSIONAL, STAFF: TECHNICAL STAFF: Grade 1 $ 86.00 Grade 1 $ 60,00 Grade 2 $103.00 Grade 2 $ 74,00 Grade 3 $1116.00 Grade 3 $ 8100 Grade 4 $130.00 Grade 4 $ 91.00 Grade 5 $142.00 Grade 5 $103,00 Grade 6 $155.00 Grade 6 $116.00 Grade 7 $168.00 Grade 7 $130.00 Grade 8 $185.00 Grade 9 $20200 ADMIN STAFF: $ 5900 SURVEY STAFF: One Person $122.00 Two Person $187.00 Scanning Surveyor $150.00 Surveyor with 2 Scanners $200.00 REIMBURSABLE EXPENSE FEES: TRAVEL IN-HOUSE SERVICES Miieage- Car/Truck $0.54/ Mile Drawl n gs/Prints/Plots: Mileage- Survey Trucks $0.64/ Mile Bond $ .30/Sq.FL Lodging, Meals Cost+ 10% Mylar $ 75/ Sq,Ft. Airfare Cost+ 10% Photogloss $ 90/Sq.Ft. Car Rental Cost + 10% Color Bond $ 60/ Sci.Ft. Foam Core Mounting $1300 OUTSIDE SERVICES Color Prints: Computer Services Cost + 10% Letter Size $ 1.00 Aerial Photogrammetry Cost+ 10% Legal and 11 x17 Size $ 2.00 Professional Services Cost+ 10% Prints/Plots/Photos Cost+ 10% Deliveries Cost+ 10% Poject 2 r8291'1004,135 20 2018 Page 67 of 112 CITY OF WATERLOO Council Communication Resolution approving a demonstration and a pilot/demo MSI technology inspection with RedZone Robotics Inc., in an amount not to exceed $10,000. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date /Crile Mauinapernemnt ploauumapurrucker, Slevenn Approved G0/17/2018 .., tl0-57 AM (.'Ilerlati Offi' ce Evemn, L-eA.mm) Approved 10/17/2018 p AM ATTACHMENTS: Description Type Menlo to Wamtefloo Mayor and ('14y Couuricil Covet Menlo Ru.apZoyie Bauckuarpb MautterW Resolution approving a demonstration and a pilot/demo MSI technology SUBJECT: inspection with RedZone Robotics Inc., in an amount not to exceed S10,000. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Recommended Action: Approve resolution contract with RedZone for Demonstration Project/East Interceptor Expenditure Required: $10,000.00 Source of Funds: Sewer fund Page 68 of 112 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT ' 3595 Caston Ave. - Waterloo, IA 59702 - (319) 291-4553 Stege H'oambrecker, Director October 17, 2018 Memo to Waterloo Mayor and City Council: Approving Contracts, Red Zone and Shiveatt ry Demonstration Project, East Interceptor Background Discussion Treatment Plant flows directly parallel the respective flows of the Cedar Diver. As the river flows go up and down, so do the incoming flows to the treatment plant. It is suspected that there is some level of infiltration/inflow,, (I/I) directly responsible. We have a CIP project to evaluate both the east and west interceptor sewers on each side of the Cedar River. The east side interceptor is the suspected potential major area for excessive I/I. We would be using this demonstration project with reduced pricing to perform that analysis on 2,000 feet in this area. Ped Zone has a relatively new product, NISI equipment. This equipment provides synchronized laser, sonar, 12S gas and CCTV. We are getting a reduced cost as this would be a demonstration project. The engineering firm, Shive Hattery, will be providing a report from this evaluation. Depending upon the result, it may be possible to utilize this technology for the entire project, potentially saving overall project costs. Recommended tion It is recommended that the city council approve both the resolution approving the contract with Meed Zone in the amount of$10,000 along with a separate agreement with Shive r-lattery providing the report in the amount of$2,250, The funding source will be the sewer funds. Page 69 of 112 SESr)ternber 25, 2018 Steve I-loarnbrecker Waste Managernent 71S Mulberry Street Waterloo, IA 50703 RE: PILOT/DEMO MSI TECHNOLOGY Dear Steve, RedZone Robotics thanks YOU for the opportunity to provide our service to the City of Waterloo, IA, We are providing pricing at a reduced rate for an anticipated total scope of approximately 2,000 LF of 48" RCP. We will utilize the appropriate MSI equipment to perform the inspection, This technology will provide synchronized laser, sonar, 1-12S Gas and CCTV for the entire scope of the project based on flow and pipe conditions. Typically, the asset we would use for this project is one of our profiling units (typical cost is$6.SO-$8.00 per LF). For this project we will be utilizing our Responder unit (typical cost $7.00-$10.00 per LF). Because we are doing this project in conjunction with a project in Minnesota, we can waive the mobilization cost for this demonstration. We will be targeting the Week of October 29, 2018 to complete the inspection. Mobilization I N/A $5,000.00 included .......... ......................................................... ------------------------ Sanitary Sewer Inspection --MSI 2,000 48" $5.00 $10,000.00 .......... TOTAI $10,000.00 • All Traffic Control, flow control, bypassing, permitting or notifications to be responsibility of City of Waterloo and coordinated in advance. Redzone can provide pricing for this additional work as requested, • Any permitting to be supplied by City of Waterloo • RedZone has no bonding reqUirernents or' work hour restrictions, • RedZone to provide a PACP Oatabase to be COnfigUred to import into GIS • Invoices Due Net 30 Thank you again for the business, Should you have any questions please feel free to call me at 847-778-4453. Sincerely, Tim Graeb Regional Business Development Manager ReclZone Robotics, Inc. 1 .ed'Zone Robotics, to V I4 2%} 1%,-fl�A'6 A IMO P,ukugh' moll N�fth..Ikh- 'age 70 of 112 CITY OF WATERLOO Council Communication Resolution approving termination of Planergy Ground Lease Agreement dated January 2, 2007, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date /Crile Maumna eummemmt l loaumm�lmrru cker, Slevenn Approved G 0/17/2018 ... tl 0.58 AM t.`11erlati t ffi' ce Evemn, l:.ur mmmu Approved 10/17/201 B :15 AM ATTACHMENTS: Description Type Meamnm to Wamtefloo Mayor and ("icy Couuricil Covet Menlo 1) iruerp,y eii-rnuirua flo np;rmrn'l.e np Bauckuarpm MautterW Resolution approving termination of Planergy Ground Lease Agreement SUBJECT: dated Januar,. 2007. and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director Recommended Action: Recommend approval of resolution approving the ground lease termination. Page 71 of 112 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Caston Ave. Waterloo, IA 50702 • (319) 201-4553 Steve Hoambrecker, Director � 1� October 17, 2018 Memo to Waterloo Mayor and CityCouncil: E: Approving Termination Agreement, Planergy Background Discussion The City of Waterloo entered into a Ground Lease agreement with Planergy Waterloo, LLC dated January 2, 2007. Planer ;y has since ceased operations and removed respective equipment. The attached agreement formally terminates the ground lease agreement. Recommended ction It is recommended that the city council approve the resolution approving the ground lease termination. Page 72 of 112 GROUND LEASE TERMINATION AGREEMENT This Agreement is entered into as of October , 2019 in connection with termination of the Ground Lease dated January 2, 2007 between the City of Waterloo, Iowa ("Landlord") and Planer-gy Waterloo, LLC, an Iowa limited liability company ("Tenant"). Agrggfligni 1. Tenant has removed its equipment, except for two 8,000-gallon stainless steel tanks ("tanks") and the concrete pad used to hold the equipment, Tenant hereby donates the tanks, as is and where is, to the Landlord. Tenant will leave the existing concrete pad and surrounding rock intact, Tenant will also cover the iron sponge laydown area with 2 inches of black dirt and grass seed by November 1, 2018. Landlord agrees that such actions by Tenant will satisfy Tenant's obligations under paragraph 6(c) of the Ground Lease. 2. Tenant also agrees to transfer ownership of the server, keyboard, mouse, LED screen and Netgear Prosafe VPN all associated with the data gathering, storage and report transmission of the lagoon gas meter sold to the Landlord. Landlord agrees to accept the transfer of the existing Mediacom internet account from Tenant to operate the server and equipment. Tenant certifies that the Mediacom account is paid up as of the date hereof. 1 The Ground Lease is hereby terminated. 4, This Agreement is binding on the parties and their respective successors and assigns. This Agreement may be signed in multiple counterparts, all of which together shall constitute a single iinstrument. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. LANDLORD TENANT CITY OF WATERLOO, IOWA PLANERGY WATERLOO, LLC By: By: Quentin Hart, Mayor John Sprangers, Manager Attest: Kelley Felchle, City Clerk Page 73 of 112 CITY OF WATERLOO Council Communication Resolution approving Acquisition Contract with M and G Capital, LLC to acquire 500 square feet of right-of- way for University Avenue for$1,070, and approving a temporary easement agreement with M and G Capital, LLC in the amount of$2,512.79, located at 3727-3731 University Avenue, in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date 11 k unrn'iig& Zornir'ig Sd roeder, . .rpc Approved 10/1`x/2018 .., p 0.50 AM t.`Ilerp Off-we Eveam, L-eA.um Approved 10/1`x/2018 .... p p:p 3 AM ATTACHMENTS: Description Type .capuuiQuit:paarn Contract Backup Mautcriaall Fci-npura7raairy p,aa4:uenu .°rnt Backup Mate-daall Resolution approving Acquisition Contract with M and G Capital; LLC to acquire 500 square feet of right-of-way for University Avenue for 51,070, and SUBJECT: approving a temporary easement agreement with M and G Capital, LLC in the amount of 52,512.79, located at 3727-3731 University Avenue, in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents. Submitted by: Submitted By:Aric Schroeder. City Planner Recommended Action: Approval The City of Waterloo is preparing to reconstruct the second phase of University Avenue, which involves the need for approximately 20 temporary easements, one permanent easement, and one fee title acquisition needed to complete the project. The offer price was based on Summary Statement: 120% on the assessed value of the property, multiplied by 10% for temporary easements because they are only a temporary(during construction). This transmittal includes 1 temporary easement and one fee title acquisition. Staff continues negotiations with remaining property owners where acquisitions are needed for the project. Expenditure Required: $3,582.79 Source of Funds: Transfer of Jurisdiction funds from the State of Iowa Policy Issue: Acquisition for street reconstruction Alternative: N/A Page 74 of 112 DESCRIPTION:ACQUISITION PROJECT PARCEL 120 COUNTY PARCEL"V" COMMENCING AT THE INTERSECTION OF THE PRESENT WEST RIGHT-OF-WAY LINE OF TUNIS DRIVE AND THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218)AS ESTABLISHED BY DEED 489, PAGE 457, AT 136.00 FEET NORMALLY DISTANT FROM AND SOUTHWESTERLY OF THE CENTERLINE OF SAID FORMER U.S. HIGHWAY NO. 218,ALSO BEING THE NORTHEASTERLY CORNER OF PARCEL"H" THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN MISCELLANEOUS BOOK 338, PAGE 955, IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTHWESTERLY ON THE PRESENT SOUTHERLY RIGHT-OF- WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218), ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"H", BEING A 1010.00-FOOT RADIUS CURVE CONCAVE S 0 UT HWE S T ERLY AND HAVING A 85.52-FOOT (85.51-FOOT RECORD) LONG CHORD BEARING NORTH 74° (DEGREES) 31' (MINUTES) 24"(SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION), 85.54 FEET (85.54 FEET RECORD); THENCE NORTH 74°41'25"WEST ON THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218),ALSO BEING THE Legal Descriptions: NORTHEASTERLY LINE OF SAID PARCEL"H", 60.08 FEET (60.11 FEET RECORD) TO THE NORTHWESTERLY CORNER OF SAID PARCEL"H'; THENCE NORTH 74°59'47" WEST ON THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218),ALSO BEING THE NORTHEASTERLY LINE OF PARCEL"D" THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN MISCELLANEOUS BOOK 317, PAGE 770, IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, 53.15 FEET (53.15 FEET RECORD); THENCE NORTH 15011'36"EAST ON THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D", 65.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 59'55'12"WEST, 63.46 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D'; THENCE SOUTH 74047'28"EAST ON THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D", 61.33 FEET; THENCE SOUTH 15011'36"WEST ON THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (FORMER U.S. HIGHWAY NO. 218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D", 16.29 FEET TO Page 75 of 112 THE POINT OF BEGINNING. CONTAINING 500 SQUARE FEET OR 0.01 ACRE. Page 76 of 112 ACQUISITION CONTRACT Parcel No.-12-0 PROJBCT University AyenueRe-c-o-n-s-fr-u-c-f-19-n-P-h-c-ts-e-2— THIS ACQUISITION CONTRACT(the "Contract")Is made and entered Into as of 2018 by and between M and G Cqpjtaf LLC.("Seller"),and City of Waterloo, Iowa,("Buyer 1, Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the attached as Exhibit "A"` City of Waterloo, State of Iowa, "Property"), described as: See plat and legal description aa which includes any buildings,improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract,and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, Including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's Intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 1,070.00 , based on a fee title value of $2,14 per square foot. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler,Walsh &Hamann,to be held in trust,and the balance of the Purchase Price shall be due and payable in full at,closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller Is eligible for relocation expenses then it shall also receive relocation housing costs. 4. Possession of the Property shall be delivered to Buyer at closing,which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay oil encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County,Iowa,for taxes. fbi Unknown until coMpletion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions,and encumbrances except as provided in this Contract. 8. [This paragraph is optional depending on whether relocation expenses are involved.] Moving and relocation expenses of Seller shall be paid by Buyer, as set forth in this paragraph. Seller will provide to the Buyer a minimum of two estimates from professional moving companies. In addition, Buyer will reimburse Seller for Its actual miscellaneous, reasonable closing costs and expenses based on invoices supplied by Seller to Buyer. Any and all costs incurred by Seller in connection with cleaning up the Property to ready it for closing are not considered moving or relocation expenses. ii Page 77 of 112 9. If the Seller holds tittle to the Property in joint tenancy with full rights of survivorship,and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of low or acts of the Seller. 10, Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed andpossession. Buyer shall notify all Insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer, Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if It falls to complete its duties of its power of eminent domain to acquire the Property, performance under this Contract, Buyer may exercise provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer,to have this transaction qualify as an involuntary conversion pursuant to 1033 of the Internal Revenue Code, 1. 12, This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo,and (b) the environmental clearance of the Property In accordance with Phase I site assessment and recommended subsequent activities if the Buyer chooses to perform a Phase 1. In supplementation of the Phase 1, Seller agrees, no later than to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge, 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time,is of the essence of this Contract. WHEREFORE,the parties have entered into this Acquisition Contract as of the date first set forth above. **NAME**,*-TITLE**, M and G Capital LLC SSN or EIN [Seller name] SSN or EIN V SELLER'S ACKNOWLEDGMENT: ti STATE OF IOWA, ss: Acknowledged before me on /61) Z by .,. Of [as Seller). J ,�m JANET SAN 130 Cominission Nurnoor MY TIASSI ry Public APPROVAL RECOMMENDED BY: City Planning Staff (Date) 2 Page 78 of 112 APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED, BUYER'S ACKNOWLEDGMENT* STATE OF IOWA,BLACK HAWKCOUNTY,ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively,of the City of Waterloo,Iowa, Notary Public jz Page 79 of 112 I r: I' EXHIBIT "A" is r j PREPARED BY:MICHAEL R.FALGE P.L.S.8505 AECOM 501 SYCAMORE STREET,SUITE 222 WATERLOO,IOWA 50703 1-119-232-6531 ACQUISITION PARCEL ACQUISITION IN THE NAME OF THE CITY OF WATERLOO, IOWA t UNIVERSITY AVENUE RECONSTRUCTION — WEST SECTION PROJECT PARCEL NO. 120 COUNTY PARCEL "V" OWNER:M & G CAPITAL,LLC COUNTY PARCEL LETTER "V" ACQUISITION 500 SQUARE ASSIGNED BY THE BLACK FEET OR 0.01 ACRE HAWK COUNTY AUDITOR'S OFFICE ON 10!09/2018 I �l is _ fDeE4 g NtrF fFOR4f `98g�k. p4G� NO 2181 CD ACQUISITION COUNTY Q P.O.B.ACQ. - PARCEL "V" COUNTY PARCEL "V" Ir Q O END. I/2"ftEBAft/YELLOW O CAP NO.8033 END. 1/2' REBAR/YELLOW CAP CAN NOT READ NUMBER PROJECT PARCEL 120 4i. 0 COUNTY PARCEL "D" COUNTY PARCEL "H" MISC.BK.317,PAGE 770 MISC.BK.338,PAGE 955 ui o= M TWE SOUTH 400'VACATED MISC.BK.315,PAGE 329 PART OF THE NE 1/4 OF THE SE 1/4 ~ SEC.20,T 89 N,R 13 1V SEE SHEET 2 OF 2 FOR BEARING/DISTANCE TABLE AND DESCRIPTION Location: Part of Parcel"D"that is recorded in Misc.Book 317,Page 770 in the Office of the Black Hawk County Recorded and situated in part of the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 89 North,Range 13 West of the 5th P.M.,City of Waterloo,Black Hawk County,Iowa Requestor: City of Waterloo,Iowa s 0 50 100 150 200 Proprietor: M&G Capital,LLC Surveyor: Michael R.Fagle Company: AECOM SCALE 501 Sycamore Street,Suite 222,Waterloo,lora,50703 Return To: mike.faele@aecom.com(3191 232.6531 ® = FOUND 1/2"REBAR/NO CAP UNLESS OTHERWISE NOTED b = SET 1/2"REBAR WITH YELLOW PLASTIC CAP NO.8505 DATE SIGNED:OCTOBER W,2018 I hereby certify that thls Lard Surveying d--t vas prepared by re Or uWder N dlrett personal stWery lslm a"d his pint is Anq Isi'Fi Zorcat Sur'v y not a Subdivision of Land ",v t>,Na a`'a twat t a.a a dory en�rd tand seyor of State of lora. Signed Oate s ',"esea pe �Ic HkEL ff.PAULOate License n"rper 505 Ay I lb—renevai dxte Is Deccrt-31,20 18 Page,or aheefs covered�m by thls seal: J® i, SxEE7 I AN SHEET ! OF 2 OF 2 Page 80 of 112 li' ACQUISITION PARCEL. - ACOUISITION IN THE NAME OF THE CITY OF WATERLOO,IOWA UNIVERSITY AVENUE RECONSTRUCTION — WEST SECTION PROJECT PARCEL NO. 120 COUNTY PARCEL "V" OWNER-.M & G CAPITAL,LLC BEARING/DISTANCE ACQUISITION PROJECT PARCEL 120 (COUNTY PARCEL"V") 1 TO 2 R= 1010.00' L=85.54' 85.54' R LC- N 74 31 24 " W 85.52' 85.51'R 2 TO 3 N 74 ° 41 ' 25 " W 60.08' 60.11'R 3 TO 4 N 74 59 ' 47 " W 53.15' 53.15'R 4 TO 5 N 15 ° 11 36 E 65.23' 5 TO 6 N 59 ° 55 ` 12 W 63.46' 6 TO 7 S 74 ' 47 ` 28 E 61.33' 7 TO 5 S 15 11 ` 36 W 16.29' DESCRIPTION;ACQUISITION PROJECT PARCEL 120 COUNTY PARCEL"V" COMMENCING AT THE INTERSECTION OF THE PRESENT WEST RIGHT—OF—WAY LINE OF TUNIS DRIVE AND THE PRESENT SOUTHERLY RIGHT-OF-WAY UNE OF UNIVERSITY AVENUE(FORMER U.S.HIGHWAY NO.218)AS ESTABLISHED BY DEED 489;PAGE 457,AT 136:00 FEET NORMALLY DISTANT FROM AND SOUTHWESTERLY OF THE CENTERLINE OF SAID FORMER U.S.HIGHWAY NO.218,ALSO BEING THE NORTHEASTERLY CORNER OF PARCEL"H"THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN MISCELLANEOUS BOOK 338,PAGE 955,IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER;THENCE NORTHWESTERLY ON THE PRESENT SOUTHERLY RIGHT—OF—WAY LINE OF UNIVERSITY AVENUE(FORMER U-S.HIGHWAY NO.218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"H",BEING A 1010.00—FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 85.52—FOOT(85.51.—FOOT RECORD)LONG CHORD BEARING NORTH 74°(DEGREES)31'(MINUTES)24"(SECONDS) WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION), 85.54 FEET(85.54 FEET RECORD);THENCE NORTH 74°41'25"WEST ON THE PRESENT SOUTHERLY RIGHT—OF—WAY LINE OF UNIVERSITY AVENUE (FORMER U.S.HIGHWAY NO.218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"H", 60.08 FEET(60,11 FEET RECORD)TO THE NORTHWESTERLY CORNER OF SAID PARCEL"H"; THENCE NORTH 74°59'47"WEST ON THE PRESENT SOUTHERLY RIGHT—OF—WAY LINE OF UNIVERSITY AVENUE(FORMER U.S.HIGHWAY NO.218),ALSO BEING THE NORTHEASTERLY LINE OF PARCEL"D"THAT IS SHOWN ON A PLAT OF SURVEY THAT IS RECORDED IN MISCELLANEOUS BOOK 317,PAGE 770,IN THE OFFICE OFTHE BLACK HAWK COUNTY RECORDER,53.15 FEET (53.15 FEET RECORD);THENCE NORTH 1511'36"EAST ON THE PRESENT SOUTHERLY RIGHT—OF— WAY LINE OF UNIVERSITY AVENUE(FORMER U.S.HIGHWAY NO.218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D",65.23 FEET TO THE POINT OF BEGINNING OFTHE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 59°55'12"WEST,63.46 FFET TO THF P R ESENT SOUTH ER LY RIGHT—OF—WAY ITNF OF UNIVERSITY AVENUE(FORMER U,S.HIGHWAY N0. 218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D";THENCE SOUTH 74°47'28" EAST ON THE PRESENT SOUTHERLY RIGHT—OF—WAY LINE OF UNIVERSITY AVENUE(FORMER U.S. HIGHWAY NO.218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL"D",61.33 FEET; THENCE SOUTH 1S°11'36"WEST ON THE PRESENT SOUTHERLY RIGHT—OF—WAY LINE OF UNIVERSITY AVENUE(FORMER U.S.HIGHWAY NO.218),ALSO BEING THE NORTHEASTERLY LINE OF SAID PARCEL-D-,16.29 FEETTO THE POINT OF BEGINNING, ) CONTAINING 500 SQUARE FEET OR 0.01 ACRE. ) ) ACOM SHEET 2 OF 2 s Page 81 of 112 i 2 J 3 7� 4 it 7 a i yM S Yreparcd by Aric Schroeder,City of Waterloo 715 Mulberry Street,Waterloo IA 50703—(319)291.4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase l 2,Parcel 120,together with a right of ingress and egress thereon, i N lI 4 I For & d G C ita1 ,1.,C tr' By: as " Its: Is I, ,l r .. �N State of County ) ss. Acknowledged before rne} onb '" for M and G Capital I� C. r..- a'� r' I' as �"i X46° p [Seal] Nit ry Public JANETSANBORN Commis 816 1 Commission OO SXPIRES Iowa MY CML SI . t P l� ykS 4 I k F 1 Page K of 112 i I ,, Tdrisi � 1 '"�,.? "'77;`""'`/� lrr� Y^rryF "fir,,, it r� lrl � f��v �,<� �ru✓�� ....1/..,,.c. A� h, / 000i ,rrr;;;;//G, /i a rro��oo/rr ,pro, ,/oi % ,.,...,.�..��..�., .._ y _� I�IIII f If � I J�ri /ff�f � J f f IIIIIII II VIII kI �� � � f�f,f � � �,i�a lililililil�llllllllllllllllllllllllllllllllll � � F T / EE ,�� ��Illu� P l• i 4 LEGEND Q, � , TEMPORARY � f w RIGHT-OF-WAY LINES EASEMENt f PERM.EASEMENT LINES 2 061 SF w r — — TEMP.EASEMENT LINES f PARCEL 0 PERMANENT ACQUISITION rfJ/i 120 a ' f PERM.UTWLITY EASEMENTff PHASE n, TEMPORARY EASEMENT a Figure 18 Temporary Easement and CD Permanent Acquisition � I,o M AND G CAPITAL LLC a university Avenue Reconstruction o, ri Febf , 20118 Iowa DiAsion — Waterloo,Iowa 6052896 Page 83 of 112 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the Preliminary Plat of Brock 3rd Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date 1°lacc:nm'rr)g;& acne ing ilclu'oederc, Axie Approved G 0/17/2018 ... tl 0-56 AM 1.'llerk 1 ffi' ce Evemn, 1: eA.mm: Approved 10/17/2018 :12 AM ATTACHMENTS: Description Type Staff Re.pcmrt Covet Memo Ovcrrvk',w Map Memo .crimp Mark:) Cove.r Mcrn-io P la ("'over Mc:°rn-io P cfccires ('.'ovc:.r Mc.^aio 1..,c 9ttc^r ftoran Erftgku eer (:.`over Meaio App lic.aafiorn 1:1acll 1"✓1ate pall Resolution approving a request by the City of Waterloo for the Preliminary SUBJECT: Plat of Brock 31d Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is for a preliminary plat of Brock 3rd Addition a 3 lot commercial/industrial subdivision located NW of 2010 West Ridgeway Avenue. Please find attached to this council transmittal the following items: • Staff report • Aerial photograph • Preliminary Plat • Legal Description • Report of City Engineer The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area has several new industrial developments in the area. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West Ridgeway Avenue, which is classified as a Minor Arterial and Martin Road Page 84 of 112 which is a local street. Highway 63 is to the east and is classified as a Principal Arterial. The Sergeant Road Trail is located to the east along Highway 63. There are plans to extend the Ridgeway Avenue Trail on the south side of Ridgeway Avenue. The area of the proposed plat is zoned "M-2,P"Planned Industrial District and was rezoned from"U-1"Unclassified on June 3rd, 2004 Ordinance 3682. Surrounding land uses and their zoning are as follows: North— Leonard Katoski Greenbelt, zoned"A-1"Agricultural District. South— Denso International, Kwik Star and Ridgeway Avenue zoned "M- 2,P"Planned Industrial District. East— Commercial Businesses zoned "M-1: Light Industrial District. West— Daycare facility under construction and soccer fields, zoned "B- P"Business Park District and the Leonard Katoski Greenbelt zoned "A- 1"Agricultural District. Commercial buildings built between 1990 and 2018. No buffers would be required as a part of this plat request. A drainage plan will need to be submitted to Engineering when buildings are constructed. A drainage way is shown between Lot 02 and Lot 03 which should not be filled in or developed upon. Portions of the property are located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. Portions of three lots are in Zone A: 100 year Floodplain, and Zone X: 500 year Floodplain. All buildings built within Zone A will need to be built I' above base flood elevation. The nearest schools are Lou Henry Elementary located 1.90 miles to the southeast, Central Middle School located 1.5 miles to the north and West High School located 2.37 miles to the east. The Katoski Greenbelt is located to the west and north of the proposed plat. A new sanitary sewer will be extended from the east to serve the lots in the plat. There is also an 8" Sanitary Sewer located along the southern part of Lot 03 north of Ridgeway Ave. There is 16"Water Main along Martin Road and a 20"Water Main on the south side of Ridgeway Avenue. A natural gas line is also located in Ridgeway Avenue. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The preliminary plat consists of 3 lots and two tracts containing a total of Summary Statement: 38.55 acres of land which is located northwest of 2010 West Ridgeway Avenue. The lots are 5.82, 10.65 and 12.91 respectively. The two tracts are 0.58 acres and 8.58 acres. A drainage easement is shown on the east side of Lot 03 and the west side of Lot 02. Tract A will be for drainage and detention but do not know what Tract B is for. During Tech Review it was noted that Lot 03 and Tract A needs to show the new sanitary sewer line that was extended along Ridgeway to service the day care to the west and an easement for the line along with the storm sewer outlet and easement at the new Kwik Star blending station. Plats Page 85 of 112 normally show adjacent unplatted land but are not required. The preliminary plat shows the legal description, existing topography contours, property lines, dates, north arrow, scale, sanitary sewer proposed location, water systems locations, adjoining subdivisions, size of the existing lots, and street surfacing. The plat does not include building setback lines,proposed contours or grading plan. The Planning, Programming and Zoning Commission can make their recommendation without these items but it cannot be submitted to city council for approval until they are added to the plat. At their October 2, 2018 the Planning, Programming and Zoning Commission recommended the approval of the Preliminary Plat of Brock 3rd Addition 5-0. Therefore, staff recommends that the Preliminary Plat for Brock Third Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. 2. That all buildings built in areas that are in Zone A: 100 Year Floodplain be built V above the base flood elevation. Expenditure Required: None Page 86 of 112 Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A Background Information: N/A Legal Descriptions: See attached Plat Page 87 of 112 October 2nd,2018 REQUEST: Request by the City of Waterloo for the Preliminary Plat of Brock 3rd Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue. APPLICANT: City of Waterloo, 715 Mulberry, Waterloo, IA 50703 GENERAL The applicant is requesting to plat the property in question for the DESCRIPTION: purposes of creating a 3-lot commercial subdivision, located northwest of 2010 West Ridgeway Avenue. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area has several new SURROUNDING industrial developments in the area. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by West Ridgeway Avenue, which is classified as a Minor CONDITIONS: Arterial and Martin Road which is a local street. Highway 63 is to the east and is classified as a Principal Arterial. RELATIONSHIP TO The Sergeant Road Trail is located to the east along Highway 63. RECREATIONAL There are plans to extend the Ridgeway Avenue Trail on the south TRAIL PLAN AND side of Ridgeway Avenue. COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed plat is zoned "M-2,P" Planned Industrial FOR SITE AND District and was rezoned from "U-1" Unclassified on June 3rd, 2004 IMMEDIATE VICINITY: Ordinance 3682. Surrounding land uses and their zoning are as follows: North — Leonard Katoski Greenbelt, zoned "A-1"Agricultural District. South — Denso International, Kwik Star and Ridgeway Avenue zoned "M-2,P" Planned Industrial District. East — Commercial Businesses zoned "M-1: Light Industrial District. West — Daycare facility under construction and soccer fields, zoned "B-P" Business Park District and the Leonard Katoski Greenbelt zoned "A-1"Agricultural District. DEVELOPMENT Commercial buildings built between 1990 and 2018. HISTORY: BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: Adrainage plan will need to be submitted to Engineering when buildings are constructed. A drainage way is shown between Lot 02 and Lot 03 which should not be filled in or developed upon. NW of 2010 Ridgeway Avenue—Pre Plat Brock 3`d Addition PePg@P88f 6f 112 October 2nd,2018 FLOODPLAIN: Portions of the property are located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. Portions of three lots are in Zone A: 100 year Floodplain, and Zone X: 500 year Floodplain. All buildings built within Zone A will need to be built V above base flood elevation. PUBLIC /OPEN The nearest schools are Lou Henry Elementary located 1.90 miles SPACES/ SCHOOLS: to the southeast, Central Middle School located 1.5 miles to the north and West High School located 2.37 miles to the east. The Katoski Greenbelt is located to the west and north of the proposed plat. UTILITIES: WATER, A new sanitary sewer will be extended from the east to serve the SANITARY SEWER, lots in the plat. STORM SEWER, ETC: There is also an 8" Sanitary Sewer located along the southern part of Lot 03 north of Ridgeway Ave. There is 16" Water Main along Martin Road and a 20" Water Main on the south side of Ridgeway Avenue. A natural gas line is also located in Ridgeway Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE proposed plat conforms to the Future Land Use Map and LAND USE PLAN: Comprehensive Plan. STAFF ANALYSIS — The preliminary plat consists of 3 lots and two tracts containing a ZONING total of 38.55 acres of land which is located northwest of 2010 ORDINANCE: West Ridgeway Avenue. The lots are 5.82, 10.65 and 12.91 respectively. The two tracts are 0.58 acres and 8.58 acres. A drainage easement is shown on the east side of Lot 03 and the west side of Lot 02. Tract Awill be for drainage and detention but do not know what Tract B is for. During Tech Review it was noted that Lot 03 and Tract A needs to show the new sanitary sewer line that was extended along Ridgeway to service the day care to the west and an easement for the line along with the storm sewer outlet and easement at the new Kwik Star blending station. Plats normally show adjacent unplatted land but are not required. STAFF ANALYSIS — The preliminary plat shows the legal description, existing SUBDIVISION topography contours, property lines, dates, north arrow, scale, ORDINANCE: sanitary sewer proposed location, water systems locations, adjoining subdivisions, size of the existing lots, and street surfacing. The plat does not include building setback lines, proposed contours or grading plan. The Planning, Programming and Zoning Commission can make their recommendation without these items but it cannot be submitted to city council for approval until they are added to the plat. NW of 2010 Ridgeway Avenue—Pre Plat Brock 3`d Addition PePg@P89f 6f 112 October 2nd,2018 STAFF Therefore, staff recommends that the Preliminary Plat for Brock RECOMMENDATION: Third Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. 2. That all buildings built in areas that are in Zone A: 100 Year Floodplain be built V above the base flood elevation. NW of 2010 Ridgeway Avenue—Pre Plat Brock 3rd Addition PePOW 9®f 6f 112 City of Waterloo Planning, Programming and Zoning Commission October 2, 2018 t_Creek Bdcce/'`� ccu�k Greenbelt eek Like „�- 3 R— f„ d MR—R MA TIN RD APRILST r R-2 °F Q � 9 MAY ST O LU u (D ¢ L Y � m „t M-1 �p JANE ST A-1 zj — F R 2,C—Z R-3;C—Z M-2, 63 R-4 R-3 C—P =' C-2 a W.RIDGEWAY AVE R-4,C—Z "n j0 ATHENS DR J R-3 w� F a A-1 IT 100%,oa p B-P PP R-4 e� ➢ A CYCLONE DR y R-4 o 1:) �. oR M-1 FT T..... �uu' QUAIL PL. LU TITAN TRAIL R-4, R—P INE VIEW PL M-2,P R-1 R-4 T.FyG RsT R-3 N A-1 N M-1 c A-1 W <� N NW of 2oio Ridgeway Avenue W E Preliminary and Final Plat Request s„ City of Waterloo 1,000 500 0 1,000 � � Fee[ Page 91 of 112 City of Waterloo Planning, Programming and Zoning Commission October 3, 2018 P Aim Y.. w t, k, i f i r / / I V Area to be Platted / / '�: �//1l/1✓����� / '/ �/ r/� i �� i y�'( rtY � i�rjlj,�Vl�If"ri lru, �� :. r r� � i1 r ( d✓ � P'�// I ��. �irar f � � lkr�/ UU1�rrf .rr� ✓ r r �. � ,r � ��� r / �`r Y/'�l 7r r r r/ ✓ 1 fr rrV ✓ /i}sl r r /r r r �� iP � irr rYr/i 1� rf rjrrrL 'r r ' / / rr y � `✓ V R���(,4� i�l�� r' G ;11 r1Y vil ail✓r ��r r�1✓n' r/ f/� r Fr ✓ r r �/ ��� i. I nrh/ VI i r"d4�+i l r t rj /l r/ 1 ///j✓ F a rk� � a1�1 / d r� . .i r P .r v r � 4l✓ // 1. rr 1 l..-.,J.. Z _....ry rl I' .,1 r 9 / rr / / ✓/1 s, � �� / 1,1 !✓1 � w� // � r 4 �/ f r kl r xy/�l/�� r� ��r r/r �rr / i✓i / ° rri f ��/���k i� � �J/ / � U,�'`✓��iM�fr rf �i✓t�l��Y rrlY r k� /r r i%Y� �� �/ r�"/ � � „ t i rr f i .i 0 P�� 1`) r �ri it f ✓A �� / /i /�//� //// ( ,�,+f SII ' 4/ /�i1��if y/1�i4,✓1r f��1/ /fir� f�//i j% i����///� � rf�f/i;��� ,,.. ,iY kl r�� �r ,�' ��j/ /yr if r� f✓/f/ l/f� / r✓l��i i� rf��'. r O/;>k�. ii r r h i /��i r// fl�e i�if �/r/1 '/�i i�l/// /✓t'i// �e R /ar �Y fill/i//�i i / i r r Y � / !Jk�r T �r✓�'%/ri�iiY �� r i Y �� W.RIDGEWAYAVE W. 'IDGEWAYAVE,,,,i/;�%%%'%// f�l�/RIDGEWAY AVE,�, ,i-i� iii ,,,1✓ ,i//,.{�%✓f/, ��/� „/ .,, riikia///i.✓!///////!//!!/i/a%//�//%/eG/.:; i„ ���ri ti�ai,,,,,,,,e,,,.,.. „i„ ,.. ,,,,,i N NW of aoio Ridgeway Ave W*E Preliminary and Final Plat Request City of Waterloo 350 175 0 350 Feet Page 92 of 112 i Oo Zp09 8jNII11 00 I 00 c < <0 00 0 0 0 0 000000 000 00 p pp n � 0 n p m D m m m m m m m rn m m m m m m rn m m m rn 0 rn rn D m m c D m r z z z z z z z Z z z z z z z z z Z Z z O z z -u m z Z Z co 00 O 00 0 000000000 O O 00 00 > 0 rn p r --i U) --i --i gam - m � m m U) cmn cmn Lf) umi Lf) LnU) cn w umi N vmi umi W M w Le) m Lei Lei :E (f) (A 00 N m m m z 0 Lf) --i 67 m m m m m m m m m m O z\ Z <D c 0 D m D r ;1 XXXXX XXX MM � � O \ Z � �1 D m m C v N n m n n (Am o 00 — M N O O Z� A m 70 p m 5 M 300C) C) G)C) � � � D 0p 14 p 0 20 N m A m 0 mc) gcncn m� c� nn = mo mD � mm Co O D mmm� x C)m � r- r- --j QZ � (� � �m X rrn 2� ;JDK A= m zvl m � X D Z7 m O y < AZD{ m rZ < 2 m Z r ami y z < Z mX m 0 G) O m m O m Z z m A z m z m O C: z 0 ,yo L I I / i IP I � � II (N89'14'20"E-296.19') I \ \ nnu !`l�AAICA Preliminary and Final Plat Brock Third Addition a. t �r t- Looking north from West Ridgeway Avenue Looking west from Martin Road ��@�II�I(�Illd�lll I��IdI��VI II IIIII�III�II I II ILII II II IIII III II III II � � i Looking northwest from the new Kwik Star Looking west from Martin Road. Fuel Blending statioin. Page 94 of 112 CHTY OF WATERLOO , NOWA ENGINEERING DEPARTMENT 715 Mulberry St. o Watedoo, [A 50703 a Phone (319)291-4312 Fax(31 7)294-4262 City En.aineer a email: city,eiigiiieci-�waterloo-ii.oi-g October 17, 2018 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT BROCK THIRD ADDITION Dear Aric: This preliminary 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 preliminary plat be approved. Sincerely, X Dennis /. Gentz, P"-'r, Assistant City Engineer NVETE WORKING FOR YOU! An Equal Opt)orhitlity/Afflirtnativ9Actioti Employer Page 95 of 112 i CITY OF WATERLOO PLANNING AND ZONING- COMMISSION REQUEST FOR. PLATTING (MINOR OR.PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Narne(please print): W()76"tI,...041 Address: C'' U1AVV-11 1'� Phone: City: !v��5_�% � State: } Zip: b. Status of Applicant: (a) Owner (b) Other (CHECK ONE): If other explain: r, C. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION]-: �. a. Name of Plat: P-- -c y— 00 at ^J b. General Location of Property:_ _ - — r �.-'t ......._ 'c - t c. Area of Proposed Plat: d. Zoning District(s): —1 _..............--............................................ -- 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six(6)copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four(4) copies of Preliminary Deed of Dedication r. 4. PUBLIC IMPROVEMENTS a. Costs (estimated)for any public improvements: Total Cost Estimate Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said Sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require thatthe request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The nnr�s tied authorize City Zoning Officials to enter the roperty in question in regards to the request. ° Signature of Applicant Date Signature of Owner Date Page 96 of 112 J CITY OF WATERLOO Council Communication Resolution approving submission of a Diesel Emissions Reduction Grant Application to replace one(1) 1999 John Deere Motor Grader with a Tier 4 2019 Emissions. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date II naafi: Open-alons p^vee i, L-e mini Approved p 0/17/2018 .... p p:p 8 M Resolution approving submission of a Diesel Emissions Reduction Grant SUBJECT: Application to replace one (1) 1999 John Deere Motor Grader with a Tier 4 2019 Emissions. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Summary Statement: This project will outfit a new road grader with the latest Tier 4 Emissions. Expenditure Required: $250,000.00 Source of Funds: $87,500- Grant $162,500.00- GO Bond Strategy- 3.4- Identify and improvement of proven cost and resource Policy Issue: saving measures. Background Information: Will reduce emissions in inotor grader. Page 97 of 112 CITY OF WATERLOO Council Communication Resolution approving installation of a speed hump located at 141 South Hackett Road. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date 11 p1 rraaffic Operaoli o nus Even, L-eA.nn Approved G0/17/20p 8 .... tl tl:p2,AM SUBJECT: Resolution approving installation of a speed hump located at 141 South Hackett Road. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: Request from residents regarding speed in the area. Speed study was conducted. Our recommendation is to install a speed hump. Expenditure Required: $600.00 Source of Funds: Road Use Tax Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 98 of 112 CITY OF WATERLOO Council Communication Resolution approving construction plans for paving, sanitary sewer, and stoma sewer serving Cedar Valley Crossing, as submitted by Clapsaddle-Garber Associates, Inc. of Cedar Falls, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date I^n�l;prneen nc�q" (ventz, Den'imi's p r)roved 10/17/2018 .22 AM Glerk (Mice Eveni, L-e nra Approved 10/17/2018 .... 1 p,2p9 AM Resolution approving construction plans for paving, sanitary sewer. and storm sewer serving Cedar Valley Crossing as submitted by Clapsaddle- Garber Associates. Inc. of Cedar Falls, Iowa, and a Sewage Treatment SUBJECT: Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00) and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Dennis Gentz, PE.Assistant City Engineer Page 99 of 112 CITY OF WATERLOO Council Communication Resolution approving the donation of land and acceptance of quit claim deed from ANACAPA Associates, LLC for a property located at 536 Dawson Street, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 10/22/2018 Prepared: 10/19/2018 REVIEWERS: Department Reviewer Action Date Planrnpnn ;& Zonpng Scpirroederr, A.rie Approved 0/19/2018 �2.27 PM t.` errk Office ice Evenm, l,eA. nrrnn Approved 10/19/201ii ... 239 PM ATTACHMENTS: Description Type l.kt iped lkep girt t."ove.r Me.n-io P�ctnnrc app`1lnnrnne Cover Mernnno l..,el;,fl I.N.'scruptio n t::`o vc.r Mcinnno Resolution approving the donation of land and acceptance of quit claim deed SUBJECT: from ANACAPA Associates, LLC for a property located at 536 Dawson Street, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Director of Community Planning and Development Recommended Action: Approval The property suffered a sever fire and sustained extensive damage. The owners have offered to donate the property and give the city the $10,000 insurance money to be used for the demolition of the property. The city would then own the lot and would work to get infill development on the property. Typically structures are first surveyed for asbestos and the abatement of the Summary Statement: material found. However, the building is fire damaged so it my not be able to be abated prior to demolition which would then require a RACM (Regulated Asbestos Containing Material) demolition meaning that the entire building is treated as asbestos which typically more to dispose of at the landfill. Staff willinvestigate whether the home can be safely surveyed and abated. If the home can be properly abated the estimate cost to demo including the asbestos survey and abatement would approximately be $10,000 to $12,000. If the home cannot be abated the estimate to demolish is would likely be between $15,000 and $20,000. It is Unknown at this time however, staff estimates the home could possibly Page 100 of 112 Expenditure Required: be demolished for$10,000, which would be covered by the insurance. However, the cost could exceed the available insurance. Source of Funds: Insurance proceeds for up to $10,000, and Nuisance Abatement Bonds for any costs that exceed $10,000. Policy Issue: Nuisance abatement and Infill Development. Alternative: Not accept the property and require the owner to complete the demo. Legal Descriptions: The East 33 1/3 feet of Lot 21 in Block 5 in Burnside in Waterloo, Iowa. Page 101 of 112 10119/2018 Printable Map Output Black Hawk Court Parcel Map Parcel ID: 8913-14-457-018 Deed Holder: ANACAPA ASSOCIATES LLC Parcel Address. 53F� DAWSON ST, WATERLOO, IA 50703 L®�pm.and rwadnsm m_ A W ahm®� Ir � III �.r dmpy I� Ivry )I !p IIIIrrffII1 �fr ,vl parks �/ / v/(•In, �1� 1 a l �//�I i„ ai��� �I 9r nv anirnmwa w j r yl w /r/loll/ira �jr,r,, �l✓J1Il�y///l//9 r: �x 7 --hip. a W l i parcmlm ,NGS'S � ✓ / I%; 1 1 r �i% { Tpvanchip r� I " City Unaan rmll—d_dim --U raaddlim j Y raj r U r ni r r ri / vi e � �arm Vl. tarp��a f�atxR/ M1C)1 t duuc. / j/ii/lJ ii ra,, Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 315 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo, Iowa 507034774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal .E-mail:auditor cr3co.black-:hawkJa.us.or information. Page 102 of 1111 10/1912018 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID _ Deed Holderax Mail to Address $9'I3-14-457-U1$ ANACAPA ASSOCIATES LLCNACAPA ASSOCIATES LLC - 335 SHERIDAN RD PDF No Map Area Contract Buyero . � .. �n ATERLOO, ]A 50701-0000 NWTLO-15i Pro pert Address Current Recorded Transfer _ 536 DAWSON S7 -r�- - � Date.Drawn Date Filed Recorded Document Tpe ATERLOO, IA 50703-5826 3/28/2013 /2/2013 2013020278 D SALES BUILDING PERMIT ff28 mount NUTC 1 T pe L4/241201-8 Number -�m m _mount Reason 201317,000 SALE TO/BY GOVERN MENTIEXEMPT FC _ 0Misc ORGANIZATION - 121 Deed A141_51 1,200 Roof8/8/2012 50,331 FORECLOSURES, FORFEITURES, A 01327 ;1,240 RaafSHERIFFS AND TAX SALES, ORA 0366 , 2. Ext-Remodel _ TRANSFERS . - 121 Deed - -%-' " 212112Q0652,500 NORMALARMS-LENGTH � rvm TRANSACTION - PRIOR 091 Deed 8/11/2005 1,000 NORMAL ARMS-LENGTH TRANSACTION - PRIOR 09/ Deed YW ASSESSED VALUESICREDITS Year Class 201$ R I 100% Land Multi-Residential Land Dwelling Buildin otal­ cres Value ,850 0 35,220 0 0,070 0 axable Land Multi-Residential Land Dwelling Building otal aloe ,850 0 35,220 � n���� .0-���- �-- n 0,070 ear Class v,„ 2017 �w ......am 100% Land Multi-Residential Land Dwe[lin Buildinq Total cres Value 850 0 .35,220-® 0 40,070 0 axable Land Multi-Residential Land Dwelling Building otal aloe ,698 � 0 �.- 19,590 0 22,288 0 a ear � p- .�- a, Class -, , , - s„a -a� 2016 RMMMMMEMMEMM - 100% LandMulti-Residential Land Dwe[ling Building Tota[ cres �� alue ,850 5—­­­--­—­­--- Q 640 0 5,490 0 axable Land Multi-Residential Land Dwelling Building Total 2 _ aloe 2,760 23' �m140 -,-. 25,902Mnn� TAX INFORMATION ASSESSMENT YEAR 2017 PAYABLE 2018/2019 � �� ax District 941341 -EASTWATERLOOUNIFIED TIF BASE Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 40,070 vo 122,288 rvp - 0 -- � X40.0843- _893.40 -$894.00 11 Nocorp 0 0 0 0 $0.00 v Homestead Disabled Veteran Property Tax Relief g Business Property Tax Credit Credit Credit Credit Credit Corp�� 0.00 $0.00 oa �....- 3� $0.00�o� - a� om�ea $0.00 $000T -x--� LL � WPage 103 of�11 2 httpalwww2.cc.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891314457018 113 10/1912018 Black Hawk County Detailed Parcel Report LEGAL BURNSIDE E 33 113 FT LOT 21 BLK 5 LAND _ Basis_ Front Rearn� Side 1 ISide 2 Lot _ rea Acres Front Foot 33 130 - � 1 0 W 290 MN 0.099_ Totals: � 29U� 13.099 DWELLING CHARACTERISTICS - � ,wNTotal Livin�Area, a T e g a Single-Famil g Owner Occupied 2 StoryFrame 1144„ 1 Year Built rea Heat C Ec7 1912 572es No �� N--�]] otal Rooms Above otal Rooms BelowBedrooms Above bedroo Basement - e� BasementFinished Area No Basement Floor Full 0 � 0 , Foundation w Flooring C Blk Carp 1 Tile �o mum a�mee�riumma � � Exterior Walls Interior Finish TMRoof Mtl 1 Gable Non-Base Floor/Wall Pipeless Handfired ----.--Space Heaters m Heating 0 Plumbin 1 Full Bath Style lArea - Porch 1 S Frame Open 136 1 S Frame Enclosed 8 GARAGES BASEMENT STALLS riiK ar Built Style idth Len th rea Basement Qtrs Over _ rea C None 0Det Frame 18 - 2 396 0 None mmm �Amn.0n Page 104 of 11 211, 10119/2018 Black Hawk County Property Photos There is 1 photo of parcel 891314457018. mn � Ems=11,11 MM11 now µ f y , i htt !/www2.co.black-hawk.ia.us/website/bhma /bhPar]rna es.as a n=891314457018&ar- - lioto Page 105 of 111, p� p 9 p? p 9-p Page 2 of 3 REO NO. 12_ 1STL SPECIAL WARRANTY DEED This Deed is Brom Federal National Mortgage Association, its Successors and/or Assigns,a corporation organized and existing under the laws of the United States,having its principal office in the City of Washington, D.C. ("Grantor"), to Anacapa Associates,L.L.C. ("Grantee"), and to Grantee's heirs and assigns. For value received, Grantor hereby grants,remises,aliens and conveys unto Grantee, and to Grantee's heirs and assigns forever, but without recourse,representation or warranty, except as expressed herein, all of Grantor's right,title and interest in and to that certain tract or parcel of land situated in the County of Black Hawk, State of Iowa, described as follows (the "Premises"): Sib Dawson Street,Waterloo, IA 50703 The East 33 1/3 feet of Lot 21 in Block S in`Burnside"in Waterloo, Iowa. Subject to easements,restrictions, covenants,ordinances and limited access provisions of record. GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYING CAPTIONED PROPERTY TO A BONAFIDE PURCHASER FOR VALUE FOR A SALES PRICE OF GREATER THAN$20,400.00 FOR A PERIOD OF THREE MONTHS FROM THE DATE OF THE RECORDING OF TIHS DEED. GRANTEE SHALL ALSO BE PROIHBITED FROM ENCUMBERING SUBJECT PROPERTY WITH A SECURITY.INTEREST IN THE PRINCIPAL AMOUNT OF GREATER THAN$20,400.00 FOR A PERIOD OF THREE MONTHS FROM THE DATE OF THE RECORDING OF THIS DEED. THESE RESTRICTIONS SHALL RUN WITH THE LAND AND ARE NOT PERSONAL TO GRAN'T'EE. THIS RESTRICTION SHALL TERMINATE IMMEDIATELY UPON CONVEYANCE AT ANY FORECLOSURE SALE RELATED TO A MORTGAGE OR DEED OF TRUST. And Grantor, for itself and its successors does covenant,promise and agree, to and with Grantee, Grantee's heirs and assigns, that Grantor has not done or suffered to be done anything whereby the Premises hereby granted are,or may be,in any maeyr encumbered or charged, except as herein recited; and that Grantor will warrant and forever defend title to the Premises, against all persons lawfully claiming or who may claim the same,by,through or under Grantor but not otherwise. Grantor is exempt from all taxations imposed by any state, county, municipality, or local taxing authority, except for real property taxes. Thus, Grantor is exempt from any and all transfer taxes. See, 12 U.S.C. 1723a(c) ( 2). Date: '3121 ,2013 FEDERAL NATIONAL MORTGAGE ASSOCIATION "%U 11111 j J/,r :r��.•`•@ 0 SAT 198 By, Evelyn wrnavI Assi ce Sl Attest: 10 y 106 of 112 CITY OF WATERLOO Council Communication Sewer Rate Increase City Council Meeting: 10/22/2018 Prepared: 10/19/2018 REVIEWERS: Department Reviewer Action Date Finance We,dner, Micbelle Approved p0/19/20p8 -27 AM (I ]erk Off-we Even, L-eA.nn Approved 0/19/2018 2-45 PNP ATTACHMENTS: Description Type D S(,wer Rate Increase FYE2019 and 2020 COLMCH Covet Mell/no C.1011111111 Motion to receive, fide and consider for the first time an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to SUBJECT: increase sewer rates. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By: Michelle Weidner, Chief F inane ial Officer Recommended Action: Effective January 1, 2019, the average residential user's cost will rise $1.25 per month, while the minimum quarterly charge will rise $2.25. Effective July 12019, the average residential use's cost will rise an additional $1.25 per month, white the minimum quarterly charge will increase an additional$2.25. These rates will remain about the fifth lowest in the state after applying these increases (and assuming other entities don't adopt rate increases). Summary Statement: As discussed at the council work session Monday, October 15, 2018, the City needs to continue making substantial capital improvements to the sewer system. In order to maintain balanced budgets for the sewer fund, rate increases are required. The City developed a collection system master plan to implement improvements required by the consent decree. These increases will fund the debt service needed for projects currently planned to be financed over the next two years. The rate increases will allow the city to comply with Clean Water regulations Page 107 of 112 Policy Issue: and maintain a balanced sewer budget. If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Alternative: Resources are not made, the City won't be able to comply with the regulatory requirements and will likely be penalized with fines. The last sewer rate increase was effective July 1, 2015, three and one-half years ago. As we discussed previously, we anticipated that annual rate increases of 5% would be needed subsequent to that to provide funding for Background Information: construction of needed improvements. The City will not be able to comply with recent Department of Natural Resources and US Environmental Protection Agency requirements without additional revenue. Page 108 of 112 CITY OF WATERLOO , IOWA i I CITY CLIERKAND FINANCE DEPARTMENT KHAAN HA—CHr..E * Ca'f7,Clerk MIC(tl3r,t.I�Wr ll)PIE ,CIIA m C.ldefFinaancinl U%/ic:er Council Communication ebhowr City Council Meeting: October 22, 2018 f QUE'NTIN Prepared: October 18, 2018 HART Dept. Read Signature: Michelle Weidner COUNCIL, Number of Attachments: None MFMB RS SUBJECT: Sewer Rate Increase Y� KLEIc�nr�r:7W Submitted b Michelle Weidner, Chief Financial Officer r<r_,r�,��r Ward I BRUCE Recommended City Council Action: I recommend that the Council adopt an JACOBS ordinance change to City Ordinances, Chapter 3, Sewer Regulations, Section 8- Waaral' 3A-6 to apply the following sewer rental charge, effective with billing dates PATRICK below: rviORRISSEY Beginning January 1, 2019 Frrarrel3 Minimum monthly charge $15.00 (includes first 3 Ccf) Minimum quarterly charge 45.00 (Includes first 9 Ccf) JEROME Per Ccf over minimum monthly charge 2.40 (Ccf= 100 cubic feet of metered AMM JR, water used or metered wastewater discharge if provided in permit) 6Vaxrd 4 Beginning July 1, 2019 Girth, Minimum monthly charge $15.75 (includes first 3 Ccf) SHIN/111d5 g ( ' h�'ur�el 5 Minimum quarterlycharge 47.25 Includes first 9 Ccf) Per Ccf over minimum monthly charge 2.52 (Ccf = 100 cubic feet of metered SHARON water used or metered wastewater discharge if provided in permit) MON At-Large Effective January 1, 2019, the average residential user's cost will rise $1.25 per S I:vE month, while the minimum quarterly charge will rise $2.25. SCI-IMIA-1, Effective July 1 2019, the average residential use's cost will rise another $1.25 per �t!-barge month, while the minimum quarterly charge will increase $2.25. I These rates will remain about the fifth lowest in the state after applying these increases (and assuming other entities don't adopt rate increases). Summary Statement: As discussed at the council work session Monday, October 15, 2018, the City needs to continue making substantial capital improvements to the sewer system. In order to maintain balanced budgets for the sewer fund, rate increases are required. The City developed a collection system master plan to implement improvements required by the consent decree. These increases will fund the debt service needed for projects currently planned to be financed over the next two years. WE'RE WORKING FOR YOU! Page 109 of 112 An Fqual Opportunity/Affirmative action Employer Expenditure Required: NIA Source of Funds: NIA Policy Issue: The rate increases will allow the city to comply with Clean Water regulations and maintain a balanced sewer budget. Alternative: If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Resources are not made, the City won't be able to comply with the regulatory requirements and will likely be penalized with fines. Background Information: The last sewer rate increase was effective July 1, 2015, three and one-half years ago. As we discussed previously, we anticipated that annual rate increases of 5% would be needed subsequent to that to provide funding for construction of needed improvements. The City will not be able to comply with recent Department of Natural Resources and US EPA requirements without additional revenue. Page 110 of 112 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes of September 2018. City Council Meeting: 10/22/2018 Prepared: 10/17/2018 REVIEWERS: Department Reviewer Action Date t:'omr:najri y l)eveloprre t Mies, Rudy Approved G 0/17/20 tl 8 ... tl 0:04 AM t errk Off-we fIngby, 1" ar�cy Approved 0/17/2018 tl0-27 AM ATTACHMENTS: Description Type CWTJIIL rb y Devellop time it.. Board eefir�g MV rwtes Sep te,r ube 2018 Covet peri�mr� SUBJECT: Community Development Board Meeting Minutes of September 2018. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: approval Page 111 of 112 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING September 18,2018 The regular meeting of the Community Development Board was held in the council chambers at City Hail at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, September 18, 2018. Members present: Donald Share,John Chiles, Precious Clark-Muhammad, Maxine Tisdale, and Angela Weekley Members absent: Jason Verbraken and Lisa Munoz Also present: Rudy D. Jones,Community Development Director; Angie Fordyce,Community Development Coordinator; Anita Merfeld,Administrative Secretary; Maggie Howard-Heretakis,Project Specialist; A.APPROVAL OF THE AGENDA Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Tisdale,and seconded by Clark-Muhammad to approve the Agenda. Motion carried. B.APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON AUGUST 21,2018. Chairperson Chiles requested additions or corrections to the minutes for the regular meeting August 21, 2018. There were none. It was moved by Clark-Muhammad,and seconded by Tisdale to approve the minutes of the regular meeting on August 21,2018 as presented. Motion carried. C. OLD BUSINESS 1.Lead Grant Updates-Benchmarks Our third quarter benchmarks will be met and we are on track to stay ahead of our goals for the fourth quarter. Our outreach activities have increased and our waiting list is slowly increasing. Due to the amendment to our lead grant made to the rental units in regards to cost to landlords, staff believes that those numbers will increase, as well. 2.Public Hearing for CAPER-Extension Staff asked HUD for an extension on the CAPER, our new due date is November 2151. The public hearing will be held on November 13"`due to the 20t"of November being during Thanksgiving week.Another 15 day comment period will have to be held at the beginning of November. E. NEW BUSINESS 1. Endorse Rehabilitation Contracts for August 2018. It was moved by Tisdale and seconded by Clark-Muhammad to endorse the rehabilitation contracts for August 2018.Motion carried. 2. Neighborhood Services Report 3. Amend the Emergency Repair Policy Staff would like to amend our existing policy on emergency repairs. In the past our policy was once a client had an emergency repair they were not eligible for another,the amendment will state that if an initial emergency repair is under the$4,000 cost the client could be eligible for another emergency repair as long as it doesn't exceed the$4000 emergency cap plus the $1,500 Trust Fund Contribution. Share made a motion to amend the emergency repair policy as stated above.Tisdale seconded that motion. All ayes.Motion passed F. DISCUSSION ITEMS ADJOURN MEETING. With no further business it was moved by Share,and seconded by Weekley to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. R s AeTis 4ale , a Board Secretary Page 112 of 112